The Madras High Court recently ruled that foreign or cross breeds of bulls cannot be used for participation in “Jallikattu” and that the Tamil Nadu law permitting the sport allows use of only native breeds of bulls (E Seshan v. The Secretary, The Department of Law Government of Tamil Nadu and ors).
When the 2017 Tamil Nadu law itself is intended to preserve native bulls for the purpose of ‘Jallikattu’, there is no room for hybrids or imported bulls to participate in the event, the Court said.
The use of imported bulls and hybrids in Jallikattu has no legal sanction, the Court added.
“No other bulls other than native bulls can participate in ‘Jallikattu’. There is a inbuilt prohibition under the Act to use other breeds including imported hybrid/cross variety bulls to use it in ‘Jallikattu’ by employment of the adjective “Native”. In view of the above prohibition, no owner or authority can allow other bulls except native bulls to participate in ‘Jallikattu’,” the August 19 order stated.
The Court proceeded to make it compulsory for bulls proposed to be used for Jallikattu participation to be subjected to a veterinary examination by a qualified veterinarian of the animal husbandry department, so that it may be certified to be a native breed, reports Bar and Bench.
While filing an application to the District Collector to participate in “Jallikattu”, a certificate issued by the Animal Husbandry Department certifying that the bull is a “native breed bull” will have to be filed, the Court ordered.
“If any official or veterinary Doctor falsely certifies imported or cross/hybrid breeds as native breeds, it would amount to violation of order of this Court, warranting action under the Contempt of Courts Act, apart from departmental proceedings to be initiated against them. The aggrieved party can initiate contempt proceedings, if hybrid and/or imported bulls are found to be used in ‘Jallikattu’,” the Court added.
In the same ruling, the Bench of Justices N Kirubakaran and P Velmurugan also directed the authorities concerned to avoid artificial insemination of cattle as far as possible, and instead allow natural mating of the animals.
The Court remarked that artificial insemination done for cattle breeding deprives bulls and cows the pleasure of mating which they are entitled to naturally. Such denial amounts to cruelty, the Court said.
“Artificial insemination deprives of bulls and cows the pleasure of mating which they are entitled to naturally. Reproduction by natural process is a basic biological need which cannot be interfered with. Denying and depriving right to copulate amounts to ‘cruelty’ to Animals under the provisions of the Prevention of Cruelty to Animals Act, 1960. When rights of ‘voice less’ animals are violated, this Court has to raise its ‘voice’ to protect their rights. Therefore, it is advisable and appropriate to use bulls for the purpose of cattle breeding in natural way which would protect their rights, otherwise cows would be used as ‘manufacturing machines’”, the order stated.
The Court was hearing a petition moved to prohibit the participation of bulls and foreign breeds (Bos Taurus) and cross breeds of bulls in Jallikattu, Manjuvirattu, Oormadu, Vadamadu or Vadamanjivirattu, Eruduttu Viduthal.
Inter alia, the petitioner raised concerns that it is only native Indian breeds (Bos Indicus) which have a hump on their back large enough for the “tamer” to hold on reliably during Jallikattu. He, therefore, argued that use of foreign or hybrid bull breeds were also dangerous, since such bulls do not have humps big enough for the tamer to hold on. Moreover, non-native bulls have a tendency to trample and crush players on the field, the Court was told.
It was further contended that use of non-native bull breeds ran contrary to the 2017 Tamil Nadu amendment which allowed “Jallikattu” in Tamil Nadu after the Supreme Court initially banned the sport in 2014 as being cruel.
The very purpose of the Tamil Nadu amendment was to preserve the culture and heritage of native breeds of cattle, the petitioner said. While so, in 2019 and 2020, the “best bull award” in Jallikattu events was given to non-native bulls, the Court was told.
The petition was opposed by the State authorities which insisted that the use of foreign or cross breeds of bulls in Jallikattu is not prohibited under the Tamil Nadu’s 2017 law.
The Court, however, agreed with the petitioner’s stance and deprecated the government’s contrary submissions, observing that authorities cannot permit the use of foreign or crossbreeds according to their whims and fancies when the 2017 law does not permit the same.
“It is clear that the conduct of ‘Jallikattu’ is to promote the tradition and culture and ensure preservation of native breeds of bulls and also their safety, security and well being. That apart, the above amendments also make it clear that they specifically talk about native breeds of bulls only and no other breeds of bulls … When the Act only speaks about the native bulls, it is deemed that the other bulls are prohibited from participating in it,” the Court said.
The Court also compared photographs of native and non-native bulls to point out that the hybrid and imported bulls do not have humps large enough to make them fit for participating in Jallikattu.
The Court proceeded to allow the writ petition with the following directions:
- The respondents (State authorities and President, Jallikattu Peravai) are directed to permit native breeds alone to participate in Jallikattu events;
- The respondents are prohibited from allowing imported /hybrid /cross bulls in Jallikattu events;
- The respondents are directed to get a certificate from veterinary doctors certifying bulls, which are participating in Jallikattu events, are native breeds and not imported /hybrid /cross breeds along with application for participation in Jallikattu from owners of bulls.
- The respondents are directed to encourage bull owners /farmers to groom native breeds by way of subsidy or incentives so that farmers will be encouraged to groom native breeds;
- The respondents are directed to avoid as far as possible artificial insemination of animals, which would deny the mating rights of animals, amounting to cruelty under the provisions of the Prevention of Cruelty to Animals Act, 1960.
