2-Feb-2018: Supreme Court refers Jallikattu challenge to Constitution Bench

The Supreme Court has referred to a Constitution Bench to decide whether the people of Tamil Nadu can preserve Jallikattu as their cultural heritage under Article 29 (1) of the Constitution and demand its protection.

The decision came based on petitions filed by activists to strike down the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017 and the Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017. Activists contended that the amended laws had opened the gates for the conduct of the popular bull-taming sport in the name of culture and tradition despite a 2014 ban by the Supreme Court.

Activists contend that the 2017 Jallikattu Act and Rules violate the five internationally recognised freedoms — the freedom from hunger, malnutrition and thirst; freedom from fear and distress; freedom from physical and thermal discomfort; freedom from pain, injury and disease; and freedom to express normal patterns of behaviour.

It is for the first time the Supreme Court is considering the question of granting constitutional protection to Jallikattu as a collective cultural right under Article 29 (1). Article 29(1) is a fundamental right guaranteed under Part III of the Constitution to protect the educational and cultural rights of citizens.

Though commonly used to protect the interests of minorities, Article 29(1) mandates that “any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same”.

9-Jan-2017: TN CM urges Centre to promulgate ordinance.

Tamil Nadu Chief Minister O Panneerselvam has urged Prime Minister Narendra Modi to consider passing an ordinance to ensure that Jallikattu (bull taming) sport is held as a part of the Pongal festivities across Tamil Nadu this year.