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THE

JALLIKATTU WAS
APPOSED BY THE SUPEAM COURT
Submitted
To
Prof. Mr. ANUSHMAN SING

BY:
Keerthi nesan.s
IIyear,B.Com.,

LL.B (Hons)
(Reg

no: BC0140030 )

Declaration
I, S.keerthi nesan do hereby declare that the project entitled THE
JALLIKATTU WAS APPOSED BY THE SUPEAM COURT submitted
to Tamil Nadu National law school in partial fulfillment of requirement of
award of degree in undergraduate in law is a record of original work done
by me under the supervision and guidance of Professor Mr. ANUSHMAN
SING department of JURISH PROTENCE , Tamil Nadu National law school
and has not formed basis for award of any degree or diploma or fellowship
or any other title to any candidate of any university.

KEERTHINESAN.S
B.Com.,LL.B
( Hons )

Certificate
This is to certify that the project entitled THE JALLIKATTU WAS
APPOSED BY THE SUPEAM COURT submitted to Tamil Nadu National
law school in partial fulfillment of requirement of award of degree of
under graduate in Law done by KEERTHI NESAN.S under the
supervision and guidance of Professor Mr. ANUSHMAN SING,
department of JURISH PROTENCE, Tamil Nadu National Law School.

Prof. Mr. ANUSHMAN SING

Place :Tiruchirappalli

ACKNOWLEDGEMENTS

At the outset, I take this opportunity to thank my Professor: ANUSHMAN


SING from the bottom of my heart who have been of immense help during
moments of anxiety and torpidity while the project was taking its crucial
shape.
Secondly, I convey my deepest regards to the Vice Chancellor
Prof. ARUN ROY and the administrative staff of TNNLS who held the
project in high esteem by providing reliable information in the form of
library infrastructure and database connections in times of need.
Thirdly, the contribution made by my parents and friends by
foregoing their precious time is unforgettable and highly solicited. Their
valuable advice and timely supervision paved the way for the successful
completion of this project.
Finally, I thank the Almighty who gave me the courage and stamina
to confront all hurdles during the making of this project. Words arent
sufficient to acknowledge the tremendous contributions of various people
involved in this project, as I know Words are Poor Comforters. I once
again wholeheartedly and earnestly thank all the people who were involved
directly or indirectly during this project making which helped me to come
out with flying colors.

Research Methodology

The research methodology used in this project is analytical and


descriptive. Data has been collected from various books, materials, papers
and web sources. This project is based upon non-doctrinal method of
research. This project has been done after a thorough research based upon
intrinsic and extrinsic aspects of the project.

THE JALLIKATTU WAS APPOSED BY THE SUPEAM


COURT
INTRODUCTION:
Jallikattu is a Tamil word, which comes from the term Callikattu, where Calli means coins

and Kattu means a package. (Tamil: challikatu) also


known Eruthazhuvuthal (Tamil: erutazhuval) or Manju virau is a bull's game day event
happening in Tamil Nadu as a part of Pongal celebrations on Mattu Pongal day.
Jallikattu refers to silver or gold coins tied on the bulls horns. People, in the earlier time,
used to fight to get at the money placed around the bulls horns which depicted as an act of
bravery. Later, it became a sport conducted for entertainment and was called Yeruthu
Kattu, in which a fast moving bull was corralled with ropes around its neck. Started as a
simple act of bravery ,later, assumed different forms and shapes like Jallikattu (in
thepresent form), Bull Race etc., which is based on the concept off light or fight. Jallikattu
includes Manjuvirattu, Oormaadu, Vadamadu, Erudhu, Vadam, Vadi and all such events
involve taming of bulls.
The Jallikattu is one of the very famous honor and brave game , also this is not a simple
games and not for animals cruelty, This only shows your will power ,brave, train for war and
in olden days .In tamil nadu Every the womens house will grow the bull to test the bride
groom will power for in his life also solve all problems in a honor way and brave mind. The
Bulls are bred specifically by some private rich persons of the village for the event and
attended mainly by many villages' temple bulls (kovil kaalai). A temple bull is like the head
of all cattle in a village; special rituals will be performed for this temple bull during important
days. It is serving as proof for knowing tamil civilization that they were highly civilized to
make a festival game day even for their bulls and cattles which help very much in their
agriculture.

After the central government lifted the ban on 'Jallikattu', there has been a lot of outcry
from animal rights activists. First off, I am what you call a 'vegan' (actually, I'm a wannabe
fruitarian) and I'm being one not because of religious reasons, but of moral reasons. I too
rescue, adopt animals and fight for their rights and I strongly believe that humans should not
enslave or treat them bad for any reason, yet! I support Jallikattu and am against banning it.
I know this could be quite confusing because a person with this 'animal rights activist' profile
will usually be associated with organizations like PETA, Blue Cross and would be totally
against using animals for entertainment. So allow me to first clear up some misconceptions
about Jallikattu and then I'll explain why Jallikattu should not be banned. Let me start with
the origins of this tradition. There are many theories about Jallikattu's origins, but I'm gone
tell you the one which we all learned from our history. It goes something like this: Before

tractors came and messed up our fields, we used bulls to plough the land. Before the
ploughing and seeding season starts, the bulls will be allowed to mate with the cows (only
then they would be somewhat docile. Then they'll start working hard ploughing the land.

The Jallikattu is absolutely cruelty free with no harm to animals what so


ever?
No! Like every other animal-human relationship there are some problems in Jallikattu too
that need to be dealt with. Things like giving liquor to the bull, poking it are already strictly
prohibited by the Jallikattu committees but there are always the ones who break the rules,
there are always accidents (which is what these activists cherry pick and report to demonize
the entire tradition).
They make it look like the entire tradition is evil and cruel to the bull!
The Peta want to control to cow, chicken , pig , birds killing peoples want to put case on
those people , dont create this kind of problem ?.Has anyone of these activists ever been to
a farm in Tamil nadu ?. Do they know how much care it takes to raise a bull?. Do they know
how protective the bull owners are when it comes to bull's safety ?. Do they even know that
we don't eat beef and consider cows as our mothers?
Jallikattu is what's keeping our native breed of cows from going extinct which is a huge
problem for western cattle industry. They want to make money by selling us western cattle,
bull semen, medicine, etc and our bulls are in their way. And they used PETA to get rid of
them. All we need is strict rules & regulations for jallikattu that'll ensure the safety of both
the animals & the players. This will be a win-win for everyone.
After ploughing is done, the seeding begins and then there will be no need for the cattle to
be in the farm. So the farmers will let the cows & the bulls lose in the graze lands away from
the village. They'll roam around free gazing. This is good for both the cattle & the farmers
because this is the time the cattle gives birth to their young ones and here at the farm, there
would be no worry of the cattle accidentally trespassing and grazing on the cash crops.
But after harvest, the cattle are needed back in the farm because they'll be made to gaze
the leftovers on the field during which they excrete manure which is good for the soil and
the bulls will be used for transporting the harvest. Now, here's where it all begins. When the
farmers let their animals lose, they'll remove the nose rings & ropes of the animals to
prevent them being abducted. While the farmers set out to bring back the cattle to their
farms, it will be easy for them to get the cows & the calves since they're naturally docile and
will have a good relationship with their humans. But our bulls on the other hand , they don't
like to give away the freedom they've enjoyed for the past few months hence they resist.
So all the youngsters in the village will get together and go on a mission to bring back the
bulls. Since there's no nose rope or ring to control the animal, they catch them by clinging
on to their humps, and using their legs to stop the bull from running, finally putting the rope
back on and bringing them home. And since this is a highly risky business & takes a lot of
'guts' (sometimes literally), the bull owners will put bounties on the bulls' heads (when they
let them lose) to encourage & reward the ones who capture their bulls for them. And when I
say 'bounty', I mean literally a bounty called 'Jallikattu' which is cash coins (jalli) tied in a

pouch (kattu). This is how it all began. There's no cruel intentions here, no weapon, no
blood. But on the course of time, when tractors replaced our bulls, this cycle of letting the
bull free and catching it back got interrupted, and worse, both the bulls and the art of bull
catching started to go extinct. Hence, as an antidote this art of catching bulls was
transformed into a tradition (or a sport) called 'Jallikattu' which saved both the bulls & this
art from going extinct.
'Jallikattu is a cruel sport in which the bulls are tortured & killed'
First of all, this is not like the western bull 'FIGHTING' in which the objective of the sport is to
dominate, torture & kill the animal. In Jallikattu, the objective is to obtain the 'Jallikattu' a
pouch which contains the reward coins called 'Jalli' tied to the horns of the bulls. And the guy
who manages to cuddle the bull enough to remove & obtain this pouch, wins. The animal
hardly spends 20-30 seconds in the arena.
While the players are NOT allowed to carry weapons of any kind or wear protective gears,
the bulls on the other hand will not have nose rings or ropes. Plus, they're equipped with a
pair of sharp horns which can gore a human within seconds. So it's actually the bull which
has the upper hand in this match.
The objective of the bull is just to escape these players and cross the exit line, which most of
them does easily. But some of them would like to match up. They stop, turn around and
charge at the players to show who's the boss. And our players will use their experience,
skills and most of all their 'guts' to try and tackle the bull. BOTH the animal and the human
are well aware of the game and hence THIS IS A FAIR SPORT, unlike hunting or horse racing
where the animal has no idea of what's going on.
Even after all this, if these animal activists still want to ban Jallikattu, I'm all up for that too!
BUT! Here's what should get done before banning Jallikattu :
ONLY after you've done all the above, is there any right to talk to about banning Jallikattu. I
wonder how many of these 'animal activists' even know about the differences
between indigenous and western breeds., they're are just keyboard activists who are
emotionally manipulated by organizations like PETA.
In your tamil nadu peoples are waiting eagerly to continue this tradition

This interview shows negative aspects of the sport and supports the ban.
1.)What is your opinion about the Jallikattu notification, considering that the case may still
go back to court? Is the notification by the centre allowing the practice to continue legally
tenable?
There is a review petition pending in the case. The judgment by the Supreme Court invoked
Section 22 of the Prevention of Cruelty to Animals Act. The Animal Welfare Board strongly
argued the case and the court decided that that the sport violated the law. The judgement
was well argued and detailed, taking all aspects of the arguments into consideration.
This notification seeks to put some restrictions on the conduct of Jallikattu. But the issuance
of such an order is itself tenuous. The Supreme Court has given its verdict and this order by
the executive is tenuous.

Has the executive overreached in passing this order going against the
judiciary?
The legislature has powers to overturn any order of the Supreme Court. But the executive
passing an order to do it is too much. Ideally the government should have passed legislation
in Parliament citing customary practices and traditions, thereby removing issues in the
Supreme Court order. The government could have imposed much stricter regulations on
Jallikattu and allowed the sport to continue. That is called a Validation Act. That would have
been a more decent way to seek to change an order of the Supreme Court. Passing an
executive order is not.
Every institution is losing its sanctity. Why cant you do it in a proper way? There are three
options before the government if they wanted to overturn a Supreme Court order: One) file a
review petition, two) file an interlocutory application in the disposal of matter or three) get a
Validation Act passed through Parliament.
The Opposition is not making an issue of it, though. And taking the Parliament route might
have been a lengthy process.
Parliament will not do it. This is an election year. You can already see how muted the
reaction is to this order by the executive. Everyone will be happy now, even if the case goes
back to court and the court stays Jallikattu. They can always blame the court for it later.
The government can think along the lines of allowing some sports like horse racing and
dog shows are allowed with stringent restrictions. The sport of Jallikattu itself can be
modified to an extent where it can be done in a dignified way. No one will object to
modifying the way Jallikattu is conducted.There is a slightly unreal quality broken out after
the Supreme Court stayed the Centres January 7 notification lifting the ban on jallikattu
(bull-taming) and bullock cart racing. Traditionally held during the harvest season, especially
Pongal, in Tamil Nadu, these sports have been banned for the last four years as they were
deemed to be in violation of the Prevention of Cruelty to Animals Act.
Ironically, while the ban was in force, we did not see jallikattu become such a big issue in
Tamil Nadu. There was no talk of the affront to Tamil pride on primetime television, no
vociferous show of political unanimity in the state on the need to reinstate this longestablished, but patently cruel, cultural practice.
Dump Archaic Traditions
With the assembly polls a few months away, Jayalalitha seems to have decided that she
needs to give jallikattu as a Pongal gift to the people
Any blood sport, or a form of it involving brutality should be condemned as its a show of
violence and power
No merit in the argument that just because the sport has been practised for centuries, it
must be allowed to continue
The Supreme Court has taken the right decision by putting brakes on the governments
attempt to revoke the ban on the sport

Electoral Sop?
Indeed, the government the state and the Centre could have simply let sleeping dogs
(or, bulls) lie and not raked up the matter. But governments do strange things when
elections are near and people need to be wooed with all manner of sops. With the Tamil
Nadu assembly polls a few months away Chief Minister, J. Jayalalitha seems to have decided
that she needs to make a Pongal gift of jallikattu to her people.
Jallikattu has been known to be practiced during the Tamil classical period.It was common
among the ancient tribes who lived in the Mullai geographical division of the ancient Tamil
country. The event often results in major injuries and deaths with over 200 deaths over the
past two decades. Animal activists and PETA India have protested against the practice over
the years. Along with human injuries and fatalities, the bulls themselves often sustain
serious injuries.
Sensing a potential electoral bulls eye, the NDA government quickly chimed in, falling over
itself to facilitate the AIADMK leaders plan. And all at once, jallikattu whether to be or not
to be is at front and centre of the national discourse, with many claiming that its intrinsic
to Tamil identity. This despite the fact that the sport is practiced only in certain southern
parts of the state.
The Supreme Court on Tuesday stayed the Centre's notification lifting ban on controversial
bull taming sport Jallikattu during the festival of Pongal in Tamil Nadu."As an interim
measure, we direct that there shall be stay of notification dated January 7, 2016 issued by
Ministry of Environment and Forest (Mo EF)," a bench comprising justices Dipak Misra and
NV Ramana said.

Centres Political Ploy


After the Supreme Court stayed the notification revoking the ban yesterday, an undeterred
Tamil nadu CM. J. Jayalalithaa requested the Centre to issue an ordinance to bypass the apex
courts order and allow Jallikattu to take place in time for Pongal that will be celebrated
tomorrow.
It is of course unlikely that Narendra Modis government will go so far to please the Tamil
Nadu chief minister and the advocates of the sport. Although, attorney general MukulRohatgi
did argue strenuously in favor of jallikattu, trying to demonstrate that unlike bull fights, it
involves no cruelty to the bulls that are bred specifically for the purpose.

Cruelty to Animals
However, animal rights activists point out that cruelty to the animals is inherent to the sport.
The bulls are goaded and tortured they are punched and stabbed, disoriented with
alcohol, their tails twisted to get them into the arena where excited young men collect
around them, hold on to their humps and tame the terrified creatures.
Indeed, to say that tough rules are in force now to prevent animals being abused, is like
saying you can make an omelets without breaking an egg. Any blood sport, or a form of it,
involves brutality. Its a show of violence and power man over man, man over animal. The
deadly gladiatorial combats of ancient Rome, the bullfights of Spain, Portugal and parts of

Latin America, foxhunts of the UK, boar hunts of France, the bloody cockfights in many parts
of rural India, and yes, even the oh-so-bloodless jallikattu, are all occasions to experience
that frisson of thrill, danger and triumph at the spectacle of the powerful getting the better
of the one less so.
Unfortunately, the thrill comes at a cost. It involves killing or brutalizing the animals who
must submit themselves to satisfying mans bloodlust, his lust for making a statement of his
valor and machismo.
Sports Versus Brutalization
As early as 1835, the British banned bearbaiting, cockfighting, and dog fighting. It was felt
that these three blood sports were bad for the people as they excited their worst instincts
and spurred them to drink and violence. It wasnt until 2004 that foxhunts, that elite sport
of the British gentry, was finally banned in the UK. In 2010, bullfights were banned in the
Catalonia region of Spain. I had an occasion to witness a bullfight in Madrid some years ago.
No doubt I am ignorant of the arcane skills of Matadors but to me, the entire spectacle
seemed less a fight and more a bloody and ruthless slaughter of the bulls
Banning a traditional sport that brutalizes animals is always a fraught issue. It took years of
campaigning and a furious nationwide debate to get foxhunts outlawed in Britain. Spain is
river in two over bullfights, with Catalonia banning it, and the rest of the country clinging on
to what it considers to be its iconic sport. So it is natural that jallikattu will be similarly
debated.
However, there is no merit in the argument that just because the sport has been practised
for centuries, it must be allowed to continue. By that token, no unjust or abhorrent social
custom could ever be done away with. Our laws recognize the rights of animals. Jallikattu, no
matter how hallowed a tradition in some areas of Tamil Nadu, is a violation of those rights.
The Supreme Court has taken the right decision by putting the brakes on the governments
attempt to revoke the ban on the sport. Instead of trying to whip it up into an electoral issue,
J.Jayalalithaa should back off and allow jallikattu to pass into history.
The following paper shows the jurisprudential aspects of this case. Its called Animals and
Law: Property, Cruelty and Rights. It is therefore important for all people who are affected by
animals- which is, of course, virtually everyone- to know something about how the law treats
animals. If the law precludes appropriate ways of thinking about animals, we ought to know
about it so that the law can be changed. On the other hand, if the law's general approach to
animals is sound, the existing legal apparatus may provide a useful foundation for treating
animals fairly.
His information is placed in historical context. Some readers will find this history surprising,
even if they (wisely) begin with the view that the law can work in strange ways and does not
always reflect reason, morality, or common sense.

Does the law treat animals as essentially inanimate objects, not


possessed of important interests?
This question is important because many who view them selves as animal advocates
answer it affirmatively. Some of these people believe that the law stands in the way of

decent treatment of animals. Some blame the law for much of what they consider to be
unethical behavior toward animals.
The law's view of animals is not hopelessly manipulative and heartless. Indeed, fundamental
legal con cepts relating to animals provide considerable moral space.1 This space allows for
some inappropriate treatment of animals, but it is also consistent with excellent treatment of
animals. If people have too often treated animals poorly, that is usually not the law's fault,
but their own. To blame fundamental legal concepts relating to animals for bad treatment of
animals will therefore prove as unproductive as it is historically inaccurate.

THE LEGAL STATUS OF ANIMALS: THE 'ACTIVIST' VIEW


It is useful to begin with what I shall call the activist view of the legal status of animals. In
using the term "activist" I do not mean to disparage those who espouse the view. Many
people who advocate this view call themselves animal activists. Indeed, some who espouse
the view use much stronger terms to describe themselves, such as animal use "abolitionists"
or animal "liberationists." I will elaborate on the activist view as its contentions are explored
further. Initially, it can be characterized as making the following assertions:
The law's fundamental approach to animals is historically outmoded and ethically
unacceptable.
(2) This fundamental approach views most animals as the property of human beings, and
claims to protect animals through so-called "cruelty-to animals" laws.
(3) The classification of animals as property and cruelty laws
(a) do not afford due regard to the interests of animals.
(b) do not, and indeed cannot, afford them legal "rights.
(c) are in fact not even intended to protect animals and their interests, but to serve human
interests.
Therefore, substantial and fundamental changes in the law's conception of and approach to
animals are required.

ANIMALS AS PROPERTY
The Popular Definition of pear to understand by the term in ordinary discourse. Many people
seem to conceive of property as something that belongs to one and over which one has
complete control, to the absolute exclusion of anyone else
Blackstone applied this notion of absolute and exclusive control to the concept of "chattel"
or personal property. He listed typical forms of such chattel over which their owners
supposedly have absolute dominion. Included in this list are animals.
In Tamil nadu peoples opinion the supreme court want to allow permission to contact the
bull claiming game in Tamil nadu , your young blood is in very high blood boiling we are
waiting eagerly ,

And in my point of you I also 18 ago to wait for eagerly to participate the Tamil tradition
game , I also so my brothers braveness show to my mother land .

In Tamil nadu peoples are against the supreme court jurgement?


What they know about the jallikattu , that the bulls are maintain like one of the family
members , we will show love ,and to take care of clean and careful the bread pray for god
and the monthly twice doctor checkup to the body condition are good .The jallikattu means
how your son were going to play the game we will take care of it and then the animals cant
to speak so we will take care which more,
Then the medical care we be in near the ground for check the bull completely by winery
doctors to perfect t go to the ground the bull. Then after the bull want the raid then the
doctor will check the animal. To give perfect to go home with out any pain .There many
types of emergency system are followed and ready for any time for bull, man who were
playing the jalikattu the bull claiming . But this king of peta , animal welfare are filed a case
on jallikattu in supreme court .Then the supreme court also gave the judgment says that
they banned the jallikattu in Tamilnadu In 2016 there was not celebrated the jallikattu .

Conclusion:
The Supreme Court judgment is wrong to judge they were not analyzed properly , hind
feelings of the jallikattu celebration , The but peta was won the case with out thinking of
human feelings and they dont know about the jallikattu. The parliament frame the law only for
tamilnadu to do jallikattu on respected day with certain rules because it is traditional to Tamil history it 4 to 5
thousands of year . the Supreme Court permitted the Goverment of Tamilnadu to allow Jallikattu for on that month
in a year and directed the District collectors to make sure that the animals that participate in Jallikattu are registered
to the Animal Welfare Board and in return the Board would send its representative to monitor over the event. An age
old tradition cannot be banned citing some odd cases. Steps must be taken to enforce strict rules and regulate the
event. With over 4000 years of recorded history, it is one of the oldest sport in the world. The farmer is based on this
jallikattu banning is has sale his bull in very cheap for beef. The 5000 years old tradition sports has ban it against
the cultural rights. Where the animal welfare board of India only focused the bull sport but they left the horse race,
elephant cruelty they not banned it. Where banning jallikattu it affect the milk production. So the SC have to redo
the judgement give life to culture.

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