How Does Law Allow Bakrid But Not Jallikattu?

Several ways being suggested to nullify the ban, but will any of them work?

(Photo Courtesy: The News Minute)

Our social media timelines have been flooded with one of the most popular reaction to the SC jallikattu ban – why not ban lamb slaughter on Bakrid, is that not cruelty?

The Prevention of Cruelty to Animals Act (PCA) is the governing legislation for animal rights. Section 28 of the act says, “Saving as respects manner of killing prescribed by religion – nothing contained in this Act shall render it an offence to kill any animal in a manner required by the religion of any community.”

Hence, any sacrificial ceremony as part of any religion is protected under the act. So, one of the ways out of the ban (as suggested by lawyers and activists) is to declare Pongal a religious festival. This would make jallikattu an intrinsic part of the religious festival and it could then be allowed under Section 28 of PCA, as some would argue.

But the exemption in case of religious events is only for ‘killing’ animals, not torturing or exhibiting them. Hence, even if Pongal is declared a Hindu religious festival, jallikattu cannot be allowed.

Not Too Many Options

(Photo Courtesy: The News Minute)

The union government says the state can pass an ordinance by declaring the sport a ‘fair’ or an ‘exhibition’ which falls under the State List of the Seventh Schedule.

But legal experts believe that this will not go past the Supreme Court because of the cruelty argument.

Another option being suggested is that the Centre could remove ‘bulls’ from the list of ‘performing animals’ for which laws have been prescribed. The apex court declared the sport illegal on the basis of these laws. The Supreme Court also held that Jallikattu is inherently cruel, irrespective of whether it is on the list of performing animals or not. Hence, experts believe that this argument may not hold ground.

Under section 27 of the PCA, two other exemptions have been listed – training of animals for police or military purposes and exhibition of animals for educational or scientific purposes. Lawyers suggest amendment to the Act by adding another exemption of exhibition for traditional and culture, thereby allowing jallikattu.

But that won’t settle it either, for the SC has said in its 2014 judgement, ‘Even the ancient culture and tradition do not support the conduct of Jallikattu or Bullock cart race, in the form in which they are being conducted at present. Welfare and the well-being of the bull is Tamil culture and tradition, they do not approve of infliction of any pain or suffering on the bulls.”

Perhaps only a two- way strategy could help jallikattu. First, the Centre has to remove ‘bulls’ from the list of performing animals, and then jallikattu supporters have to demonstrate in court that the event can happen without torture and cruelty. The matter will have to get back to the court again, and no executive action alone can permanently allow it.