Hindu Editorial Analysis : 22-May-2023
The recent decision by the Supreme Court to uphold the changes made by the Tamil Nadu Assembly, as well as the cultural sentiment behind the bull-taming sport of Jallikattu, has sparked debates and discussions across the nation. Jallikattu is deeply rooted in Tamil Nadu’s tradition and culture, and understanding the arguments for and against this sport is crucial in comprehending the significance of the Supreme Court’s judgment.
Exploring Jallikattu:
Jallikattu is a bull-taming sport that has been an integral part of the Pongal festival, a celebration of nature and a time to express gratitude for a bountiful harvest. Villages near Madurai, including Avaniapuram, Peelamedu, and Alanganallur, host contests that set the tone for the season, which lasts until April.
How is Jallikattu played?
Jallikattu takes place in specially constructed arenas, where farm hands compete against elite breeds of bulls. It is a violent sport with only one winner, whether it be man or bull.
The Conflict:
The sport of Jallikattu has been at the center of a longstanding conflict between activists and proponents of the game. Animal rights activists argue that any sport involving physical contests between humans and animals violates animal rights. On the other hand, supporters of Jallikattu contend that it is an integral part of Tamil Nadu’s tradition and culture and should not be banned.
Arguments in Favor of Jallikattu:
- Political Economy: Jallikattu showcases the quality of cattle, the breeding skills of cattle rearers, and the significant role of cattle in an agrarian economy. It also brings power and pride to farmers and land-owning castes in rural Tamil Nadu, making it a cultural manifestation of the region’s political economy.
- Cultural Resistance: For agrarian communities, such as Thevars and Maravars, Jallikattu serves as a marker of social standing and identity. It is seen as an act of cultural resistance against urban modernity that tends to marginalize rural and agrarian values.
Arguments Against Jallikattu:
- Cruelty to Animals: Animal rights groups and the courts have raised concerns about the cruelty inflicted on bulls and the dangerous nature of the sport, leading to injuries and even death for both bulls and human participants.
- Apex Court’s View: In 2014, the Supreme Court ruled that the Prevention of Cruelty to Animals Act overrides cultural traditions. The court emphasized the need to protect the dignity and honor of animals, drawing upon Upanishadic wisdom.
Legal Battle Over Jallikattu:
In 2014, the Supreme Court banned Jallikattu, considering it cruel to bulls. However, the Tamil Nadu government enacted 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, reopening the gates for the sport.
The State government’s response:
The State government responded to the ban by amending the central Prevention of Cruelty to Animals Act, 1960, in its application to the State, and obtained the President’s assent.
Supreme Court’s Current Judgment: Anchored to Key Findings and Legislative Acceptance
Key Findings: Minimizing Cruelty and Cultural Significance
The verdict of the five-judge Bench is anchored to two key findings. Firstly, the 2014 judgment was based on the premise that the fresh regulations minimize cruelty and pain associated with the game. However, it is now determined that those conditions are no longer prevalent.
Legislative Acceptance: Tradition and Cultural Heritage
Secondly, the Court has accepted the perspective of the legislature, recognizing jallikattu as a sport conducted every year, rooted in tradition and culture. This acceptance showcases the Court’s acknowledgment of the legislature’s authority in defining cultural heritage and signifies that the Court should not delve into such an inquiry.
Respecting Cultural Sentiment: Balancing Animal Rights and Tradition
Significance: Respecting Legislative Wisdom
The Court’s acceptance of the legislature’s perspective on what constitutes cultural heritage demonstrates that the Court cannot embark on an inquiry into such matters. It signifies a deference to the legislative scheme that underlies the cultural sentiment. This scheme allows for sports like jallikattu, kambala (a buffalo race in Karnataka), and bullock-cart racing in Maharashtra to continue without violating the law against animal cruelty.
Preserving Animal Rights: No Dilution of Earlier Verdict
Importantly, the Court’s decision does not imply any dilution of the earlier Bench’s verdict, which incorporated international rules favoring animal rights into Indian law. The Court has chosen to defer to the cultural sentiment underlying the legislative framework while still upholding the importance of animal rights.
Why In News
The Supreme Court has recently reaffirmed its support for the changes made by the Tamil Nadu Assembly, recognizing the significance of Jallikattu as an integral part of the state’s cultural heritage. The court’s decision reflects a deep understanding of the cultural sentiment and the importance of preserving traditional practices like Jallikattu.
MCQs about The Supreme Court’s Verdict on Jallikattu
-
What is the primary argument in favor of Jallikattu?
A. It promotes urban modernity and cultural assimilation.
B. It enhances animal rights and welfare.
C. It showcases the political economy and cultural identity of rural Tamil Nadu.
D. It is a dangerous sport that should be banned for safety reasons.
-
How did the Tamil Nadu government respond to the ban on Jallikattu?
A. It abolished the traditional practice of Jallikattu.
B. It introduced stricter regulations to ensure the safety of participants and animals.
C. It filed a petition to reverse the Supreme Court’s decision.
D. It passed an amendment to the Prevention of Cruelty to Animals Act, allowing the continuation of Jallikattu.
-
What was the basis of the recent Supreme Court’s judgment on Jallikattu?
A. The economic benefits of Jallikattu to the rural communities.
B. The international rules favoring animal rights.
C. The cultural sentiment underlying the legislative scheme.
D. The safety concerns related to the sport.
Boost up your confidence by appearing our Weekly Current Affairs Multiple Choice Questions
