The Tamil Nadu-specific ordinance to amend the Prevention of Cruelty to Animals Act of 1960 has provided exemption to ‘jallikattu,’ through by-passing the provision in the parent law which deals with restrictions on “performing animals.”
Called the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance 2017, the new law has amended Section 22 (“restriction on exhibition and training of performing animals”), by stating that “nothing in this section shall apply to conduct of Jallikattu.” There have been persistent demands from various quarters that “bulls,” which were included in this list through a notification of the Union Ministry of Environment and Forests in July 2011, be removed from the list.
After the Supreme Court, in May 2014, gave its verdict against ‘jallikattu,’ the Centre, through an executive order in January 2016, sought to provide exemption for the conduct of the event. But, the Court, subsequently, stayed the operation of the executive order.
Four other sections have been amended and one new section, called 28A, has been added. They are: Sections – 2 (“definitions”), 3 (“duties of persons having charge of animals”), 11 (“treating animals cruelly”), and 27 (“exemptions”). The new section will be known as “saving in respect of ‘jallikattu,’ which comes under the chapter of “miscellaneous.”
The Explanatory Statement of the Ordinance refers to the Supreme Court’s judgment of May 2014 which had held that the conduct of “Jallikattu” violated provisions of the 1960 law, especially sections 3, 11 and 22. The State government had decided to give the exemption, “considering the vital role played by the event of “Jallikattu” in preserving and promoting tradition and culture among people in large parts of the State of Tamil Nadu and also considering the vital role of ‘Jallikattu’ in ensuring survival and continuance of native breeds of bulls.”
The amendment to Section 2 defines ‘jallikattu’ as an event involving bulls conducted with a view to following tradition and culture on such days from the months of January to May of a calendar year and in such places, as may be notified by the State government. The term includes “manjuviratu,” “vadamadu,” and “erudhuvidumvizha.”
The Section 3 of the principal Act has been renumbered as sub-section (1) of that section, after which the following has been added: “notwithstanding anything contained in sub-section (1), conduct of ‘Jallikattu,’ subject to such rules and regulations as may be framed by the State government, shall be permitted.”
As for the Section 11, another important provision of the parent law, the clause, called sub-section (f), has been included and it states that “the conduct of ‘Jallikattu’ with a view to follow[ing] and promot[ing] tradition and culture and ensure preservation of native breed of bulls as also their safety, security and wellbeing.”
In respect of the Section 27, a clause, known as sub-section (c), has been added. It says “the conduct of ‘Jallikattu’ with a view to follow [ing] and promot[ing] tradition and culture and ensure survival and continuance of native breeds of bulls.”
The Section 28-A, which would follow Section – 28, states “nothing contained in this Act shall apply to ‘Jallikattu’ conducted to follow and promote tradition and culture and such conduct of ‘Jallikattu’ shall not be an offence under this Act.”
