Tamil Nadu

Full text of Tamil Nadu govt ordinance allowing conduct of jallikattu

The ordinance promulgated by the Governor on January 21, 2017 on jallikattu is hereby published for general information:

TAMIL NADU ORDINANCE No. 1 OF 2017

An Ordinance to amend the Prevention of Cruelty to Animals Act, 1960 so as to preserve the cultural heritage of the State of Tamil Nadu and to ensure the survival and wellbeing of the Native breed of bulls.

WHEREAS Whereas the Legislative Assembly of the State is not in session and the Governor of Tamil Nadu is satisfied that that circumstances exist which render it necessary for him to take immediate action for the purpose hereinafter appearing;

AND WHEREAS instructions of the President have been obtained in pursuance of the proviso to clause (1) of Article 213 of the Constitution;

NOW, THEREFORE in exercise of the powers conferred by clause (1) of Article 213 of the Constitution, the Governor hereby promulgates the following Ordinance;-

1. (1) This Ordinance may be called the Prevention of cruelty to Animals (Tamil Nadu Amendment) Ordinance, 2017

    (2) It shall come into force at once

2. In section 2 of the Prevention of Cruelty to Animals Act,1960 (hereinafter referred to as the principal Act), after clause (d), the following clause shall be inserted, namely:-

"(dd) "Jallikattu" means an event involving bulls conducted with a view

to follow 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, and includes "manjuviratu", "vadamadu" and erudhuvidumvizha."

3. Section 3 of the principal Act shall be re-numbered as sub-section (1) of that section and after sub-section (1) as so re-numbered, the following sub-section shall be added, namely:-

"(2) 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."

4. In section 11 of the principal Act, in sub-section (3), after clause (e),

The following clause shall be added, namely:-

"(f) the conduct of ‘Jallikattu' with a view to follow and promote tradition and culture and ensure preservation of native breed of bulls as also their safety, security and wellbeing."

5. The following proviso shall be added to section 22 of the principal Act, namely:-

"Provided that nothing contained in this section shall apply to conduct of “Jallikattu".

6. In section 27 of the principal Act, after clause (b), the following clause shall be added, namely:-

(c) the conduct of Jallikattu' with a view to follow and promote tradition and culture and ensure survival and continuance of native breeds of bulls.”

7. After section 28 of the principal Act, the following section shall be inserted, namely:-

28-A, Saving in respect of Jallikattu - Nothing contained in this Act

shal apply to ‘Jallikattu’ conducted to follow and promote tradition and culture and such conduct of Jallikattu shall not be an offence under this Act.”

 

CH. VIDYASAGAR RAO,

Governor of Tamil Nadu.

21st January 2017.

 

Explanatory Statement

The Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960) was enacted to prevent the infliction of unnecessary cruelty and suffering on animals. The Act also recognises the need to exempt the application of its provisions in certain circumstances. The Supreme Court of India, in its judgment in Animal Welfare Board of India Vs. A Nagaraja (Civil Appeal No. 5387 of 2014) has found that the conduct of Jallikattu' is violative of the provisions of the Central Act 59 of 1960, particularly, sections 3, 11 and 22 of that Act.

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 Government of Tamil Nadu have decided to exempt the conduct of ‘Jallikattu’ from the provisions of the said Central Act 59 of 1960. Accordingly, the Government have decided to amend the said central Act 59 of 1960 in its application to the State of Tamil Nadu.

The Ordinance seeks to give effect to the above decision

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government-in-charge Law Department.

 

 


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