The Animal Welfare Board of India & Ors Vs Union of India & Anr|| Parag Chaturvedi and Abhishek Gaurav Verma

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A five-judge constitution bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravikumar on 18.05.2023 upheld the validity of amendments made by Tamil Nadu to the Prevention of Cruelty to Animals Act. This decision cleared the path for the conduct of Jallikattu in the state. The Court stated in its judgment that while Article 21 provides protection to individuals rather than just citizens, it would not be appropriate for the Court to extend this protection to include bulls within its scope. The Court expressed doubts about whether detaining a stray bull against its will could be a valid basis for a habeas corpus writ. Furthermore, the Court emphasized that Article 14 of the Constitution cannot be invoked by animals, and even animal welfare laws must be challenged by humans advocating for animal rights. It clarified that the Court can examine the provisions of animal welfare legislation, but only when brought forward by a human or a juridical person advocating for animal welfare.
The Court responded to arguments that Jallikattu causes unnecessary pain and suffering to bulls for entertainment purposes by explaining that other activities involving animals, such as horse racing, also involve some degree of pain and suffering.

The Court stated that deciding the degree of pain and suffering inflicted on sentient animals should be left to the legislature.

Additionally, the Court upheld laws allowing Kambala and bull cart racing in Karnataka and Maharashtra. It affirmed that these laws do not violate Articles 51A(g) and 51A(h) and, therefore, do not infringe Articles 14 and 21 of the Indian Constitution. The Court declared the amendment acts to be valid legislations and directed strict implementation of these laws by the District

Magistrate and competent authorities. Previously, in May 2014, the Supreme Court had ruled that Jallikattu, as practiced at that time, violated the rights of the animals involved and the Prevention of Cruelty to Animals Act. The Court had also determined that Jallikattu was not a cultural or traditional practice of Tamil Nadu. Consequently, the Tamil Nadu Jallikattu Regulation Act of 2009 was struck down.
In January 2016, the Central government issued a notification exempting Jallikattu and bullock cart races from the PCA Act, which was later challenged in the Supreme Court. Subsequently, the Tamil Nadu government enacted the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017, enabling the conduct of bull-taming sports like Jallikattu.