9911796707
TMI Blog2014 (5) TMI 1121X X X X Extracts X X X X X X X X Extracts X X X X ..... ing and welfare of animals, which is also against the basic natural instinct of the bulls. PCA Act, especially Section 3, coupled with Section 11(1)(m)(ii), as already stated, makes an offence, if any person solely with a view to provide entertainment, incites any animal to fight. Fight can be with an animal or a human being. Section 5 of TNRJ Act envisages a fight between a Bull and Bull tamers, that is, Bull tamer has to fight with the bull and tame it. Such fight is prohibited under Section 11(1)(m)(ii) of PCA Act read with Section 3 of the Act. Hence, there is inconsistency between Section 5 of TNRJ Act and Section 11(1)(m)(ii) of PCA Act. TNRJ Act, in its Objects and Reasons, speaks of ancient culture and tradition and also safety of animals, participants and spectators. PCA Act was enacted at a time when it was noticed that in order to reap maximum gains, the animals were being exploited by human beings, by using coercive methods and by inflicting unnecessary pain. PCA Act was, therefore, passed to prevent infliction of unnecessary pain or suffering and for the well-being and welfare of the animals and to preserve the natural instinct of the animal. Over-powering the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nimal shall not incite any animal to fight against a human being or another animal. 6) AWBI and the Governments would also see that even in cases where Section 11(3) is involved, the animals be not put to unnecessary pain and suffering and adequate and scientific methods be adopted to achieve the same. 7) AWBI and the Governments should take steps to impart education in relation to human treatment of animals in accordance with Section 9(k) inculcating the spirit of Articles 51A(g) & (h) of the Constitution. 8) Parliament is expected to make proper amendment of the PCA Act to provide an effective deterrent to achieve the object and purpose of the Act and for violation of Section 11, adequate penalties and punishments should be imposed. 9) Parliament, it is expected, would elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honour. 10) The Governments would see that if the provisions of the PCA Act and the declarations and the directions issued by this Court are not properly and effectively complied with, disciplinary action be taken against the erring officials so that the pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. 4. ABWI, a statutory Board, established under Section 4 of the PCA Act for the promotion of animal welfare and for the purpose of protecting the animals from being subjected to unnecessary pain or suffering has taken up a specific stand that Jallikattu, Bull/Bullock-cart races etc., as such, conducted in the States of Tamil Nadu and Maharashtra respectively, inherently violate the provisions of the PCA Act, particularly, Section 3, Sections 11(1)(a) (m) and Section 22 of the PCA Act. ABWI, through its reports, affidavits and photographs, high-lighted the manner in which Jallikattu is being conducted, especially in the Southern Part of the State of Tamil Nadu, and how the bulls involved are physically and mentally tortured for human pleasure and enjoyment. Details have also been furnished by the 2nd respondent, in SLP No. 13199 of 2012, along with photographs explaining how the Bullock-cart race is being conducted in various parts of the State of Maharashtra and the torture and cruelty meted out to the bullocks. ABWI has taken up the stand that, by no stretch of imagination, it can be gainsaid that Jallikattu or Bullock-cart race conducted, as such, has any historical, cultu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and not completely prohibited and the State of Tamil Nadu has already enacted the TNRJ Act, which takes care of the apprehensions expressed by the Board. 6. The State of Tamil Nadu has also taken up the stand that every effort shall be made to see that bulls are not subjected to any cruelty so as to violate the provisions of the PCA Act and the sport event can be regulated as per the provisions of the TNRJ Act. Further, it was also pointed out that the bulls taking part in the Jallikattu, Bullock-cart Race etc. are specifically identified, trained, nourished for the purpose of the said sport event and owners of Bulls spend considerable money for training, maintenance and upkeep of the bulls. Further, the State has also taken up the stand that the Bulls are performing animals , and since there is no sale of tickets in the events conducted, Section 22 will not apply, so also the notification dated 11.7.2011. State has also taken up the stand that complete ban on such races would not be in public interest which is being conducted after harvest season and sometimes during temple festivals as well. The State of Maharashtra has not challenged the judgment of the Bombay High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s observed, carry out a flight response, indicating both fear and pain and suffering. Shri Panjwani made considerable stress on the words or otherwise in Section 11(1)(a) and submitted that any act which inflicts unnecessary pain or suffering on an animal is prohibited unless it is specifically permitted under any of the provisions of PCA Act or the rules made thereunder. Shri Panjwani also submitted that since the event Jallikattu, as such, is an offence under Section 11(1)(a), through a State Act, it can neither be permitted nor regulated and hence the State Act is void under Article 245(1) of the Constitution, in the absence of any Presidential Assent. 10. Shri Rakesh Dwivedi, learned senior counsel appearing for State of Tamil Nadu, referring to Section 11(3) of PCA Act, submitted that the Act does not prohibit the infliction of all forms of pain or suffering on animals and hence Section 11(1)(a) has to be read and understood in that context. Referring to Sections 11(1)(a), (g), (h), (j), (m) and (n), learned senior counsel submitted that the expression unnecessary pain or suffering is not used in those clauses and hence the events like Jallikattu, which do not cause tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen exposed to a perceived threat. Bulls are more likely to flee than fight, and in most cases they fight, when agitated. 14. Bulls usually stand to graze and pattern of grazing behavior of each herd member is relatively similar, which moves slowly across the pasture with the muzzle close to the ground and they ruminate resting. Bull is known to be having resting behavior and will avoid source of noise and disturbance and choose non-habitual resting sites if the preferred ones are close to the noise or disturbance, which is the natural instinct of the Bull. Study conducted also disclosed that Bulls have long memories. Factors mentioned above are the natural instincts of Bulls. 15. Bulls, as already indicated, accordingly to the animal behavior studies, adopt flight or fight response, when they are frightened or threatened and this instinctual response to a perceived threat is what is being exploited in Jallikattu or Bullock-cart races. During Jallikattu, many animals are observed to engage in a flight response as they try to run away from arena when they experience fear or pain, but cannot do this, since the area is completely enclosed. Jallikattu demonstrates a link between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted to extreme cruelty and unmitigated suffering. All the acts of cruelty to animals detailed in the below observations contravene the orders of the Supreme Court of India and Madurai High Court, which mandate that bulls should not be harmed or tortured in any way. Such animal abuse is also in violation of numerous clauses of section 11(1) of The Prevention of Cruelty to Animals Act, 1960. II. Welfare Implications and Violations of the Law 1. Ear Cutting/Mutilation At least 80 per cent of the bulls observed had their ears cut, with three-fourths of the external ear pinna absent. When asked about the reason for the mutilation, many bull owners explained that by cutting the ear, the animal would be able to hear sounds even from the back, which they deemed to be very important while the animals are in the jallikattu arena. Welfare Concerns Cutting the external ear in no way helps to improve a bull s hearing. Instead, the bull loses his natural ability to receive sounds signals with appropriate positioning and movement of the ear pinna. Cutting the ear causes intense pain and distress as the external ear pinna consists of cartilage and is highly vascular with a rich nerve sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so suffer from chronic pain as well as mental trauma brought on by the injury and the handlers and bull tamers cruel treatment. Violation Section 11(1)(a) of The Prevention of Cruelty to Animals Act, 1960, prohibits treating any animal in a way that causes unnecessary pain or suffering. III. Cruel Practices and Violations of the Law 1. Biting a Bull s Tail On many occasions, bulls tails bitten by the organizers and owners of the animals in the waiting area and inside the vadi vassal. The vadi vassal is a chamber that is closed off from public view. Abuse runs rampant in vadi vasals. Bulls are poked, beaten and deliberately agitated before they are forced into the jallikattu arena, where more than 30 bull tamers are waiting. Welfare Concerns Considered an extremity of the body, a bull s tail has many vertebrae but very little muscle or subcutaneous tissue to protect it. Any direct pressure or injury to the tail bones causes extreme pain that sends bulls into a frenzy. Violation Section 11(1)(a) of The Prevention of Cruelty to Animals Act, 1960, prohibits treating any animal in a way that causes unnecessary pain or suffering. 2. Twisting a Bull s Tail Owners routinely b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1960, which prohibits treating any animal in a way that causes unnecessary pain or suffering. It also violates section 11(1)(c), which prohibits the willful and unreasonable administration of any injurious drug or substance to any animal. 5. Using Nose Ropes Nose ropes were frequently pulled, yanked or tightened in order to control bulls before they were released into arenas and collection yards. Some animals were even bleeding from the nose as a result of injuries caused by pulling the rope. Welfare Concerns Pulling or twisting the nose rope exerts pressure on the nerve-rich and extremely sensitive septum, causing bulls pain and making it easier for handlers to force them to move in a desired direction. According to one study, 47 per cent of animals whose noses were pierced had lacerations and ulcerations, and 56 per cent had pus in their nostrils. They study also pointed out that 57 per cent of cattle had extensive and severe nose injuries. Violation Section 11(1)(a) of The Prevention of Cruelty to Animals Act, 1960, prohibits treating any animal in a way that causes unnecessary pain or suffering. 6. Cramped Conditions Bulls were packed so tightly into narrow waiting corr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... azing or eating again. During jallikattu, the animals are starved and prevented from chewing their cud (they won t do it when they are frightened or in pain distress). No intake of food and water and the absence of shade lead to dehydration and exhaustion. This often results in injuries or death. Violation This is a violation of section 11(1)(a) of The Prevention of Cruelty to Animals Act, 1960, which prohibits treating any animal in a way that causes unnecessary pain or suffering, and section 11(1)(h), which states that failing to provide animals with sufficient food, drink or shelter is an act of cruelty. 9. Forcing Bulls to Drink Liquids On many occasions, bulls were forced to drink fluids that were likely liquor. Animals heads were raised by pulling on the nose ropes, and the fluids were forced into their mouths using a plastic bottle. Welfare Concerns Forcing bulls to drink causes them physical discomfort and fear. They often become excited and frenzied as the alcohol affects their central nervous system. Forcing them to drink can also cause the aspiration of fluid in the upper and lower respiratory tracts (lungs). This can cause pneumonia, a serious respiratory disease th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e species, such as grazing, chewing cud, lying down or grooming. None of these types of behavior were seen at any point during any of the jallikattu events. Jallikattu causes bulls severe mental and physical anguish. When bulls are frightened or in pain, they adopt a flight response that can often lead to serious physical injuries and even death. Near the collection area, the spectators didn t allow the bulls to calm down and relax they instead induced further fear, distress, discomfort and pain. Violation This is a violation of section 11(1)(a) of The Prevention of Cruelty to Animals Act, 1960, which states that beating, kicking, torturing or otherwise treating any animal so as to subject the animal to unnecessary pain or suffering is an act of cruelty. 12. Restraining and Roping When bulls entered the collection yard, they were caught using looped rope that was attached to a long stick. At no point were the frightened bulls allowed to calm down. After a long struggle, bulls were captured by handlers who inserted two fingers into their noses and pulled them to the nearest tree while three to four men held their horns and necks using multiple ropes. Once an animal was tied to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erately exploited by jallikattu organizers. During jallikatt, many animals are observed to engage in a flight response as they run away from people when they experience pain or fear. This flight response is not surprising, given the amount of pain and terror bulls are subjected to before, during and after jallikattu. Bulls are beaten, poked, prodded, harassed and jumped on by numerous people. They have their tails bitten and twisted and their eyes and noses filled with irritating chemicals. Many peer-reviewed papers demonstrate a link between the actions of humans and the fear, distress and pain experienced by animals. Research has shown that rough or abusive handling of animals compromises welfare by increasing an animal s fear of humans. Bulls who are pushed, hit, prodded and abused in jallikattu suffer mentally as well as physically. Detailed Reports on Jallikattu in Avaniapuram, Palamedu and Alanganallur The cruelty and animal abuse detailed below in sections A, B and C also violate the Prevention of Cruelty to Animals Act, 1960. Observations of three jallikattu locations have been grouped broadly under four categories: Avaniapuram 14 January 2013 Waiting Area ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction area, one bull lost his life after a head-on collision with a moving passenger bus. 2. Palamedu 15 January 2013 Waiting Area The bulls were forced to move sideways for hours as they inched closer to the vadi vasal. This sideways gait is unnatural and uncomfortable to them. Even though there were water troughs near the medical examination area, bulls were not allowed to drink water because the owners did not want to lose their place in line. There was no food or fodder for the bulls who were forced to stand in line the night before the event. The bulls in line defecated constantly, which is a sign of fear. The ears of almost all the bulls were cut and mutilated. Several bulls in line were dragged by their tails. Owners dragged bulls around by inserting their fingers into bulls noses and pulling them. Bulls were forcibly beaten, pushed and pulled into the vadi vasal. The reluctant bulls had their tails painfully twisted, broken and bitten. These abusive practices, though common, were particularly rampant in Palamedu. Bulls were hit and poked with wooden sticks. One of the organiser s sole duty was to force bulls into the vadi vasal by striking and proddi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dry river beds. One bull who was being chased and beaten by a mob jumped into a field and fractured his font leg. It took 90 minutes for the suffering animal to receive medical attention proving that having ambulances on standby is of no use. Several bulls trampled the metal barricades and ran into residential homes and bylanes. One bull entered a house.Another bull plunged into a sewage drain that was more than 10 feet below the road.Several young people were injured when bulls trampled them on the streets. 4. Alanganallur 16th January 2013 Waiting Area waiting area had long lines. No shade or fodder was supplied to the bulls. The breaking, twisting and biting of bulls tails was rampant in the line. One person s sole job was to force bulls into the vadi vasal by beating them with sticks. Bull owners were seen rubbing suspicious liquids int the eyes of bulls moments before the bulls were taken inside the vadi vasal. Vadi Vasal The vadi vasal at Alanganallur was no different from those in previous jallikattu locations. Bulls were subjected to barbaric cruelty inside the enclosure, which was shielded from public view Organisers armed with sticks perched inside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... large section of people come to the events with a hope-expectation that they are also a part of the action, which indeed has been a way of Jallikattu always. Such people continue to handle bulls in crude fashion, continue to risk their own lives and create hazard for themselves and others and they undo whatever the system has built as check and balance. Queuing of bulls The most stressful time for the animals is the long wait, particularly when events are back to back. The same animals participate in many events and travel to new events every day. No animal has the possibility of basic shelter from sun and wind, food or water while it awaits its turn. The situation in all districts remain the same as it was last year. Between 200 to 400 bulls come to the venue but the facility of pens and shelter are symbolic, holding at the most 10-12 animals. These poster boys are shown as how well bulls were treated. However, in reality they are not even a fraction of the bulls that participate. The bull are held tightly by their ropes. There is no possibility to move even an inch. The bull that cannot even lower hold itself to its natural position, it is held up tightly that is how it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utside the Arena: What has changed Registered bulls marked in five out of six venues (not so in Previyasuriyal). Symbolic testing done for alcohol (actual testing done in Previyasuriya, rest of the places the test was just a cover up). Obvious and visible forms of cruelty disallowed in public view. The double barricades were less porous and so it was not easy for unruly people to enter arena. (not so in Siravayal) Everything else, the issues highlighted in the report in 2011 remain active 1. Queuing of animals and holding them in unnatural position for hours without food and water. 2. In the secluded and enclosed area, all forms of animal abuse. 3. The animals are invariably not going into the yard but onto the street, groves, cluttered vegetation, dry canals and other free-for- all areas, all misnamed as yards. 4. Animals running out the yard to escape brutality straying into the streets of the village. 5. Jallikattu barricades punctured at certain points or that they being open at one end leading to non participants indulging in the same kind of cruelty that were seen last year. 6. A complete parallel set of jallikattus happening with the crowd as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Maharashtra, the situation is the same and no action is being taken by the District Collectors, Police Officials and others, who are in-charge to control the same, to see that those directions are properly and effectively complied with and the animals are not being subjected to torture and cruelty. Being dumb and helpless, they suffer in silence. 22. We notice, following the Central Government notification dated 11.7.2011, the Committee constituted in the State of Maharashtra to monitor animal welfare laws in the State, submitted a letter dated 1.8.2011 to the then Chief Minister, with specific reference to the notification dated 11.7.2011, stating as follows: Now that the exhibition and training as performing animals of bulls also is prohibited, bullocks cart races which are very widely organized in the State become illegal. During the month of Shravan, many such races are organized in the rural parts of the State and these must be stopped in compliance with the above notification. We, therefore, request you to issue instructions through the Collectors all over the State, prohibiting such bullock cart races with immediate effect. This issue has been agitated in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uded but not in State Government, the State Government issued a corrigendum by prohibiting bulls instead of bullock in State Govt. list too. In this regard, the corrigendum of the State Government was issued on 12.9.2011. But by opposing this corrigendum of State Government, above referred No.1, and No.2 cases were filed in the Hon ble High Court, Mumbai. In accordance with the judgment given by the Hon ble High Court, Mumbai in those cases, to the State Government issued abovementioned circular Nos.4 and 5 are superseded now and the government decision in this regard is now being issued as under:- GOVERNMENT S DECISION: In compliance of Central Govt. s Department of Forest and Environment Departmental Notification dated 11.7.2011 and also in the light of relevant judgment pronounced by Hon ble High Court, Mumbai Bullock Cart Race, Bullock Race/ Bull Fight/ training of bull / Bullock / Ox for such race, fights / using them for any animal sport activities is being prohibited herewith now. In accordance with letter dated 7.10.2011 of Central Government, Bamboo Cart / Cart / Ox / Cow / Calf etc., are also increased in the broader sense of technical definitions of Bulls proh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d welfare legislation are not defeated by subtle devices. Court has got the duty that, in every case, where ingenuity is expanded to avoid welfare legislations, to get behind the smoke-screen and discover the true state of affairs. Court can go behind the form and see the substance of the devise for which it has to pierce the veil and examine whether the guidelines or the regulations are framed so as to achieve some other purpose than the welfare of the animals. Regulations or guidelines, whether statutory or otherwise, if they purport to dilute or defeat the welfare legislation and the constitutional principles, Court should not hesitate to strike them down so as to achieve the ultimate object and purpose of the welfare legislation. Court has also a duty under the doctrine of parents patriae to take care of the rights of animals, since they are unable to take care of themselves as against human beings. 27. The PCA Act, as already indicated, was enacted to prevent the infliction of unnecessary pain, suffering or cruelty on animals. Section 3 of the Act deals with duties of persons having charge of animals, which is mandatory in nature and hence confer corresponding rights on ani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the person-in-charge or care of the animals looks after their well-being. We have no hesitation to say that Jallikattu /Bullock- cart race, as such, is not for the well-being of the animal and, by undertaking such events, organizers are clearly violating the first limb of Section 3 of the PCA Act. 28. We will now examine whether the second limb of Section 3 which casts a duty on the person in-charge or care of animal to prevent the infliction upon an animal, unnecessary pain or suffering, discharges that duty. Considerations, which are relevant to determine whether the suffering is unnecessary, include whether the suffering could have reasonably been avoided or reduced, whether the conduct which caused the suffering was in compliance with any relevant enactment. Another aspect to be examined is whether the conduct causing the suffering was for a legitimate purpose, such as, the purpose for benefiting the animals or the purpose of protecting a person, property or another animal etc. Duty is to prevent the infliction of unnecessary pain or suffering, meaning thereby, no right is conferred to inflict necessary/unnecessary pain or suffering on the animals. By organizing Jallikat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fails to provide such animal with sufficient food, drink or shelter; or i) xxx xxx xxx j) xxx xxx xxx k) xxx xxx xxx l) mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner; or; (2) For the purposes of sub-section (1), an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence: Provided that where an owner is convicted of permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine. (3) Section 11(1)(a) uses the expressions or otherwise , unnecessary pain or suffering etc. Beating, kicking etc. go with the event so also torture, if the report submitted by AWBI is accepted. Even otherwise, according to AWBI, the expression or otherwise takes in Jallikattu, Bullock-cart race etc. but, according to the State of Tamil Nadu, that expression has to be understood applying the doctrine of ejusdem generis . In our view, the expression or otherwise is not us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he dehorning of cattle, or the castration or branding or nose- roping of any animal, in the prescribed manner; or (b) the destruction of stray dogs in lethal chambers or by such other methods as may be prescribed; or (c) the extermination or destruction of any animal under the authority of any law for the time being in force; or (d) any matter dealt with in Chapter IV; or (e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering. Exceptions are incorporated based on the doctrine of necessity . Clause (b) to Section 11(3) deals with the destruction of stray dogs, out of necessity, otherwise, it would be harmful to human beings. Clause (d) to Section 11(3) deals with matters dealt with in Chapter IV, incorporated out of necessity, which deals with the experimentation on animals, which is for the purpose of advancement by new discovery of physiological knowledge or of knowledge which would be useful for saving or for prolonging life or alleviating suffering or for combating any dise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... means an animal used for pulling heavy loads. Rules define large bullock to mean a bullock the weight of which exceeds 350 Kgs. Bullocks have a large abdomen and thorax and the entire body has a resemblance to a barrel shape, which limits ability to run. Bulls have also limitations on flexing joins and the rigid heavily built body and limited flexion of joints do not favour running faster. Due to that body constitution, the Prevention of Cruelty to Animals (Transportation of Animals on Foot) Rules, 2001, especially Rule 11 says that no person shall use a whip or a stick in order to force the animal to walk or to hasten the pace of their walk. Bulls, it may be noted, are cloven footed (two digits) animals and two digits in each leg can comfortably bear weight only when they are walking, not running. Horse, on the other hand, is a solid hoofed plant-eating quadruped with a flowing mane and tail, domesticated for riding and as a draught animal. Horse power, we call it as an imperial unit of power, equal to 550 foot-pounds per second. Horse s anatomy enables it to make use of speed and can be usefully used for horse racing etc., unlike Bulls. 34. Bulls, therefore, in our view, canno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may, in this respect, refer to Section 11(1)(m) which reads as follows: 11. Treating animals cruelty.- (1) If any person- xxx xxx xxx xxx xxx xxx m) solely with a view to providing entertainment- i) confines or causes to be confined any animal (including tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; or ii) incites any animal to fight or bait any other animal; or. Section 11(1)(m)(ii), therefore, says, if any person, solely with a view to providing entertainment incites any animal to fight, shall be punishable under the proviso to Section 11(1). In Jallikattu, Bull is expected to fight with various Bull tamers, for which it is incited solely to provide entertainment for the spectators by sale of tickets or otherwise. Inciting the Bull to fight with another animal or human being matters little, so far as the Bull is concerned, it is a fight, hence, cruelty. Jallikattu, Bullock-cart Race, therefore, violate not only Sections, 3, 11(1)(a) (m) and Section 22, but also the notification dated 11.7.2011 issued by the Central Government under Section 22(ii) of the PCA Act. 38. We may, in this co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated in the affidavit that: I also affirm on behalf of the Answering Respondent that seeking to regulate a barbaric event involving unnecessary pain and suffering for the animals forced to participate in the same cannot legalize or confer legitimacy upon the event. Moreover, that the Tamil Nadu Regulation of Jallikattu Act 2009 is ultra vires the Constitution of India, and repugnant to the provisions of the Prevention of Cruelty to Animals Act. Note referred to above also made a reference to the Madras High Court judgment pointing out that Jallikattu and other related events are exhibition of performance of trained animals, permitted under Chapter V of PCA Act. Noticing all those aspects, especially taking note of the stand of AWBI, it recommended that all such events be stopped, especially Bulls as performing animals under Section 22 of PCA Act, similar to the ban already introduced in the case of Bears, Tigers etc. 40. Stand of the Animal Welfare Division of MoEF and AWBI was accepted by the Central Government (MoEF) and a notification dated 11.7.2011 was issued, which was also gazetted on the same date, including Bull also in the category of banned animals. Power is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, on the other hand, Tamil tradition and culture are to worship the bull and the bull is always considered as the vehicle of Lord Shiva. Yeru Thazhuvu, in Tamil tradition, is to embrace bulls and not over-powering the bull, to show human bravery. Jallikattu means, silver or gold coins tied to the bulls horns and in olden days those who get at the money to the bulls horns would marry the daughter of the owner. Jallikattu or the bullock cart race, as practised now, has never been the tradition or culture of Tamil Nadu. 43. PCA Act, a welfare legislation, in our view, over-shadows or overrides the so-called tradition and culture. Jallikattu and Bullock cart races, the manner in which they are conducted, have no support of Tamil tradition or culture. Assuming, it has been in vogue for quite some time, in our view, the same should give way to the welfare legislation, like the PCA Act which has been enacted to prevent infliction of unnecess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mals. United Nations, all these years, safeguarded only the rights of human beings, not the rights of other species like animals, ignoring the fact that many of them, including Bulls, are sacrificing their lives to alleviate human suffering, combating diseases and as food for human consumption. International community should hang their head in shame, for not recognizing their rights all these ages, a species which served the humanity from the time of Adam and Eve. Of course, there has been a slow but observable shift from the anthropocentric approach to a more nature s right centric approach in International Environmental Law, Animal Welfare Laws etc. Environmentalist noticed three stages in the development of international environmental law instrument, which are as under: (a) The First Stage: Human self-interest reason for environmental protection The instruments in this stage were fueled by the recognition that the conservation of nature was in the common interest of all mankind. Some the instruments executed during this time included the Declaration of the Protection of Birds Useful to Agriculture (1875), Convention Designed to Ensure the Protection of Various Species o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 34. 49. Based on eco-centric principles, rights of animals have been recognized in various countries. Protection of animals has been guaranteed by the Constitution of Germany by way of an amendment in 2002 when the words and the animals were added to the constitutional clauses that obliges state to respect animal dignity . Therefore, the dignity of the animals is constitutionally recognised in that country. German Animal Welfare Law, especially Article 3 provides far-reaching protections to animals including inter alia from animals fight and other activities which may result in the pain, suffering and harm for the animals. Countries like Switzerland, Austria, Slovenia have enacted legislations to include animal welfare in their national Constitutions so as to balance the animal owners fundamental rights to property and the animals interest in freedom from unnecessary suffering or pain, damage and fear. 50. Animals Welfare Act of 2006 (U.K.) also confers considerable protection to the animals from pain and suffering. The Austrian Federal Animal Protection Act also recognises man s responsibilities towards his fellow creatures and the subject Federal Act aims at the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idelines of OIE, recognizes five internationally recognized freedoms for animals, such as: i) freedom from hunger, thirst and malnutrition; ii) freedom from fear and distress; iii) freedom from physical and thermal discomfort; iv) freedom from pain, injury and disease; and v) freedom to express normal patterns of behaviour. Food and Agricultural Organisation (FAO) in its Legislative and Regulatory Options for Animal Welfare indicated that these five freedoms found their place in Farm Welfare Council 2009 U.K. and is also called Brambell s Five Freedoms. These five freedoms, as already indicated, are considered to be the fundamental principles of animal welfare and we can say that these freedoms find a place in Sections 3 and 11 of PCA Act and they are for animals like the rights guaranteed to the citizens of this country under Part III of the Constitution of India. 55. Animals are world-wide legally recognised as property that can be possessed by humans. On deletion of Article 19(1)(f) from the Indian Constitution, right to property is more a fundamental right in India, this gives the Parliament more a leeway to pass laws protecting the rights of animals. R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hanging Attitudes towards Speciesism (Oxford: Basil Blackwell, 1989), Animal Welfare and the Environment (London: Gerald Duckworth, 1992) etc. Oxford English Dictionary defines the term as the assumption of human superiority over other creatures, leading to the exploitation of animals . Speciesism is also described as the widespread discrimination that is practised by man against the other species, that is a prejudice or attitude of bias towards the interest of members of one s own species and against those of members of other species. Speciesism as a concept used to be compared with Racism and Sexism on the ground that all those refer to discrimination that tend to promote or encourage domination and exploitation of members of one group by another. One school of thought is that Castism, Racism and Sexism are biological classification, since they are concerned with physical characteristics, such as, discrimination on the ground of caste, creed, religion, colour of the skin, reproductive role etc. rather than with physical properties, such as the capacity for being harmed or benefited. 60. We have got over those inequalities like Castism, Racism, Sexism etc. through Constitution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, in their work on Animals in Translation say: The single worst thing you can do to an animal emotionally is to make it feel afraid. Fear is so bad for animals I think it is worse than pain. I always get surprised looks when I say this. If you gave most people a choice between intense pain and intense fear, they d probably pick fear. Both anxiety and fear, therefore, play an important role in animal suffering, which is part and parcel of the events like Jallikattu, Bullock- cart Race etc. RIGHT TO LIFE: 62. Every species has a right to life and security, subject to the law of the land, which includes depriving its life, out of human necessity. Article 21 of the Constitution, while safeguarding the rights of humans, protects life and the word life has been given an expanded definition and any disturbance from the basic environment which includes all forms of life, including animal life, which are necessary for human life, fall within the meaning of Article 21 of the Constitution. So far as animals are concerned, in our view, life means something more than mere survival or existence or instrumental value for human-beings, but to lead a life with some intrinsic wort ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the so-called performance without being exhausted, injured, tortured or humiliated. Bulls are also intentionally subjected to fear, injury both mentally and physically and put to unnecessary stress and strain for human pleasure and enjoyment, that too, a species totally dedicated its life for human benefit, out of necessity. 64. We are, therefore, of the view that Sections 21, 22 of the PCA Act and the relevant provisions have to be understood in the light of the rights conferred on animals under Section 3, read with Sections 11(1)(a) (o) and Articles 51A(g) and (h) of the Constitution, and if so read, in our view, Bulls cannot be used as a Performing Animals for Jallikattu and Bullock-cart Race, since they are basically draught and pack animals, not anatomically designed for such performances. REPUGNANCY: 65. We may now examine whether provisions of the TNRJ Act, which is a State Act, is repugnant to the PCA Act, which is a Central Act, since, both the Acts fall under Entry No. 17 in the Concurrent List. Repugnancy between the Parliamentary Legislation and State Legislation arises in two ways: i) Where the legislations, though enacted with respect to the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent legislature of superior efficacy, expressly or impliedly, evinces by the State legislation a clear intention to cover the whole field and the enactment of the other legislature, passed before or after, would be over-borne on the ground of repugnancy. 69. We may, bearing in mind the above principles, examine whether there is any repugnancy between PCA Act and TNRJ Act so as to have inconsistent and inconceivable provisions so that they cannot stand together or operate in the same field. Both the legislators trace their legislative power in Entry 17 List III. Prevention of Cruelty to animals. 70. We have to examine whether while enacting the PCA Act, the Parliament has evinced its intention to cover the whole field. To examine the same, we have to refer to the Statement of Objects of the Act, Preamble and other relevant statutory provisions, which would indicate that the Parliament wanted a comprehensive act with the object of promoting message of animal welfare and for preventing cruelty to the animals. The Statement of Objects and Reasons of the Act reads as follows: Statement of Objects and Reasons The Committee for the prevention of cruelty to animals appointed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section (3) on the doctrine of necessity, which concept we have already dealt with in the earlier part of the judgment. Section 22 of PCA Act, which deals with performing animals , has to be read along with Sections 3, 11(1), 11(3) of the Act and that expects only the animal to perform in an exhibition and Bull tamers have no role unlike TNRJ Act. Sections 21 and 22 refer to training of animals for performance and not training to withstand the onslaught of Bull tamers. Sections 3, 11 or 22 do not confer any right on the human beings to over-power the animals while it is performing, on the other hand, under Section 11(m), inciting an animal to fight is an offence. 72. Section 38 of the PCA Act confers rule-making powers on the Central Government and, in exercise of its rule-making powers, the Central Government made the Performing Animal Rules, 1973 and the Performing Animals (Registration) Rules, 2001 and thrust of all the substantive and procedural provisions is the welfare and well-being of the animal and the duties and obligations of the persons who are in-charge of the animals and also to safeguard the rights conferred on the animals. Rule 8(vii) specifically refers to anim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f AWBI during the conduct of the event. Section 7 deals with penalty, it says whoever contravenes the provisions of this Act shall, on conviction, be punishable with imprisonment which may extend to one year or with fine, which may extend to ₹ 10,000/-, or with both . Section 11 of PCA Act, it may be noted, provides for imprisonment for a term which may extend maximum to three months, to that extent, there is inconsistency between Section 7 of the TNRJ Act as well as Section 11 of the PCA Act. 74. Section 2(d) of the PCA Act speaks of domestic animal and taming the animal for use of men, which is evidently for domestic use, being domestic animal, not for entertainment or amusement. Section 11(3), as already stated, excludes five categories of cases from Section 11 due to necessity and Section 28 speaks of killing of animal in a manner required by the religion of any community. Section 22 of the Act speaks of performing animal, meaning thereby, exhibition and training only for performance of the animal. The PCA Act does not speak of taming of animals (over-powering animals). Taming of animal for domestic use and taming of animal for exhibition or entertainment are enti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... collision with Section 3, Section 11(1)(a), 11(1)(m)(ii) and Section 22 of the PCA Act read with Articles 51A(g) (h) of the Constitution and hence repugnant to the PCA Act, which is a welfare legislation and hence declared unconstitutional and void, being violative of Article 254(1) of the Constitution of India. 77. We, therefore, hold that AWBI is right in its stand that Jallikattu, Bullock-cart Race and such events per se violate Sections 3, 11(1)(a) and 11(1)(m)(ii) of PCA Act and hence we uphold the notification dated 11.7.2011 issued by the Central Government, consequently, Bulls cannot be used as performing animals, either for the Jallikattu events or Bullock- cart Races in the State of Tamil Nadu, Maharashtra or elsewhere in the country. We, therefore, make the following declarations and directions: 1) We declare that the rights guaranteed to the Bulls under Sections 3 and 11 of PCA Act read with Articles 51A(g) (h) are cannot be taken away or curtailed, except under Sections 11(3) and 28 of PCA Act. 2) We declare that the five freedoms, referred to earlier be read into Sections 3 and 11 of PCA Act, be protected and safeguarded by the States, Central Government ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
