Supreme Court rejects TN’s plea to defer hearing petitions against jallikattu and bullock cart races

BySouth First Desk

Published Nov 16, 2022 | 8:40 PMUpdatedNov 16, 2022 | 8:43 PM

Are Jallikattu and bullock-cart races protected under Article 29 (1) of the Constitution as a cultural right? (Wikimedia Commons)

The Supreme Court on Wednesday, 16 November, rejected a plea to defer the hearing on petitions challenging Tamil Nadu and Maharashtra’s amended laws allowing jallikattu, a traditional bull-taming sport, and bullock cart races.

Senior Advocate representing the Tamil Nadu government had appealed to the court to hear the petitions after the winter vacation. The division bench of Justices KM Joseph and Hrishikesh Roy refused to entertain the plea.

The court will take the case for a hearing on November 23.

Advocate Dwivedi made the deferment request saying a compilation in the case has not yet been completed.

While rejecting the plea, Justice Joseph noted that jallikattu is held in January during the Pongal festival, and told the advocate to file compilations.

A five-judge constitution bench had on September 29 scheduled the hearing on petitions against jallikattu for 23 November.

The bench, comprising Justice KM Joseph, Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice CT Ravikumar, was hearing a batch of petitions challenging the laws that allow jallikattu and bullock cart races.

Tamil Nadu and Maharashtra had amended the Prevention of Cruelty to Animals Act, 1960, to allow jallikattu and bullock cart races, respectively.

A bench of now-retired Justices Rohinton Fali Nariman and Navin Sinha had referred the case to the constitution bench in 2018. Five questions for adjudication by the larger bench were also framed.

The questions included if the state has the “legislative competence” to make such laws on events falling under the cultural rights enshrined under Article 29(1).

The case was then filed by the Animal Welfare Board of India, challenging the Tamil Nadu law that allowed jallikattu.

Tamil Nadu has been arguing that jallikattu was a centuries-old custom and hence should be allowed to continue.