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Madras High Court has directed the Tamil Nadu State Government to allow only native breeds of bulls to participate in Jallikattu events. Court also held that the imported or hybrid bulls are ‘not fit’ for participating in the event.
The Bench of Justice N. Kirubakaran (since retired) and Justice P. Velmurugan was hearing a plea that insisted that in events such as Jallikattu, Manjuvirattu, etc, only native bulls alone should be allowed to participate.
The petition was filed by a resident of Chennai who lamented the loss of native species. The Petitioner’s counsel contended before the court that western varieties of cattle and crossbreeds of cattle either do not have humps or have tiny humps which are also not aligned to their front legs.
Perusing material placed on record, the court noted that the native breeds have got huge hump which is necessary for the tamers to hold on during ‘Jallikattu’ whereas the hump is not grown and available in the hybrids or imported bulls.
Therefore, the court held that imported or hybrid bulls were not fit for the event.
The judges also ordered that the cows participating in the Jallikkat should be certified as country cows by the veterinarians and if false certificates are issued, the contempt of court proceedings can be taken against involved persons.
Court also took note of the concerns expressed by the petitioner regarding the thinning population of native bulls in the State. Court directed the State government to encourage bull owners and farmers to groom native breeds.
Court remarked that Pongal Festival is losing its originality as the native bulls are fast disappearing from the village. Court said that hundreds of bulls were used to get paraded to the yards in each village during the festival, however, the numbers have thinned now.
Therefore, the Court directed the State Government to encourage farmers who groom native bulls by providing subsidy or incentives.
It is to be noted here that following the across State protest in Tamil Nadu against the Apex Court's order to ban Jallikattu, The Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 was enacted by the State Government with the primary objective of preserving native breeds and their significance in the State Festival.
Pointing out provisions of the Act, the held that the 2017 Act itself is intended for the preservation of native bulls for the purpose of Jallikattu, therefore, there is no room for hybrids or imported bulls to participate in the event.
Court said that if hybrids or imported bulls are allowed in Jallikattu, it will be in violation of the Act of 2017 and will have no sanction of Law.
The Bench also ordered that the government should avoid artificial insemination of animals as far as possible since it would deny mating rights of animals and would amount to cruelty under the provisions of the Prevention of Cruelty to Animals Act of 1960.
(Case Title:E Seshan v. The Secretary, The Department of Law Government of Tamil Nadu and ors)
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