From Our Bureau
NEW DELHI: A Constitution Bench, headed by Justice K M Joseph, on Thursday fixed hearing from November 22 on a batch of petitions challenging the laws of Tamil Nadu and Maharashtra on the bull-taming sport “Jallikattu” and bullock cart races in Maharashtra. Goa also has interest in the case since it also holds age-old bull fight called “Dhirio.”
The 5-judge Bench, which also comprised Justices Ajay Rastogi, Ahiruddha Bose, Hrishikesh Roy and C T Kumar is hearing a 2018 reference by a bench of Justices Rohinton Fali Nariman and Navin Sinha (both since retired), which had framed five questions for adjudication, afer the Animal Welfare Board of India (AWBI) challenged the Tamil Nadu law paving way for Jallikattu.
Tamil Nadu had contended that Jallikattu was a centuries old custom being practised during Pongal festivities and could not be curbed invoking statutory barriers.
The core question for adjudication by the constitution bench is whether states have the “legislative competence” to make such laws on grounds, including that Jallikattu and bullock cart races fell under the cultural rights enshrined under Article 29(1) and can be protected constitutionally.
Tamil Nadu and Maharashtra had amended the central law, the Prevention of Cruelty to Animals Act, 1960, and allowed Jallikattu and bullock cart races, respectively. Goa’s contention is that its Dhirio bull fight also dates back to 2000 years.
In case of Maharashtra’s bullock cart races, the Supreme Court had given a nod in December 21 to resume them after four years of ban imposed by it.
