Case Analysis On Animal Welfare Board Of India Vs. A. Nagaraja & Ors. (The Jallikattu Judgement)

Arshbir Kaur, B.A.LL.B., Guru Nanak Dev University Regional Campus, Jalandhar, Department of Laws, University Road, Ladhewali, Jalandhar, Punjab

Anhad Bawa, B.A.LL.B., Guru Nanak Dev University Regional Campus, Jalandhar, Department of Laws, University Road, Ladhewali, Jalandhar, Punjab

CITATION: Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547.

COURT: The Supreme Court of India

BENCH

Justice K.S. Radhakrishnan

Justice Pinaki Chandra Ghose

PARTIES

Appellant- Animal Welfare Board of India

Respondent- A. Nagaraja and Others

INTRODUCTION

According to K. Davis, “Customs refer primarily to practices that have often been repeated by multiple generations, practices that tend to be followed simply because they have been followed in the past.”

Customs play a crucial role in all legal systems and are often regarded as the foundation of the legal system and the basis of law. In ancient times, Indian law was primarily based on customs and even during British rule, customs continued to be an important part of Indian law.3 The customs in India are diverse and they can have a profound impact on society and the environment. However, not all customs are legally recognized and some may conflict with ethics and morality. To eliminate such practices from society, the government and judiciary take appropriate measures.

In this particular case, the government and judiciary have taken significant steps to regulate and restrict a specific practice. In such cases, it is important to consider the emotional attachment of the public to avoid any social unrest. The verdict in this case is significant in preserving culture while safeguarding the welfare of animals. This case is another example of the decisions that have pushed for a broader interpretation of the expression "life" and "dignity" under the Constitution. The case recognizes the need to preserve the dignity and well-being of animals as part of the constitutional framework to give a more comprehensive meaning to life and dignity.