Ishan Ranjan, BA LLB, Christ (Deemed To Be University), Bengaluru
CITATION: SCC OnLine SC 661
BENCH: Justice K.M. Joseph, Justice Ajay Rastogi,Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice C.T. Ravikumar, JJ.
JUDGEMENT: 18 May 2023
INTRODUCTION
The Prevention of Cruelty to Animals Act, 1960, was amended by the states of Tamil Nadu, Maharashtra, and Karnataka in the year 2017. These amendments allowed the legal practise of animal sports involving bulls such as Jallikattu, Bailgada Sharyat, and Kambala of the respective states. The Supreme Court of India upheld the constitutional validity of these Amendments in the landmark case of ‘Animal Welfare Board of India and Ors v. Union of India and Anor.’ A Constitutional Bench led by Justice K.M. Joseph heard the case over the course of six days in November and December 2022. The unanimous judgement was authored by Justice Aniruddha Bose. Despite Congress and PETA's relentless attempts to outlaw the cultural sport, the Supreme Court's decision represents the culmination of a 17-year battle and a victory for Tamil cultural heritage. The Supreme Court’s decision depicts a critical and pivotal role in the evolution of animal rights in India. The Court through this decision, overruled the ban put on Jallikattu and other animal sports of the fashion in the year 2014 in the infamous A. Nagaraja case1, thus comparing culture and tradition, and the rights of animals as established under the welfare legislation of PCA,1960. The case stands of utmost importance as it aims to resolve a conflict between cultural heritage and tradition on one hand and animal cruelty and rights of animals on the other.
