On Thursday, a Supreme Court constitutional bench comprised of Justice KM Joseph and Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravi Kumar began hearing a batch of petitions challenging the constitutionality of laws allowing Jalikattu, Kambala, and bull-cart racing in states such as Tamil Nadu, Karnataka, and Maharashtra.

"Prevention of cruelty does not mean it is absolute. When you are talking of legislative competence, it is there. We only need to understand whether it is contrary to Nagaraj(SC judgment in Animal Welfare Board of India vs A Nagaraj)."

Representing the petitioners, Senior Advocate Siddharth Luthra, started “There is a distinction. When we are dealing with fight response. When we are inducing fear in an animal, that itself is problematic. It is not that animals won't fight. But here we are pushing them into a situation like this for our entertainment. Can we allow cultural rights or practices that are contrary and abhorrent to the constitution to continue. We need to look at the inherent nature of the activity. When you release the animal among people what is it going to do? It is going to either fight or be hurt. I have presented the pictures only to show that."

It should be noted that the current batch of petitions was initially filed to quash and set aside a notification issued by the Union of India on January 7, 2016, and to direct the concerned States to comply with the Apex Court's judgement in Animal Welfare Board of India v. A. Nagaraja And Ors. (2014) 7 SCC 547. While the case was pending, the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 was passed. Following that, the writ petitions were modified to seek the repeal of the aforementioned Amendment Act. The Supreme Court then referred the case to a constitutional bench to decide whether Tamil Nadu can retain Jallikattu as a cultural right under Article 29(1) of the Constitution, which guarantees citizens' cultural rights protection.

Case Title: The Animal Welfare Board Of India & Ors. Vs. Union Of India & Anr.

Citation: Writ Petition (Civil) No. 23/2016

Link: https://main.sci.gov.in/supremecourt/2016/1216/1216_2016_4_502_39986_Order_24-Nov-2022.pdf