Introduction
On Friday, January 8, 2016, the Indian government at the
centre revoked the apex court-endorsed ban on Jallikattu, which is a sports
event in Tamil Nadu. Along with this, the central government also allowed in
principle the bullock cart race in the states like Maharashtra, Kerala, Punjab,
Karnataka, Haryana, Gujarat, etc. This move is seen by many as the steps taken
by the Bharatiya Janata Party (BJP) to appease All India Anna Dravida Munnreta
Kazhagam (AIADMK) supremo Jayalalitha in Tamil Nadu where the party has no
presence. Incidentally, the state is going to the polls sometime in the next
year. Many in the country have denounced this move as these sports promote the cruelty
to animals, which is against the principled view of the apex court. However, the
political parties like BJP and Indian National Congress (INC) have made only
muted response to this move due to the political stakes they have in states
like Tamil Nadu and Maharashtra.
New Notification
Citing culture, the BJP-led government at the centre has
decided to bring back the performing sports like Jallikattu and bullock cart
race. On January 8, 2016, the central government brought certain amendments to
the law to permit the performing sports using animals. The political parties of
Tamil Nadu have been lobbying for the lifting of the ban for some time. This revised notification has been issued
just in time before the commencement of Pongal festival in Tamil Nadu. The
present notification permits Jallikattu and the bullock cart races in the
country. The move by the centre overlooking the advice given by the Attorney
General Mukul Rohatgi against the amendment in light of the Supreme Court
ruling has the political overtones. While retaining the general prohibition on
the use of certain animals, this new notification subjects the conduction of
these performing sports to the permission of local administration based on
certain conditions. The local authorities have to ensure that these sport
activities are conducted at appropriate places and the bull released is tamed
within the radial distance of 15 metres from the enclosure.
Timing of New Notification
The move is considered by many as the appeasement by the
ruling dispensation to win the hearts of the Tamil regional parties like
Dravida Munretta Kazhagam (DMK) and the AIADMK. The saffron party BJP does not
have any presence in Tamil Nadu. The think tank of the saffron party wants to open its
account in this state with the help of any of these parties. There has been
widespread political opinion in that state in favour of the Jallikattu. That is
the main reason why the NDA government at the centre has conceded to their
demand. There is also pressure from the
western state of Maharashtra to restore the bullock cart race. The union
Environment Minister Prakash Javedkar hails from this state. He also might have
put pressures on the central government to revoke this performing sport. The
political reaction to this new development is rather muted as they wanted to
tread cautiously on this issue due to the political stakes involved. They
crafted their response both in support of the safety of people and animals and
the tradition.
Landmark Legislation on Animal Rights
The previous United Progressive Alliance (UPA) government
led by Indian National Congress (INC) had brought a landmark legislation
banning all types of sports in the country that harm the health and well beings
of animals in 2011. When certain parties from the state of Tamil Nadu raised
the objection in the apex court, citing the quashing of the order by the state
high court, the division bench hearing the petition chose to endorse the ruling
in 2014, upholding the rights of animals to live in dignity just like human
beings. At that time, barring the people from the states of Tamil Nadu and
Maharashtra, all other parties, including political parties, welcomed the
decision by the apex court. According to this law, the exhibition, training the
creatures and using them as performing animals is prohibited. The animals that come under the ambit of law
include bulls, bears, tigers, monkeys, panthers and lions. Effectively, this legislation brought an end
to the performing sports that have been organized in different parts of the
country during various festivals. This move by the centre was hailed by the animal
right activists in the country.