ANIMAL WELFARE BOARD OF INDIA Vs. A.NAGARAJA

JUDGEMENT

(1.) The Division Bench of the High Court reversed the judgment of the learned Single Judge and thereby permitted Jallikatu and Rekla-Race in State of Tamilnadu. This Court on 15.1.2008 had issued certain interim directions in regard to the conduct of Jallikatu and other such events. During the pendency of these matters, the Tamil Nadu Legislature has passed the Tamilnadu Regulation of Jallikatu Act, 2009 ('2009 Act' for short), which came into effect on 26.8.2009. The said Act makes it clear that the provisions thereof are in addition to and not in derogation of any other law for the time being in force.

(2.) In the impugned judgment, the High Court has clearly held that the animals which took part in the "Jallikatu", "Rekla-race" and "Manjuvirattu" etc. are identified and specially trained for performance and exhibition in these events, and therefore, they have to be categorised as "performing animals" under Section 21 of the Prevention of Cruelty to Animals Act, 1960 ('1960 Act' for short). This has not been challenged by the State or those propogating Jallikatu. The grievance of the Petitioner is that though the animals have been categorised as "performing animals", the requirements of Section 22 of the 1960 Act, are not complied with.

(3.) The 2009 Act, provides that no Jallikatu event will be permitted or held without the written permission of the Collector. Learned Solicitor General appearing for the State of Tamilnadu submitted that such permission should be sought and obtained at least one month prior to the event. He also submitted that Jallikatu events can take place only in the 179 places identified and notified in the gazette (subject to additions and deletions). According to him, in the year 2010, Jallikatu events took place only in 46 places as against the 179 notified places.