The Supreme Court on Jallikattu, Bullock-Cart
Race on
In
the case of Animal
Welfare Board of India v. A.Nagaraja and others.
The Supreme Court held that:-
NON-ESSENTIAL ACTIVITIES:
61. We have, however, lot of avoidable
non-essential human activities like Bullock-cart race, Jallikattu etc. Bulls,
thinking that they have only instrumental value are intentionally used though
avoidable, ignoring welfare of the Bulls solely for human pleasure. Such
avoidable human activities violate rights guaranteed to them under Sections
3 and 11 of PCA Act (The Prevention of Cruelty to Animals Act, 1960). AWBI (The Animal Welfare Board of India), the expert statutory body has taken
up the stand that events like Jallikattu, Bullock-cart race etc. inherently
involve pain and suffering, which involves both physical and mental components,
including fear and distress. Temple Grandin and Catherine Johnson, in their
work on “Animals in Translation” say:
“The single worst
thing you can do to an animal emotionally is to make it feel afraid. Fear is so
bad for animals I think it is worse than pain. I always get surprised looks
when I say this. If you gave most people a choice between intense pain and
intense fear, they’d probably pick fear.” Both anxiety and fear, therefore,
play an important role in animal suffering, which is part and parcel of the
events like Jallikattu, Bullock-cart Race etc.
RIGHT TO LIFE:
62. Every species has a right to life
and security, subject to the law of the land, which includes depriving its
life, out of human necessity. Article 21 of the Constitution, while
safeguarding the rights of humans, protects life and the word “life” has been
given an expanded definition and any disturbance from the basic environment
which includes all forms of life, including animal life, which are necessary
for human life, fall within the meaning of Article 21 of the
Constitution. So far as animals are concerned, in our view, “life” means
something more than mere survival or existence or instrumental value for
human-beings, but to lead a life with some intrinsic worth, honour and dignity.
Animals’ well-being and welfare have been statutorily recognised under Sections
3 and 11 of the Act and the rights framed under the Act. Right
to live in a healthy and clean atmosphere and right to get protection from
human beings against inflicting unnecessary pain or suffering is a right
guaranteed to the animals under Sections 3 and 11 of the
PCA Act read with Article 51A(g) of the Constitution. Right to get
food, shelter is also a guaranteed right under Sections 3 and 11 of
the PCA Act and the Rules framed thereunder, especially when they are
domesticated. Right to dignity and fair treatment is, therefore, not confined
to human beings alone, but to animals as well. Right, not to be beaten, kicked,
over-rider, over-loading is also a right recognized by Section 11 read
with Section 3 of the PCA Act. Animals have also a right against the
human beings not to be tortured and against infliction of unnecessary pain or
suffering. Penalty for violation of those rights are insignificant, since laws
are made by humans. Punishment prescribed in Section 11(1) is not
commensurate with the gravity of the offence, hence being violated with
impunity defeating the very object and purpose of the Act, hence the necessity
of taking disciplinary action against those officers who fail to discharge
their duties to safeguard the statutory rights of animals under the PCA
Act.
63. Jallikattu and other forms of Bulls
race, as the various reports indicate, causes considerable pain, stress and
strain on the bulls. Bulls, in such events, not only do move their head showing
that they do not want to go to the arena but, as pain is being inflicted in the
vadivasal is so much, they have no other go but to flee to a situation which is
adverse to them. Bulls, in that situation, are stressed, exhausted, injured and
humiliated. Frustration of the Bulls is noticeable in their vocalization and,
looking at the facial expression of the bulls, ethologist or an ordinary man
can easily sense their suffering. Bulls, otherwise are very peaceful animals
dedicating their life for human use and requirement, but are subjected to such
an ordeal that not only inflicts serious suffering on them but also forces them
to behave in ways, namely, they do not behave, force them into the event which
does not like and, in that process, they are being tortured to the hilt. Bulls
cannot carry the so-called performance without being exhausted, injured,
tortured or humiliated. Bulls are also intentionally subjected to fear, injury
– both mentally and physically – and put to unnecessary stress and strain for
human pleasure and enjoyment, that too, a species totally dedicated its life
for human benefit, out of necessity.
64. We are, therefore, of the view that Sections
21,22 of
the PCA Act and the relevant provisions have to be understood in the light of
the rights conferred on animals under Section 3, read with Sections
11(1)(a) &(o) and Articles 51A(g) and (h) of the Constitution, and if
so read, in our view, Bulls cannot be used as a Performing Animals for
Jallikattu and Bullock-cart Race, since they are basically draught and pack
animals, not anatomically designed for such performances.
**
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