Respondent Arguments

Organizers of Jallikattu and Bullockcart races, individually and collectively, took up the stand

that these events take place at the end of harvest season (January and February) and

sometimes during temple festivals which is traditionally and closely associated with village

life, especially in the Southern Districts of the State of Tamil Nadu. Organizers of Bullock-

cart races in the State of Maharashtra also took the stand that the same is going on for the last

more than three hundred years by way of custom and tradition and that extreme care and

protection are being taken not to cause any injury or pain to the bullocks which participate in

the event. Organizers also submitted that such sport events attract large number of persons

which generates revenue for the State as well as enjoyment to the participants. Further, it was

also stated that no cruelty is meted out to the performing bulls in Bullockcart races so as to

violate Section 11(1)(a) of the PCA Act and the District Collector, Police Officials etc. are

always on duty to prevent cruelty on animals. Further, it is also their stand that the sport

events can only be regulated and not completely prohibited and the State of Tamil Nadu has

already enacted the TNRJ Act, which takes care of the apprehensions expressed by the Board.

The State of Tamil Nadu has also taken up the stand that every effort shall be made to see

that bulls are not subjected to any cruelty so as to violate the provisions of the PCA Act and

the sport event can be regulated as per the provisions of the TNRJ Act. Further, it was also

pointed out that the bulls taking part in the Jallikattu, Bullockcart Race etc. are specifically

identified, trained, nourished for the purpose of the said sport event and owners of Bulls

spend considerable money for training, maintenance and upkeep of the bulls. Further, the

State has also taken up the stand that the Bulls are “performing animals”, and since there is

no sale of tickets in the events conducted, Section 22 will not apply, so also the notification

dated 11.7.2011. State has also taken up the stand that complete ban on such races would not

be in public interest which is beingconducted after harvest season and sometimes during

temple festivals as well. The State of Maharashtra has not challenged the judgment of the

Bombay High Court and hence we have to take it that the State is in favour of banning the

exhibition or training of Bulls, whether castrated or otherwise as performing animals

Shri Rakesh Dwivedi, learned senior counsel appearing for State of Tamil Nadu, referring to

Section 11(3) of PCA Act, submitted that the Act does not prohibit the infliction of all forms

of pain or suffering on animals and hence Section 11(1)(a) has to be read and understood in

that context. Referring to Sections 11(1)(a), (g), (h), (j), (m) and (n), learned senior counsel

submitted that the expression “unnecessary pain or suffering” is not used in those clauses and

hence the events like Jallikattu, which do not cause that much of pain or suffering on the

animal, cannot be completely prohibited, but could only by regulated.

Shri Bali, learned senior counsel appearing for the organizers, highlighted the historical and

cultural importance of Jallikattu event and submitted that, taking into consideration the nature

of the event, the same would not cause any unnecessary pain or suffering to the Bulls which

participate in that event, so as to violate Section 3 or Section 11(1)(a) of PCA Act. Learned

senior counsel submitted that such events could be regulated under the regulations framed

under TNRJ Act as well as the additional safeguards taken by the State Government and the

proposed guidelines framed by MoEF. Learned senior counsel also submitted that the mere

fact that there has been some violation of the regulations would not mean that the entire event

be banned in the State of Tamil Nadu which, according to the learned senior counsel, will not

be in public interest. Learned senior counsel also referred to the manner in which such events

are being conducted world over, after taking proper precaution for the safety of the animals

used in those events.