Jallikattu Tug of War, and Indian Supreme Court’s Tango marking a Giant Leap in Reverse for Legal Personality of Animal kind

Abstract

The article discusses how the landmark judgment of Animal Welfare Board of India (AWBI) v. A. Nagaraja (2014), delivered by Supreme Court of India was superior in content, spirit and wisdom as compared to the latest AWBI v. UOI (May 2023). The former declared bulls unsuitable for sports like Jallikattu and bullock cart races. The court had then emphasised the need to interpret the Prevention of Cruelty Act, 1960 (PCA 1960) liberally in favour of animal welfare. It also assumed the role of parens patriae, responsible for safeguarding the rights of animals. The court argued that animals should not be treated as mere property, but as sentient beings deserving of legal protection. Animals became legal persons as a necessary effect of that judgement, though the court did not declare the same explicitly. However, the latter judgement has reversed the progress made in animal welfare. The Supreme Court's judgment in Animal Welfare Board of India v. UOI, delivered in 2023, allowed the resumption of Jallikattu and similar bovine sports. The court based its decision on amendments made by Tamil Nadu, Maharashtra, and Karnataka to their state legislations, presuming that these changes eliminated the cruelty associated with these sports. The court emphasised the need to consider the amended rules alongside the legislation to understand their true effect. The article highlights the paradox between India's professed concern for humane treatment of animals and the prevailing practice of animal abuse. It argues that unless laws regarding the legal status of animals are revised, meaningful change in their treatment cannot be achieved. The writing concludes by stating that the recent judgment has undone the progress made since the Nagaraja case, jeopardising animal welfare in India.