LOCKING HORNS

[Guest guest]

Dear colleagues,

The attached article on jallikattu has been

published today. It is to be noted that religious sentiment has come into

play in this issue. On the very day I submitted this article, I was

also informed of a strange animal sacrifice ritual in a place called

Rampurhat in West Bengal. During Durga puja, goats are sacrificed in certain

households in that town. And before a goat is killed, its kidneys are

damaged by punching its belly. It is believed that such an act pleases the

deity. The religious belief for jallikattu is similar since it contradicts

logic and rationality. But as the late astronomer Carl Sagan commented, " You

cannot convince a believer of anything; for their belief is not based on

evidence, it's based on a deep seated need to believe. "

Warm regards,

 

http://www.telegraphindia.com/1080130/jsp/opinion/story_8840963.jsp

Wednesday , January 30 , 2008

Locking horns

 

The latest Supreme Court order on Jallikattu has drawn mixed reactions.

reports

 

The setting is a village in Tamil Nadu. It's a small arena along with narrow

alleyways. Hundreds and thousands of spectators huddle together. Amidst all

this, an enraged bull is unleashed — decorated in bright colours and with

money tied around its horns. The bull is chased by villagers. Their

objective is to hold on to the animal for as long as possible in an effort

to tame the animal and seize the money. Welcome to the " sport " of *

jallikattu*, a local version of the running of the bulls in Pamplona, Spain.

 

 

The game has been a cultural tradition in Tamil Nadu for close to 4,000

years. But now it has raised the ire of animal rights activists who feel the

game is cruel and want it to be banned. " The fact that hundreds of people

are chasing a bull and trying to jump over it constitutes cruelty to

animals, " says D. Rajasekar, secretary of the Animal Welfare Board of India

in Chennai. He adds, " The bulls are abused by rubbing chilli powder in their

eyes. That's not all. They are forced to drink alcohol to drive them into a

frenzy. " Their testicles are pinched to make them more aggressive.

 

However, a human tragedy triggered the questioning of the legality of this

game. Recalls Rajasekar, " It all started in 2006 when a youngster watching *

jallikattu* was killed by an enraged bull that landed amidst the

spectators. " Subsequently, the father of the victim filed a petition and the

Madurai bench of the Madras High Court banned *jallikattu* in March 2006.

 

The Tamil Nadu government and the different associations promoting this game

appealed against the ban. In January 2007, the Madras High Court permitted

the game to be conducted, but attached some conditions. It was then that the

Animal Welfare Board of India became a party to the case by filing a special

leave petition (SLP) citing the Prevention of Cruelty to Animals Act, 1960,

before the Supreme Court to stop this game. Meanwhile, the Supreme Court, by

an order dated July 27, 2007, stayed the Madras High Court division bench

judgment and restored the original order banning *jallikattu*.

 

The legal battle raged on. The Tamil Nadu government, and the contestants

and organisers of *jallikattu* filed a petition to vacate the Supreme Court

stay order. This petition was dismissed by the Supreme Court on January 11,

2008. The court issued an order to continue the ban on *jallikattu*. " On

January 13, the Tamil Nadu government again filed a review petition for

modification and reconsideration of the order dated January 11 that kept the

ban on *jallikattu* in place. The January 11 order was subsequently modified

by another Supreme Court order dated January 15 that permitted *jallikattu*,

on certain conditions, " says S.R. Sundaram, legal advisor to the Animal

Welfare Board of India.

 

The latest Supreme Court order lays down 12 conditions for *jallikattu* to

carry on. The Animal Welfare Board of India should be informed prior to

arranging *jallikattu* and the organisers will have to take the district

collector's permission to conduct this game. " The Supreme Court also

maintained that the Animal Welfare Board of India and its recognised animal

welfare organisations should take photos and record the game on video, " says

Sundaram. " If any violation of the norms is observed, the Animal Welfare

Board of India will have to submit a report to the Supreme Court within two

weeks from the date of the game. "

 

Quite apart from the central issue of animal cruelty in *jallikattu* as

enumerated in the Prevention of Cruelty to Animals (PCA) Act, 1960, public

safety issues are involved. The Supreme Court has asked for double

barricading the arena and fixed galleries for spectators viewing *jallikattu

*. However, the dangers are still palpable. Last year the game saw one

person killed and 65 people injured; this year almost 70 people have been

hurt.

 

The latest Supreme Court order has drawn mixed reactions. The petitioners

who sought to ban the game underline Section 11 of the PCA Act, 1960, which

prevents cruel sports involving animals. However, Sanjay Upadhyay, managing

partner of the Enviro Legal defence firm in Delhi, feels that the game could

continue as long as regulations are adhered to. " It is also necessary to

define what constitutes cruelty under the Prevention of Cruelty to Animals

Act, 1960, " he notes. But there is disappointment concerning the latest

Supreme Court order too. " The latest order allowing *jallikattu* to continue

does not take into consideration the suffering of the bulls and undermines

the purpose and objective of the Prevention of Cruelty to Animals Act,

1960, " says Raj Panjwani, a practising lawyer at the Supreme Court. His

views are shared by Norma Alvarez, an advocate at the Bombay High Court who

has legally stopped bull fights in Goa. " The Supreme Court order allowing

the game of *jallikattu* to go on is a setback to the animal welfare

movement in India since it will abet the abuse of animals in entertainment

in other situations, " she says.

 

The Prevention of Cruelty to Animals Act, 1960, is still being flouted in

other areas of animal entertainment. For example, buffalo fights are taking

place in Assam where the animals are prodded and fed intoxicants to turn

them violent. Even bird fights are popular in certain regions. Bulbul fights

are staged in Hajo in Assam and cock fights at Kasargod in northern Kerala.

" The PCA Act needs to be strengthened to prevent such sports, " says Sangeeta

Goswami, chairperson of People for Animals, Assam. " The fines for violations

are too low, " she adds.

 

But are prosecutions taking place regularly in situations where animals are

abused in sport? " No, " replies Debasis Chakrabarti, founder of Compassionate

Crusaders Trust, an animal welfare organisation in Calcutta. " The low fines

prescribed in the law should never deter prosecution regarding animal abuse

in sports since that would undermine the movement to eradicate cruelty to

animals, " he adds. But until that happens and sports like

*jallikattu*persist with legal blessing, humans and animals will

continue to lock horns.