Sunday, January 29, 2017

JALLIKATTU --Culture vs Animal Rights..

Jallikattu is a traditional spectacle in which a Bos Indicus bull is released into a crowd of people who attempt to tame it as the bull tries to escape. It is a part of the Pongal celebrations in the Indian state of Tamil Nadu. The Supreme Court imposed a permanent ban on the sport in 2014 after its 12 guidelines formulated in 2006 to let the sport go on was not followed in letter. The recent protests in Marina and the knee jerk reaction of the State government by first using police force and then hushing with an ordinance sends mixed signals.  Further, such a belated upsurge after almost 2 years of the ban, points to larger issues in the Tamil politics.

The protests are an indicator of larger discontent of the masses against the political establishment. The spate of droughts is commonly associated with the step motherly treatment by the Centre in the sharing of Cauvery waters. The problem got majorly aggravated by the sad demise of Jayalalitha aka Amma. Political vacuum in the state and persistent neglect of the people was expressed through these protests showcasing Tamil pride and local culture. The ordinance and the full fledged bill to nullify the ban and soothe local tempers needs close examination.

 Legislative action to counter judicial pronouncements is not a new phenomenon for India , notably the Shah Bano case. The bill exempting Jallikattu from the ambit of Prevention of Cruelty against animals Act,1960 creates 3 changes- separate definition for Jallikattu ,specific exemption in sec 11(3) and blanket cover from the ambit of PCA,1960. The specific grounds stated in the bill are a) promotion of culture and tradition and b) protection of native breed of bulls. So, constitutionally there doesn't seem to be a problem. It depends on the approach of the judiciary and the executive as to how the issue plays out.

The animal right perspective is in order. Worldwide, such sports are prevalent and popular even in the U.S.A. The animal right groups have done little to the cause. The scrutiny was initiated by the Madras High Court and has been followed up by the executive later on. However cruelty like use of chilli powder to incite the bull and ways to create fear in the mind  of the bull is a concern. In the same breath, the argument of Animal rights activists that religion and culture can be no grounds for exemption  as far as PCA act is considered doesn't have merit. The act under section 28 specifies that the manner in which an animal is killed shall not be questioned if it has religious justification. So clearly the law of the land recognises religious and cultural exceptions. The question remains the extent till which animal rights and culture can be balanced.

The balance of opinion suggests that the sport must continue only after the 12 specific guidelines framed by the Supreme Court must be followed in letter and spirit. Strict monitoring of such events and broad consultations among stakeholders in future legislations regarding animals needs mention. Animal rights is a dynamic concept having spatial and temporal variations. Hence continuous debate is essential for a policy addressing contemporary demands. Eliminating dissection in schools after consultation with animal husbandry board and civil society is a noteworthy example. The future of Jallikattu must also be addressed by a multi stakeholder approach of Consensus building peacefully.



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