Jallikattu Debate
Moh-Juj: Traditional Animal Fights in Assam
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Buffalo and bulbul fights
Mains level: Read the attached story
Introduction
- The Assam government’s bid to revive traditional ‘Moh-Juj’ buffalo and bulbul (songbird) fighting during Magh Bihu has encountered a legal challenge from People for Ethical Treatment of Animals (PETA) in the Gauhati High Court.
- PETA India seeks to ban these activities.
Buffalo and bulbul fights: Age-Old Tradition
- Folk Culture: Buffalo and bulbul fights are part of the folk culture during the Assamese winter harvest festival of Magh Bihu.
- Location: Buffalo fights are prominent in places like Ahatguri in Nagaon district, while bulbul fights are held at the Hayagriv Madhab Mandir in Hajo.
- Religious Significance: Bulbul fights are tied to religion, involving rituals, lamps, and offerings to Lord Vishnu.
- Historical Legacy: The practice has roots in the traditions of the Ahom rulers.
Discontinuation after SC Ruling
- Supreme Court’s Intervention: The fights were discontinued after the Supreme Court’s 2014 judgment banned the use of bulls as performing animals in events like jallikattu.
- Animal Welfare Board of India (AWBI): Following the SC ruling, the AWBI urged the Assam government to stop animal and bird fights during Bihu celebrations.
- Resistance: Despite the prohibition, some continued to hold buffalo fights in defiance, leading to legal challenges.
Revival Efforts after SC Clears Path
- SC Ruling in 2021: The Supreme Court overturned its 2014 judgment, allowing states like Tamil Nadu, Maharashtra, and Karnataka to conduct traditional events involving bulls and animals.
- Assam Government’s SOPs: The Assam Cabinet approved Standard Operating Procedures (SOPs) for buffalo and bulbul fights without deliberate cruelty.
- Guidelines: SOPs permit fights in traditional locations, set specific dates, forbid harm to animals, and ban the use of intoxicating substances.
- Revival: Buffalo and bulbul fights were resumed in Magh Bihu, with Chief Minister Himanta Biswa Sarma supporting the revival as part of Assam’s Bihu traditions.
PETA’s Legal Challenge
- PETA’s Petitions: PETA India filed petitions in the Gauhati High Court seeking a ban on both activities and an interim stay during the proceedings.
- Allegations: PETA claimed that buffalo owners instigated fights through slapping, shoving, and using wooden sticks, resulting in injuries. Bulbuls were allegedly captured and forced to fight.
- Court’s Response: The court heard PETA’s application and noted that organizing buffalo fights beyond January 25 violates government guidelines. It instructed the petitioners to inform the relevant authorities to prevent the event in violation of SOPs.
Conclusion
- The legal battle over the revival of traditional animal fights in Assam reflects the clash between cultural traditions, religious significance, and animal welfare concerns.
- The Gauhati High Court’s decision will shape the future of these practices in the region.
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Jallikattu Debate
Bengaluru hosts Kambala Races
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Kambala, Jallikattu
Mains level: NA
Central Idea
- Kambala races were held on this weekend in Bengaluru and many parts of Karnataka.
- This event has faced legal scrutiny in the past, with the Supreme Court temporarily outlawing Kambala, along with Jallikattu and bullock-cart racing, in 2014.
What is Kambala?
- Kambala is a folk sport predominantly practised in the coastal districts of Karnataka, especially where Tulu-speaking communities are prevalent.
- Traditionally, races were organized in slushy paddy fields post-harvest.
- The Kambala Samithi now hosts weekly events from late November to mid-April at various venues across Dakshina Kannada and Udupi districts.
- For many, especially the Bunt community, Kambala is a prestigious event.
- Buffalo pairs are meticulously groomed throughout the year in the hopes of winning major races.
Different Kambala Categories
- Negilu (Plough): Entry-level buffalo pairs participate in their first Kambala race using lighter ploughs.
- Hagga (Rope): Jockeys race buffaloes with just a rope tied to both.
- Adda Halage: Participants stand on a horizontal plank dragged by buffaloes, unlike Hagga and Negilu where jockeys run behind.
- Kane Halage: A wooden plank tied to buffaloes, with water gushing out through holes as it’s dragged. The height of splashing water determines the winner.
Kambala’s Popularity across Karnataka
- While Kambala’s popularity is concentrated in coastal Karnataka, movies like ‘Kantara’ in 2022 have widened its appeal across the state.
- The film’s success is credited with generating interest in the sport, making it more popular even beyond its traditional strongholds.
- Historically, the Koraga community faced discrimination during Kambala events. They were considered “untouchable” and ill-treated.
- Critics argue that the sport is still dominated by higher caste groups, while lower caste individuals often perform menial tasks during the event.
Why was Kambala banned by the Supreme Court?
- Several organizations, including People for the Ethical Treatment of Animals (PETA), alleged animal abuse during traditional sporting events.
- Concerns included the tying of buffalo noses with ropes and continuous whipping during races, seen as cruelty.
- The Supreme Court, hearing these petitions, banned Kambala, Jallikattu, and bullock-cart racing in 2014.
How was the ban lifted?
- In January 2016, the Environment Ministry issued a notification allowing the continuation of bull training for such traditional events, recognizing their cultural significance.
- Specific conditions were set to minimize bull suffering.
- State governments also amended the Prevention of Cruelty to Animals Act, providing exemptions for these events.
- A five-judge constitutional bench upheld these amendments made by Karnataka, Tamil Nadu, and Maharashtra governments in May.
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Jallikattu Debate
SC backs TN position on Jallikattu
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Jallikattu Debate
Central Idea
- The Supreme Court Constitution Bench has upheld the amendments made by Tamil Nadu, Maharashtra, and Karnataka to the Prevention of Cruelty to Animals Act, 1960.
- The decision overturns a previous verdict that banned practices such as Jallikattu, a traditional bull-taming sport.
Overturning the previous verdict
- The court rejected the 2014 verdict of the Welfare Board of India v. A. Nagaraja case that deemed Jallikattu incompatible with animal rights.
- The Constitution Bench emphasized that Jallikattu has been a part of Tamil Nadu’s cultural heritage for at least a century.
Significance of Pongal and Jallikattu
- Pongal is a harvest festival in Tamil Nadu, celebrated with thanksgiving for a bountiful harvest and rituals honoring cattle.
- Jallikattu, a bull-taming event, is an integral part of the festival and showcases the strength and skill of farm hands in southern Tamil Nadu.
Supreme Court’s 2014 verdict and animal rights perspective
- The previous two-judge Bench ruling emphasized the importance of animal rights and suggested elevating them to the level of constitutional rights.
- Animal welfare organizations presented evidence of physical and mental torture inflicted on the animals during Jallikattu.
Issue with the sport
An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.
- Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
- Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
- Cruelty to animal: Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
- Animal intoxication: There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.
Arguments in favour
- Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
- Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
- Man-animal relationship: Some believe that the sport also symbolizes a cordial man-animal relationship.
- Agrarian pride: It represents a cultural infirmity to urban modernity that marginalizes rural and agrarian values.
Conclusion
- Tradition and culture should be considered in the rights discourse, recognizing the cultural context of practices like Jallikattu.
- Engagement and negotiation between animal rights advocates and local culture and tradition are necessary for a balanced approach.
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Jallikattu Debate
Jallikattu Case: What right do you want to protect, Supreme Court asks petitioners
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Jallikattu Row
The Supreme Court has asked activists what they found wrong in Tamil Nadu’s Jallikattu law when it protects animals from “unnecessary pain” and sought to preserve the “culture and traditions” of the people in the State.
What is the news?
- The Prevention of Cruelty to Animals (TN Amendment) Act of 2017 and the Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017 has recognised the culture and traditions of the people as a fundamental right.
- The petitioners, said that a mere activity does not give a fundamental right status because of an assertion.
- It referred to how practices like Sati, dowry, widow re-marriage, child marriage, etc. were once recognised as fundamental to our culture and stopped through legislation.
What is Jallikattu?
- It is a bull-taming sport and a disputed traditional event in which a bull such is released into a crowd of people.
- Multiple human participants attempt to grab the large hump on the bull’s back with both arms and hang on to it while the bull attempts to escape.
- Participants hold the hump for as long as possible, attempting to bring the bull to a stop. In some cases, participants must ride long enough to remove flags on the bull’s horns.
- It is typically practised in the state of Tamil Nadu as a part of Pongal (harvest) celebrations in January.
Issue with the sport
An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.
- Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
- Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
- Cruelty to animal: Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
- Animal intoxication: There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.
Arguments in favour
- Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
- Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
- Man-animal relationship: Some believe that the sport also symbolizes a cordial man-animal relationship.
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Jallikattu Debate
Supreme Court allows bullock cart races in Maharashtra
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Prevention of Cruelty to Animals
The Supreme Court has allowed Maharashtra to hold bullock cart races in the state till the pendency of the matter before the Constitutional Bench of the apex court.
Allowing bullock-cart races
- The SC observed that the validity of the amended provisions of the Prevention of Cruelty to Animals Act, 1960 and the rules framed by Maharashtra provided for bullock cart race in the State.
- Such races would operate during the pendency of the petitions as the entire matter has been referred to a constitution Bench.
- The state govt has cited examples as the same is being conducted in the states like Tamil Nadu and Karnataka.
Why was there a ban on the bullock cart races?
Ans. Ban on Jallikattu, then
- Bullock cart races were banned in Maharashtra after the Supreme Court declared that the race as violative of the provisions of the central act in 2014.
- It then had observed that bulls were not anatomically designed to participate in races/taming and would be subjected to cruelty if used as a performing animal.
How did Maharashtra respond?
Ans. Bringing in a law to prevent pain or sufferings to the animals
- In April 2017, the Maharashtra assembly had passed legislation for resumption of bullock cart races across the state.
- The Bill titled ‘The Prevention of Cruelty to Animals (Maharashtra Amendment) Bill’ was passed unanimously with the support of all parties.
- As per the amendment, bullock cart races could be held with the prior permission of the district collector concerned by ensuring that no pain or suffering would be caused to the animal.
Why did the Maharashtra government go to SC?
Ans. Blanket ban by Bombay HC
- Even after this law, the Bombay High Court refused to vacate stay on the bullock cart races.
- Hence it got to approach the SC.
Proving the running ability of a bull
- In November 2017, the Maharashtra government set up a committee to study the running capacity of various breeds of bulls and bullocks in comparison to horses.
- The committee was asked to study physiological and biochemical changes during the running of the bulls, bullocks and horses.
- A report titled ‘Running ability of bull’ was prepared in two months by the government to justify allowing the bullock cart races.
- Subsequently, the Maharashtra government challenged the Bombay HC’s order.
Back2Basics: Jallikattu Debate
- It is a bull-taming sport and a disputed traditional event in which a bull such is released into a crowd of people.
- Multiple human participants attempt to grab the large hump on the bull’s back with both arms and hang on to it while the bull attempts to escape.
- Participants hold the hump for as long as possible, attempting to bring the bull to a stop. In some cases, participants must ride long enough to remove flags on the bull’s horns.
- It is typically practised in the state of Tamil Nadu as a part of Pongal (harvest) celebrations in January.
Issue with the sport
An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.
- Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
- Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
- Cruelty to animal: Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
- Animal intoxication: There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.
Arguments in favour
- Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
- Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
- Man-animal relationship: Some believe that the sport also symbolizes a cordial man-animal relationship.
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Jallikattu Debate
TN govt gives nod for Jallikattu
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not Much
Mains level: Debate over Jallikattu
The Tamil Nadu government has permitted Jallikattu to be held across the state during the upcoming Pongal season.
51A (g) of the Constitution of India mandates every citizen to protect forests, lakes, rivers, wild animals etc. Apart from that, the Constitution also reminds us to show compassion towards birds and animals.
What is Jallikattu?
- It is a bull-taming sport and a disputed traditional event in which a bull such is released into a crowd of people.
- Multiple human participants attempt to grab the large hump on the bull’s back with both arms and hang on to it while the bull attempts to escape.
- Participants hold the hump for as long as possible, attempting to bring the bull to a stop. In some cases, participants must ride long enough to remove flags on the bull’s horns.
- It is typically practised in the state of Tamil Nadu as a part of Pongal (harvest) celebrations in January.
A historic sport
- Jallikattu has been known to be practised during the Tamil classical period (400-100 BCE).
- It was common among the Ayar people who lived in the ‘Mullai (pastoral)’ division of the ancient Tamil country.
- Later, it became a platform for the display of bravery, and prize money was introduced for participation encouragement.
- A seal from the Indus Valley Civilization depicting the practise is preserved in the National Museum, New Delhi.
Why it is disputed?
- As there were incidents of injury and death associated with the sport, both to the participants and to the animals forced into it, animal rights organizations have called for a ban to the sport.
- This has resulted in the court banning it several times over the past years.
- However, with protest from the people against the ban, a new ordinance was made in 2017 to continue the sport.
Various concerns
- The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
- Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
- Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
- There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.
- During attempts to subdue the bull, they are stabbed by various implements such as knives or sticks, punched, jumped on and dragged to the ground.
Why activists seek a ban over it?
- Animal rights activists argue that Jallikattu exploits the bull’s natural nervousness as prey animals by deliberately placing them in a terrifying situation.
- They are forced to run away from the competitors whom they perceive as predators and the practice effectively involves catching a terrified animal.
- Along with human injuries and fatalities, bulls themselves sometimes sustain injuries or die, which people may interpret as a bad omen for the village.
- An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.
Arguments in favour of the sport
- According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
- Some believe that the sport also symbolizes a cordial man-animal relationship.
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Jallikattu is a bull taming sport played in Tamil Nadu as a part of Pongal celebrations on Mattu Pongal day.
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Jallikattu is derived from the words ‘calli’ (coins) and ‘kattu’ (tie), which means a bundle of coins is tied to the bull’s horns. In older times, the tamer sought to remove this bundle from the animal’s head to win gold or silver.
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The southern parts of Tamil Nadu witness bull-taming the most, with Alanganallur near Madurai hosting the largest and most famous of these events.
source
- Background
- Factors against the ban
- Arguments favouring the ban
- View of SC
- What can government do?
- International experience
- Way ahead
Factors against the ban
- Jallikattu is an ancient sport which has continued since colonial times. So it is an ancient tradition which should be preserved and not banned.
- In Jallikattu, the objective is to obtain the ‘Jallikattu’ a pouch which contains the reward coins called ‘Jalli’ tied to the horns of the bulls. While the players are not allowed to carry weapons of any kind or wear protective gears, the bulls on the other hand will not have nose rings or ropes.
- Plus, they’re equipped with a pair of sharp horns which can gore a human within seconds. So it’s actually the bull which has the upper hand in this match.
- Jallikattu is what’s keeping the native breed of cows from going extinct, according to some local people which is a huge problem for western cattle industry.
Arguments favouring the ban
- During Jallikattu, bulls are purposefully scared and petrified and then made to run across the crowd, destroying anything that would come in their way. Various cruel means are adopted to scare and anger the bull like pinching, nailing, stabbing with sticks that have nails at the edges, twisting their tails and even forcefully making them drink alcohol and other drugs. The ropes around their nose are painfully yanked and then they are dragged into the crowd of people who further anger the bull.
- According to the documents by PETA, these bulls also break their bones in order to escape from the crowd continuously trying to toture them. Casualty and death of humans are also alarmingly high during this game.
- What started as a simple act of bravado has become an act of cruelty towards animals.
- The bulls are kept in the waiting area for hours, subjecting it to the scorching sun. The bulls used in the sport are also denied food and water.
- Due to this sport, innumerable human lives, both of the participants and the audience, have also been lost, as the bulls try to flee from the pain.
View of SC
- Supreme court in 2014 banned the sport jallikattu as it violates provisions of Prevention of Cruelty to Animals Act (PCA) and militates the constitutional duty of treating animals with compassion, Article 51A (g).
- It also reiterated the expansive reading it had given in the past, to Article 21 (Right to Life), which prohibits any disturbance to the environment, including animals, considered essential for human life.
What can government do?
The Government must find alternate methods to continue it without hurting the animal or people. Following are some of the alternatives:
- Follow the famous Spanish bullfighting example where measures taken to avoid lethal damage
- Put effective protection (barricades, speaker announcements, clear demarcation) so that people are not hurt
- Create awareness regarding apathy faced by animals. Sports personalities, film stars, eminent jurists can come forward
International experience
- The tradition of bullfighting in Spain is cited to legitimise the conduct of Jallikattu and present it as a viable tourist attraction.
- It is significant that the Spanish state of Catalonia banned the sport in 2012 after a prolonged ‘culture versus rights’ debate.
- In 2002, Germany took animal rights to a new level by giving animals constitutional protection.
Way ahead
- Those who want the sport to be legalised have called for an amendment to the PCA Act and measures to revoke the 2011 notification of the Ministry of Environment and Forests (MoEF) which barred the use of bulls as performing animals.
- Trying to allow an event that legitimises cruelty to animals would be a direct insult to the carefully reasoned writ of the Supreme Court, a complete negation of the PCA Act and its objectives, and would take the country back by a few steps in the crucial area of Right to Life.