Jallikattu Controversy /Cover Story : Holding By Horn

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The ban on Jallikattu is set to open a new debate vis-à-vis traditions and animal rights, which is no less than taming a bull

Venkatesan T S from Chennai
In June the farmers, farming  community and Opposition would raise their voice demanding release of water in Cauvery to carry out the Kuruvai crop cultivation. In January, the bull fight fans, proponent of Tamil identify and culture along with some political parties would demand to permit to organise Jallikattu, a traditional sports to show the valour of the youths.   Of these, the former is to protect the livelihood of the farmers and people of this State. The latter is to keep alive the  traditional sport.

What is Jallikattu?
Jallikattu, also known as Eruthazhuvuthal or Manju Virattu, is held in Tamil Nadu during the festival of Pongal. The sport, which is an integral part of the festivities in the State, was believed to be a common practice during the classical period (400-100 BC) in Tamil Nadu.
The bulls are well-fed and are bred by the villagers before the event.  After the event is over, tamed weak bulls are used for domestic activities and agriculture while the strong ones are used for breeding.

 As the festival of Pongal approaches, calls for Jallikattu to be allowed to be held are getting louder in the State. It is during the festival of Pongal that Jallikattu is usually held in several parts of Tamil Nadu.  

Banning Jallikattu will Decimate India’s Indigenous Cattle Breeds

According to Himakiran Anugula, who is an organic farmer and also a trustee of SKCRF (www.kangayambull.com), an organisation working to conserve native breed cattle in Tamil Nadu: If Jallikattu is banned, livestock keepers will be forced to abandon the raising of native livestock, which already stands threatened due to the extensive use of motor pumps and mechanised agriculture. If the sport is banned, it would be the death knell of native cattle species in Tamil Nadu.
There were 130 or so cattle breeds in India 100 years ago and now there are only 37. Tamil Nadu had six cattle breeds earlier and now we have lost the Alambadi breed. The remaining breeds are Kangayam, Pulikulam, Umbalachery, Barugur and Malai Maadu. Most of these are on the verge of extinction. Native cattle have evolved over millennia, adapting to the local environmental conditions. If we lose our breeds and import foreign breeds, multinational commercial companies will dominate the dairy industry in India.
The Supreme Court and the Government  needs to look at the big picture behind Jallikattu. The Convention on Biological Diversity supports traditional practices to keep the chain intact and thus enable conservation of native breeds. There is no torture of any animal of any sort that takes place during the sport and the evidence of this can be seen from live media telecasts. The time a bull spends engaged in the sport is less than 30 seconds. If required, rules can be implemented to enhance the safety of the animals and men if required.
India has already lost many cattle breeds and it can’t afford to lose any more.                 (Courtesy: The Wire)

As a show of strength and solidarity, students, political parties took to streets urging the centre to take appropriate legal steps to hold the Jallikattu in the State this year which has been mired in legal tangle.
Why was Jallikattu banned?
Animal activists, the Federation of India Animal Protection Agencies (FIAPO) and People for the Ethical Treatment of Animals (PETA) India had been protesting against Jallikattu since 2004.

Judgment needs a Relook

The Supreme Court has weighed tradition on the scales of material benefit. This approach militates against fundamental Hindu values and follows a form of  materialism that even the most liberal of western cultures are looking beyond

Adithya Reddy
Courts of law do not possess expertise to form opinion on many issues. The usual approach in such cases is to rely on testimonies from experts or, if that is not feasible, to step aside with grace and allow the other branches of State to decide. Not infrequently, however, enthusiastic judges throw aside this sense of caution, only to sanctify their personal views and thrust them as binding law on an entire population to which they owe no personal accountability. One such instance was when, without reference to a single piece of literature on the subject, the Supreme Court of India held that “Jallikattu” was never a part of Tamil history or culture. The Judges held that because the literal meaning of the ancient Tamil word “YeruThazhuvuthal” is “bull-embracing”, Tamil warriors in the Sangam era played a competitive sport that only involved gently embracing bull. There cannot be a more callous method of ascertaining history. More surprisingly, the Court held “Jallikattu” to be an “unnecessary” activity implying that the sport has no real value to people. The Court calls the sport mere “amusement and entertainment.” This stand may be proved wrong by showing how “Jallikattu” is useful in the preservation of native breeds of bulls etc. What is disturbing, however is that the Supreme Court has weighed tradition on the scales of utility and material benefit. This approach militates against fundamental Hindu values and follows a form of materialism that even the most liberal of western cultures are looking beyond. Hindu traditions, in all their forms and variations,have evolved not just to offer external comfort and utility.
Many Hindu communities in south Tamil Nadu have a long history of militarism. They embody the best of “Kashtra” qualities and were dreaded warriors. Through a humiliating distinction between listed and non-listed classes, the British systematically deprived such Hindu communities the opportunity of being enlisted in their armed forces. Ancient martial arts of such communities which were not considered ‘loyal’ enough were banned.   Despite this they ensured that their martial spirit survived. They were particularly responsive to Netaji Subhash Chandra Bose’s call to join the INA. Even before, Lokamanya Tilak and Veer Savarkar took up the cause of Hindu communities who were kept away from the battle zone for generations by British policies. Seen in this light, the cultural value of a sport like Jallikattu in keeping alive the martial spirit among communities can hardly be over stated.  It is a sport that requires strength and valour- qualities that today’s youth need to imbibe more than ever before.
Then the Supreme Court mechanically relied on reports of the Animal Welfare Board of India (AWBI) which contain instances of abuse like ear cutting, fracture and dislocation of tail bones, biting and twisting of bulls’ tails, poking bulls with knives and sticks, forcing bulls to drink alcohol etc. None of these practices are inherent to Jallikattu. In fact Jallikattu is a collective name for three or four different kinds of sports, each with strict rules of conduct. Harming the animal in any manner is proscribed. Controlling the bull by holding its tail or ear is also impermissible. If abuses take place it is only a reflection of a larger deterioration of moral values in society. Today there are numerous reports of how badly cows are treated in dairy farms. The solution can never be to ban dairy farms or supply of milk.  If the Court was concerned only about the suffering of bulls it could have directed the installation of cameras in the arena and ‘VadiVasal’ (gateway into the arena) to identify and punish participants who injure or torture the bulls while running.
Unlike blood sports like Spanish bull fights, Jallikattu is not a sadistic sport. Villagers can be educated against abusive practices and there can be enough legal safeguards to prevent them. But for a large majority of owners, Jallikattu bulls are much more than prized possessions. They are treated with great dignity and love. Even bulls that are past their prime are looked after till their very end and given a ritual burial like any other family member. The Court’s moral predilection against Jallikattu appeared to have been so strong that it simply did not consider the possibility of safeguarding the interests of the bulls while allowing the sport to go on.
The question now therefore is how to undo the affect of the Supreme Court judgment. Local political parties in Tamil Nadu including the State Government are indulging in petty politics by pushing the ball to the Centre’s court to frame an ordinance. The subject “Prevention of Cruelty to Animals” falls under Entry 17 of List III of the Schedule VII of the Constitution.  Therefore, both the Central and State Governments have legislative competence to enact on the said subject. It is fully possible for the Tamil Nadu assembly to pass a State legislation amending the relevant provisions of Prevention of Cruelty to Animals Act, in so far as it applies to the Sate of Tamil Nadu, in order to enable the conducting ofJallikattu. Such legislation may require the assent of the President under Article 254 (2) of the Constitution of India since the conduct of Jallikattu has already been held to be repugnant to the existing provisions of the Act. But the first step can be taken by the State assembly.
(The writer is a Chennai based lawyer and columnist)

The Animal Welfare Board of India (AWBI) had also filed a case in the Supreme Court seeking a complete ban on Jallikattu because of the cruel treatment meted out to animals and also over the threat it poses to public safety. There are human injuries and fatalities involved due to which the Board sought a ban on the sport. Several bulls suffer injuries believed to be a bad omen for the village.

Timeline

 

2011

The Environment Ministry added bulls to its 1991 notification banning the training and exhibition of bears, monkeys, tigers, panthers and dogs

April 2014

Emphasising on the historic and religious significance of the event, Centre allows use of bull in Jallikattu, by amending the list of animals prohibited from being trained for performances

May 7, 2014

Supreme Court passed a landmark judgment in favour of PETA & the Animal Welfare Board of India
clarifying that bulls must not be used in Jallikattu

Jan 7, 2016

Centre revokes ban on Jallikattu through a notification that mentions that this exemption is subject to the condition that bulls are treated properly and not subjected to cruelty

Jan 11, 2016

PETA challenged Centre's notification allowing bull taming sport in Supreme Court

Jan 12, 2016

Supreme Court stays Centre’s notification
allowing Jallikattu & issues notice to the Environment Ministry on petitions filed by various bodies

Nov 9, 2016

Questioning the Centre for its notification on allowing the use of bulls in events like Jallikattu, the SC said India cannot “import roman gladiator type sport”

Nov 16, 2016

Supreme Court dismissed the Tamil Nadu’s plea to lift the ban on Jallikattu in the State, saying it finds no ground to allow the State for the sport

Dec 1, 2016

Supreme Court
questioned the Centre for its 2016 notification allowing use of bulls  in events like  Jallikattu

Jan 9, 2017

Supreme Court  questioned the Centre for its 2016 notification allowing use of bulls  in events like
Jallikattu

Jan 9, 2017

O Paneerselvam requested PM Modi to pass an ordinance to allow Jallikattu during the pongal festival
this year

 Jan 11, 2017

AIADMK general secretary VK Sasikala wrote a letter to PM Modi seeking promulgation of an ordinance for conduct of Jallikattu

Jan 12, 2017

Supreme Court put on hold its
verdict  on allowing the  bull taming sport
by January 14, 2017

In May 2014, the Supreme Court had banned the practice, citing animal welfare issues. In January 2016, Modi Government passed an executive order exempting Jallikattu from all performances where bulls cannot be used, effectively reversing the ban.  However, on January 14, 2016 the Supreme Court upheld its ban on the event, leading to protests all over Tamil Nadu.
Campaigns for Jallikattu
When the People of the State keenly want to witness the event, nothing moved in that direction despite
assurances.  This year, there have been hectic campaigns  in the social  media seeking support for the   traditional sport.

If you want a ban on Jallikattu, let's also ban biryani. Bulls are treated like God and as part of the family in Tamil Nadu
    —Kamal Haasan 

There are two important events when people in village rejoice—one is Thiruvizha (festival) and another one is Jallikattu. Jallikattu is not only a traditional sport it is a breeding science. There are many Indian cattle which are
getting extinct. I feel Jallikatu should be there. No Jallikatu, no Indian breed cattle anymore
—MV Karthik, Law Student

A study shows that 1,000s of cows which are donated to
various gaushalas are missing. Why it happened so has not been brought to light by PETA? What about using donkeys as carriers for loads? The fact is that
PETA has a  hidden agenda
— V Niksheybhavith,
Law student

 I Support Jallikattu. It is our identity, tradition & culture. As a Tamilian I support this sport to be conducted as usual
— Rajkumar Dilli, Social worker

Jallikattu is a sport which shows heroic act without hurting anyone, this sport should be taken in a cultural way

— Sivakumar, Journalist

On January 8, 2017 the Marina beach of Chennai witnessed  a  ‘spontaneous’ rally in which  nearly 10,000 people gathered to ‘Save Jallikattu’, demanding the Central and State Government to do whatever in their means to allow the cultural  tradition to continue this Pongal.
“There were thousands of college students and IT professionals gathered.  No political party or big group organised this, it was a joint effort by people in the city, to call for help for farmers and bull-owners,” said one of the organisers of the event. Other  pro-Jallikattu organisations and groups also participated in the event, which gathered momentum.
Coming out in support of Jallikattu, students staged demonstrations at many places across Tamil Nadu including Madurai, where police used lathi charge to disperse protesters who tried to break barricades to enter the Collectorate. Similar demonstrations were held by students in various places, including Vellore, Pudukkottai and Tirupur.   
Vijaya Ruby Malan, an educationist by profession said to Organiser, “Jallikattu is being criticised by the animal welfare activists based on its optics as it is something cruel to the animal.  Those who are engaged in the sport can vouch for the fact that the animal is well fed and treated as a  sibling in the family. Indeed, these  animals are a source of pride in rural Tamil Nadu.  Given the ferocity with which the activists are blocking the sport raises a doubt that there is  something more to this act than animal welfare. A civilisation which has  preserved its animals for 1000s of years is being accused of causing  cruelty. Unfortunately, none of the activists have gone into the science behind the sport or the traditions which kept these animals alive even after industrialisation. More  importantly, this is a sport which is very closely identified with the culture Tamils and the fact that few NGOs and individuals have belittled the cultural ethos of an age old  civilisation has led to mass agitation. Jallikattu is neither cruel nor  unscientific as it is put out to be, rather it is the opposite.”
While Senthilkumar, a student  in favour of banning Jallikattu said, “Instead of showing powers in
controlling the hapless bulls, why don’t the young and energetic youth redirect their energy and power in building a canal or any other social developmental activities?”
Actor Kamal Haasan categorically reiterated his support for Jallikattu. “I have played the game. I am one of the very few actors who can lay claim to actually embracing a bull. I am a Tamilian and I like the sport. If the PETA is sincere and love animals, then let it ban briyani also” he quipped.
But neither Haasan’s now viral rhetoric nor the culture debate can  dispute “documented facts”, maintains PETA India. “Jallikattu exploits bulls’ natural nervousness as prey animals by deliberately placing them in a  terrifying situation in which they are forced to run away from those they perceive as predators. AWBI  inspectors documented at numerous Jallikattu events that the bulls become so frightened by the menacing mob that they slip, fall, run into barriers and traffic, and even jump off cliffs, so desperate are they to escape,” says Poorva Joshipura, CEO, PETA India. It also squarely counters accusations of intending to wipe out native breeds of bulls.
In support of Jallikattu educationist Dhurgaadevi her opinion, “The  colonial hobby of horse racing was banned in Tamil Nadu during the 70’s.  But, has the ban really been implemented? No, even today, horse racing  happens in the same city within few kilometres. Let’s stop this narrow thought of giving petty reasons like  animal abuse, safety of the bull tamers, etc., let’s not compromise our heritage and culture for some foreign ideas.”
As demands from various quarters continued to pour in for holding Jallikattu, Tamil Nadu Chief Minister O Panneerselvam reaffirmed the resolve of his government to conduct the bull taming sport, saying it will “not back off” on the matter.  Panneerselvam also hit out at
arch-rival DMK for its criticism of the ruling AIADMK on the matter, saying it was the UPA regime, in which DMK was a key constituent, which issued a notification including bulls under the ‘performing animals’ category, making it unable to be used in the sport. “I and the Tamil Nadu Government, who follow in the footsteps of Amma (Jayalalithaa), will ensure that Jallikattu is held. We will not back off even a bit.”
Earlier, AIADMK General Secretary VK Sasikala (Chinnamma) wrote a letter to Prime Minister Narendra Modi seeking promulgation of an ordinance for conduct of the Jallikattu, noting that the ban on it had caused “resentment” in the State.    
Meanwhile, a day after the Tamil Nadu Government urged the Centre to consider promulgating an ordinance to enable the conduct of the sport, Union Environment Minister Anil Madhav Dave said the matter should be looked into, especially when there is no violence involved in the sport and it has been a tradition of a society.
Anil Madhav Dave who met a  delegation led by Deputy Speaker of Lok Sabha and AIADMK MP M Thambidurai on January 11 regarding this issue also blamed the previous Congress-led UPA Government for including bulls in the list of animals prohibited from being exhibited or trained as performing animals.
Till the time story was filed there are already reports coming that ‘Jallikattu’ is being celebrated in many parts of Tamil Nadu as a mark  of protest.                                        

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