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Lex Witness gets into a coffee table interaction with Professor Dr. K. Parameswaran, Gujarat National Law University, Gandhinagar, on the current issue of Jalli-kattu of Tamil Nadu. Having born and brought up in Madurai, Southern Tamil Nadu where Jalli-kattu takes place since 1000s of years, he unravels the core issue to explain new legal insights.
Jalli-kattu in simple terms is coins-packed on bull’s horn as prize for bull-tamers. Age-old tradition in Southern Tamil Nadu dating back to references in Sangam literature, jalli-kattu went through different forms as culture, sports, entertainment etc. Initially as bull-embracing, then as bullracing and now as bull-taming, this sporting event between man and bull is a celebration of harvest day or Winter Solstice (Makara Sankaranthi known as Pongal in Tamil Nadu). Cows and bulls are worshipped for services they render to agrarian life-style in which this bull-sport is a central event. However, like practice of any tradition becomes vulnerable to exploitation in course of time, jalli-kattu resulted in abuse of bulls with bulls and men getting seriously hurt while taming or watching. Animal Rights activists petitioned Supreme Court of India for violation of animal welfare legislations when bulls were inflicted with cruelty to bring wrath and rage for bulls against tamers. Pro jalli-kattu activists agitate that it is their Right to Culture under Art. 29 (1) of Indian Constitution besides other counter claims.
Indian Supreme Court banned jalli-kattu in 2014 through its judgment (Animal Welfare Board of India Vs. A. Nagaraja). However, in the last week of January, 2017, Tamil Nadu brought a new draft-law permitting jalli-kattu, which the Supreme Court did not stay but agreed to hear a plea against it in the coming hearing. Initially, Tamil Nadu passed Tamil Nadu Jallikattu Regulation Act, 2009 (TNJRA) to deal technically with Prevention of Cruelty to Animals Act, 1960 (PCA Act). Section 3 (PCA Act) specifies ‘Duties of persons having charge of animals’ to take, ‘all reasonable measures to ensure well-being of animals and prevention of infliction of unnecessary pain or suffering on animals’. Section 11(1)(a) (PCA Act) specifies ‘Cruelty to Animals Generally’ as ‘treating animals cruelly if any person; beats, kicks, over-rides, overdrives, over-loads, tortures or otherwise treats any animal and subject it to unnecessary pain or suffering. Section 11(1)(m) (PCA Act) specifies entertainment through performance of animals. Section 22 (PCA Act) restricts ‘exhibition and training of performing animals, unless it is registered as per PCA Act, and empowers Central Government to notify through Official Gazette, animals which shall not be exhibited or trained as performing animals. A Notification issued by Central Government (11.7.2011) stated that bull shall not be used in jalli-kattu. When Animal Welfare Board of India (AWBI under Section 4 of PCA Act for animal welfare and protection against cruelty) submitted evidences of cruelty to jalli-kattu bulls in Tamil Nadu, Indian Supreme Court accepted and enlisted gross violations of provisions of PCA Act (pages 17-32 of the judgment) in jalli-kattu event. Other legislations relating to wild-life, biodiversity etc are also in legal scene now.
A new draft-law on jalli-kattu made last week wants De-notification of bull and insertion of a new clause ‘f’ in subsection (3) of Section 11. They want jalli-kattu to happen under celebration of traditional Tamil culture, sport and part of sustainable agrarian life-cycle. Heated arguments are expected under Right to Culture under Article 29 (1) of Indian Constitution, issues like native cattle inbreeding and its extinction, importation of breeds from other countries, agriculture, farming ethos, cow-milk’s quality (A1 vs A2), nutrition and diseases, international trade, youth and sports, discrimination against cow with respect to other animals etc., are occupying the present state of situation.
In my understanding based on integral dimension of law, three core issues must be addressed first. One, what is a reasonable measure to ensure well-being of animals? Two, how do you define cruelty resulting in unnecessary pain or suffering? Three, how do you define an entertainment with animals? Owing to existing lack of clarity of understanding or equality of treatment of these issues, the ‘un-even or unfair application of anti-cruelty laws’ results in pro and anti-jalli-kattu rights and arguments. For example, consider the following: if playing with bull (jalli-kattu) without cruelty is not a reasonable measure to ensure well-being of bull or it amounts to unnecessary pain or suffering to bull, how do we then understand use and performance of various animals for government and military purposes exempted under PCA Act? Is it because a legal Act exempted it? Can then a legal Act exempt pain or suffering of animals? Why is this discrimination only against bull? If jalli-kattu itself as a sport is cruelty to bull without unnecessary pain or suffering, how do we justify animal shows of entertainment where animals are conditioned to behave? How are we to justify killing of animals for human consumption or medical testing for health benefits? Are we supposed to discriminate between different kinds of pain or suffering to animals, no matter how animals feel? Do animal rights and welfare jurisprudence discriminate between different species of animals?
“In my understanding based on integral dimension of law, three core issues must be addressed first. One, what is a reasonable measure to ensure well-being of animals? Two, how do you define cruelty resulting in unnecessary pain or suffering? Three, how do you define an entertainment with animals?”
Practically, animal liberation if at all taken to its logical conclusion, must be total and un-qualified without any discrimination between animals, purposes or motives in dealing with animals. It should also be without country-context and jurisdiction specific exceptions. If not, how can we call it a liberation when lots of contradictions exist? There are lots of inconsistencies in the understanding and application of animal welfare and rights. Even, religious sacrifices of animals are under question. Are not human rights absolutely inviolable without exceptions to place, context and motive? Is there any reason for why we should not extend the same to animals? Unless these misconstructions are resolved by social collectivity, law and order problems will always emerge in relationship between human beings and animals in one way or other, in one place or another.
Currently, law and legal systems are largely anthropo-centric (importance to humankind) in nature heavily influenced by legal thoughts of species-ism (human nature is superior and exploitation of animals is negotiable) and utilitarian-ism (greatest happiness of greatest number). As a result, in our collective planetary life, human beings alone are ‘persons to claim rights’ or to ‘suffer pain and loss’ or to gain ‘good and profit’ through laws assisting the substantive and procedural legislations for remedification. Are animals and plants then less in value than humankind? This logic and reasoning seems to have come from the superficial observation that animals and plants are less-mental in their awareness and hence their choices which give rise to rights cannot be fully substantiated by the scientific theories of mind where mind undergoes suffering or happiness by which loss or gain is legally understood. If animals are legally considered as different from human nature, why are animals then legally taken for medical testing for human health benefits? Does not medical testing of animals for human health signify something common to both human beings and animals? Does it mean that legally mind is the factor to decide whether or not pain can be attributed to life?
In any case, the relationship between human beings and other evolutionary stages of life (animals and plants) needs to be harmonious to the extent inequality does not bring imbalance and threat to planetary life itself. Sustainable development, climate change, global warming and biodiversity have brought all beings, animate and inanimate together. True justice to life cannot be one-sided, partial or develop from favoritism if phenomenon behind all life is one. There cannot be any suppression of liberty to any form of life or lack of compassion to cosmic spirit and universal rhythm of life which in fact creates and sustains all biological and organic forms of particles in plants, animals and human beings. Do we have a right over what we have not created? This bigger question must be introspected in the coming future when all life is seen as one single continuum of light-energy waves though it looks we are not yet ready for a collective discussion as inequalities of other kinds compete for immediate justice. However, we cannot create an imbalance in this issue of naturehuman relationship as it is a primary foundation. We cannot take casually and deal carelessly with that fundamental element which binds, holds, sustains and prolongs all through defensive arguments of age-old customs and traditions. In another context, sociologically speaking, the custom of Sati is given up both culturally and legally as it cannot stand human awareness even for a fraction of second, today. Thus, an issue that law and society are struggling to solve must be seen in higher and holistic understanding and society must collectively consider application of knowledge of life, from all angles. Jalli-kattu as an issue of bull, cattle or livestock point to our lack of integral view, understanding and knowledge of life, world and our planetary existence. Integral dimension of law can open the gateway for greater jurisprudence and well-being of all; human beings, nature, flora and fauna.
Why are Judiciary, Legislature and Executive facing a difficulty in resolving this conflict in spite of their Constitutional powers to bring an amicable solution?
This is a classic struggle of law and social transformation where three organs of State is in conflict. Integral theory holds, when law is made for the sake of life, law must rise from the understanding and knowledge of life from all angles. Unless society accepts this integral knowledge and comes forward collectively to solve its problems through creative and participative legal advocacy, law and society or State and its three organs cannot find amicable solutions. Constitution holds the key where we see rights, duties and directive principles on how to live in society. Entries in Lists I, II and, III of Seventh Schedule show how things are interdependent and not independent or cut off from one to another. Such is the case with tripartite structure of law that we see in State and its three organs, who must think and act in unison. Yet another way to look at these kinds of issues, is to integrate natural, positive and real schools of law, or look for pragmatic holism. Integral theory of law suggests a deeper clue; a consideration of intuition and consciousness as a source for legal logic and reasoning. Legal research must include intuitive reasoning and not stop with inductive and deductive reasoning alone. Lastly, environmental science, transpersonal psychology and technological advancements are bridging the gap of knowledge between pure sciences and humanities. Should not law and society seriously look into this if we all want a meaningful fulfillment to life as a whole? Legal futurism must become a building block for present and successive generation to create stable new age.
The LW Bureau is a seasoned mix of legal correspondents, authors and analysts who bring together a very well researched set of articles for your mighty readership. These articles are not necessarily the views of the Bureau itself but prove to be thought provoking and lead to discussions amongst all of us. Have an interesting read through.
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