Jallikattu Kambala
Bullock-cart race
Prevention of Cruelty to Animals Act 1960
Article 254(2) Presidential assent
Entry 17 List III
Case Summary: Animal Welfare Board of India & Ors. vs Union of India & Anr. (2023)
Case Stats
- Court: Supreme Court of India (Constitution Bench)
- Citations: (2023) 05 SC CK 0080
- Case Nos.: W.P.(C) Nos. 23–27 & 88 of 2016; 1011, 1059, 1188, 1193 of 2017; 6, 8 & 1152 of 2018; T.C. (C) No. 60 of 2021; SLP(C) No. 3528 of 2018
- Date of Decision: 18-05-2023
- Bench: K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C.T. Ravikumar, JJ.
- Parties: Petitioners: Animal Welfare Board of India & Ors.; Respondents: Union of India & Ors.; Connected matters include challenges from/relating to Tamil Nadu, Karnataka, and Maharashtra.
[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/t/2369076-animal-welfare-board-of-india?s=&refine_search=&s_acts=
Key Prior / Referred Judgments
- Animal Welfare Board of India v. A. Nagaraja & Ors., (2014) 7 SCC 547
- Gram Panchayat of Village Jamalpur v. Malwinder Singh, (1985) 3 SCC 661
- Hoechst Pharmaceuticals Ltd. v. State of Bihar, (1983) 4 SCC 45
Facts of the Case
- AWBI v. A. Nagaraja (2014) outlawed Jallikattu and bullock-cart races as violative of the Prevention of Cruelty to Animals Act, 1960 (PCA).
- Subsequently, MoEF&CC issued GSR 13(E) dated 07-01-2016 permitting certain traditional events (Jallikattu, Kambala, bullock-cart races) subject to conditions.
- States enacted the PCA (Tamil Nadu Amendment) Act, 2017; PCA (Karnataka Second Amendment) Act, 2017; and PCA (Maharashtra Amendment) Act, 2017—each receiving Presidential assent—to regulate and permit these traditional sports.
- Multiple writ petitions challenged the 2016 notification and the 2017 State Amendment Acts; a farmer’s SLP (C) No. 3528/2018 assailed a Bombay High Court restraint on bullock-cart races.
Law Points / Issues Raised
- Whether the State Amendments are referable, in pith and substance, to Entry 17, List III (prevention of cruelty to animals) and valid under Article 254(2) (with Presidential assent), or are colourable/repugnant to the PCA Act, 1960.
- Whether Jallikattu/Kambala/bullock-cart races form part of cultural heritage protected by Article 29 and are consistent with Articles 14 & 21 read with Articles 51A(g)–(h) and Directive Principles (Article 48).
- Whether the State enactments overcome the defects noted in AWBI v. A. Nagaraja (2014) and comply with constitutional and statutory safeguards against cruelty.
- Scope and effect of Presidential assent, and interplay with MoEF&CC notification under Section 22 of the PCA.
Acts / Provisions / Articles Referred
- Constitution of India: Articles 14, 19, 21, 25(1), 26(a)-(b), 29, 48, 51A(g)-(h), 254(1)-(2).
- Seventh Schedule: Entry 17, List III (Prevention of cruelty to animals; protection of animals).
- Prevention of Cruelty to Animals Act, 1960: Sections 3, 11(1)(a), 11(1)(m), 11(3)(a)-(e), 22.
- MoEF&CC Notification GSR 13(E) dated 07-01-2016 (Section 22).
- State Amendments: TN (2017), Karnataka (2017), Maharashtra (2017).
Obiter Dicta (Notable Observations)
- The constitutional scheme allows State-specific regulatory models addressing local traditions while ensuring animal welfare; ‘culture’ is a relevant, but not decisive, factor—laws must embed safeguards that genuinely mitigate cruelty.
- Presidential assent under Article 254(2) is not a mere formality; where State law substantially occupies a concurrent field, a reasoned assent validates divergence from central legislation.
Ratio Decidendi
- The 2017 State Amendments are, in pith and substance, measures within Entry 17, List III aimed at regulating and preventing cruelty while permitting culturally rooted events under stringent safeguards.
- With valid Presidential assent (Article 254(2)), the State enactments prevail in their respective States notwithstanding prior judicial findings under the unamended PCA framework.
- The defects identified in AWBI v. A. Nagaraja (2014) are addressed via statutory frameworks mandating registration, veterinary oversight, event-specific safety protocols, and penal consequences for violations.
Final Ruling / Disposition
- Writ petitions challenging the State Amendment Acts dismissed; the Acts upheld as constitutionally valid within their States.
- Connected SLP from Maharashtra (farmer challenging HC restraint) allowed to the extent of setting aside the restraint, subject to adherence to statutory safeguards and rules.
- Events (Jallikattu/Kambala/Bullock-cart races) may be conducted strictly per the respective State Acts/Rules; cruelty prohibitions under PCA continue to apply and violations are actionable.
Summary (One-Paragraph)
The Constitution Bench upheld State amendments permitting Jallikattu (TN), Kambala (Karnataka) and bullock-cart races (Maharashtra), holding that these laws fall within Entry 17 List III as regulatory measures aimed at preventing cruelty while recognising cultural practices, and that Presidential assent under Article 254(2) validly enables State-specific departures from the central PCA regime. Challenges to the amendments failed; the connected restraint against bullock-cart races was lifted subject to strict statutory safeguards. The Court reaffirmed that animal welfare remains paramount—events may proceed only within tightly regulated frameworks and any cruelty remains punishable.