N.G. Jayasimha v. Union of India

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N.G. Jayasimha v. Union of India

This is a review petition in the case of Animal Welfare Board of India v. Union of India, which upheld the legality of the traditional sport of Jallikattu in Tamil Nadu.

Petitioners Arguments

The Constitution Bench failed to appreciate that, in A. Nagaraja , Jallikattu and other similar "bovine sports" were held to amount to animal cruelty per se. Although after the judgment, the Tamil Nadu government passed an amendment to the Prevention of Cruelty to Animals Act, 1960 , which modified the way in which Jallikattu took place, the same did not do away with the inherent cruelty that prevails in Jallikattu. The state amendments and the Rules lack legislative competence since they explicitly seek to exempt Jalikattu from the provisions of the 1960 Act, in direct contravention of the Act’s underlying intent of preventing cruelty against animals. Animals may not have rights equivalent to human beings under Article 21 of the Constitution, but they have a core threshold of rights, including the right to live with dignity, the right to be free from unnecessary suffering, and the right against torture.

Responders Arguments

The respondents have not put forth their arguments.

Start Date

2023-07-03

Card Stage Date

2025-07-31

Review Petition No

R.P.(C) No. 892/2023

Case Status

Pending

Bench Status

Not Constituted

Subject Matter

Civil Law

Pendency

2 years, 11 months, 10 days

5 Judge Bench

Miscellaneous

Consider As Stage Of Pendency

true

Date of institution of case

This case is a review petition filed on the judgement in Animal Welfare Board of India v. Union of India , which upheld the legality of the traditional sport of Jallikattu in Tamil Nadu. In 2006, the Madras High Court banned the sport , stating that it was in violation of the Prevention of Cruelty to Animals Act, 1960 . In 2009, the Tamil Nadu government passed the Tamil Nadu Regulation of Jallikattu Act 2009 , which, while permitting the conduct of the sport, issued guidelines that organisers of Jallikattu had to adhere to. In 2011, the Ministry of Environment and Forests, through a notification added bulls to its list of animals that could not be trained or exhibited as performing animals. In 2014, the Supreme Court, in Animal Welfare Board of India v. A. Nagaraja [(2014) 7 SCC 547] banned Jallikattu and struck down the Tamil Nadu Regulation, 2009 on the ground that it was repugnant to the provisions of 1960 Act (and therefore violative of Art. 254(1) ). In 2017, the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 was passed, which effectively exempted the application of the Prevention of Cruelty to Animals Act to Jallikattu. The petitioners challenged this Act as well, and the Supreme Court after hearing the matter, felt that there were substantial questions relating to the interpretation of the Constitution and referred the matter to a Constitution Bench. On 18th May 2023, the Constitution Bench upheld the sport of Jallikattu in its judgment. It held that Jallikattu is a cultural practice and does not violate the provisions of the 1960 Act. Since a 5- judge bench gave the decision in the Animal Welfare Board case, this review petition will be placed before a 5-judge bench.

Are “ bovine sports ” inherently cruel, as held in the A. Nagaraja judgment? Do the Tamil Nadu amendment and the Rules lack legislative competence for violating the intent of the Prevention of Cruelty to Animals Act, 1960 ? Do animals have a core threshold of rights, including the right to live with dignity, the right to be free from unnecessary suffering, and the right against torture?

Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017

The court has not pronounced any order in the case.

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Source Of Info

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