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Animal Welfare Board of India vs. A. Nagaraj and Ors Jallikattu
‘’Jallikattu’ comes from the words, ‘calli’ and ‘kattu’ which means ‘coins’ and ‘package’ respectively; is a traditional, cultural and ritualistic sport involving the daring stance of men trying to establish claim over a bundle of coin tied to the horn of a raging bull. They provoke the animal in all sorts of barbaric ways, such as by prodding it or flinging chili powder into its eyes.
FACTS: The Indian legislature, with the intent to prevent the suffering and unnecessary infliction of pain on animals, promulgated the Prevention of Cruelty to Animals Act, 1960. Considering this, ought the practice of Jallikattu to continue unchecked in Tamil Nadu? The argument for allowing Jallikattu to continue was that it was traditional, and that it was customary.
HOLDING:
The SC held that “Any custom or usage irrespective of even any proof of their existence in pre-constitutional days cannot be countenanced as a source of law to claim any rights when it is found to violate human rights, dignity, social equality and the specific mandate of the Constitution and law made by Parliament. " in this case, the Jallikattu tradition caused harm to the bull. Animals have a fundamental right against the infliction of pain. https://lawtimesjournal.in/animal-welfare-board-of-india-vs-a-nagaraja-ors/