THE ANIMAL WELFARE BOARD OF INDIA AND ORS. versus UNION OF INDIA & ANR

Citation: [2023] 7 S.C.R. 426 · Decided: 18-05-2023 · Supreme Court of India · Bench: K.M. JOSEPH

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 7 S.C.R.
[2023] 7 S.C.R. 426
426
THE ANIMAL WELFARE BOARD OF INDIA AND ORS.
v.
UNION OF INDIA & ANR.
(Writ Petition (Civil) No. 23 of 2016)
MAY 18, 2023
[K. M. JOSEPH, AJAY RASTOGI, ANIRUDDHA BOSE,
HRISHIKESH ROY AND C. T. RAVIKUMAR, JJ.]
Prevention of Cruelty to Animals Act, 1960 – Prevention of
Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 – Prevention
of Cruelty to Animals (Maharashtra Amendment) Act, 2017 –
Prevention of Cruelty to Animals (Karnataka Second Amendment)
Act, 2017 – Held: The expressions Jallikattu, Kambala and Bull
Cart Race as introduced by the Amendment Acts of the three States
have undergone substantial change in the manner they were used
to be practiced or performed and the factual conditions that
prevailed at the time the A. Nagaraja judgment was delivered cannot
be equated with the present situation – The Supreme Court cannot
come to the conclusion that in the changed circumstances,
absolutely no pain or suffering would be inflicted upon the bulls
while holding these sports – But the Court is satisfied that the large
part of pain inflicting practices, as they prevailed in the manner
these three sports were performed in the pre-amendment period have
been substantially diluted by the introduction of these statutory
instruments.
Prevention of Cruelty to Animals Act, 1960 – Prevention of
Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 – Is the Tamil
Nadu Amendment Act referable, in pith and substance, to Entry 17,
List III of the Seventh Schedule to the Constitution of India, or does
it further and perpetuate cruelty to animals; and can it, therefore,
be said to be a measure of prevention of cruelty to animals? Is it
colourable legislation which does not relate to any Entry in the
State List or Entry 17 of the Concurrent List – Held: The Tamil Nadu
Amendment Act is not a piece of colourable legislation – It relates,
in pith and substance, to Entry 17 of List III of Seventh Schedule to
the Constitution of India – It minimises cruelty to animals in the
concerned sports and once the Amendment Act, along with their
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Rules and Notification are implemented, the bovine sports would
not come within the mischief sought to be remedied by Sections 3,
11(1) (a) and (m) of the 1960 Act.
Prevention of Cruelty to Animals Act, 1960 – Prevention of
Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 – The Tamil
Nadu Amendment Act states that it is to preserve the cultural heritage
of the State of Tamil Nadu – Can the impugned Tamil Nadu
Amendment Act be stated to be part of the cultural heritage of the
people of the State of Tamil Nadu so as to receive the protection of
Article 29 of the Constitution of India – Held: Jallikattu is a type of
bovine sports – It is going on in the State of Tamil Nadu for at least
last few centuries – But whether this has become integral part of
Tamil culture or not requires religious, cultural and social analysis
in greater detail, which is an exercise that cannot be undertaken by
the Judiciary – The question as to whether the Tamil Nadu
Amendment Act is to preserve the cultural heritage of a particular
State is a debateable issue which has to be concluded in the House
of the People – This ought not be a part of judicial inquiry – This
question cannot be conclusively determined in the writ proceedings
– Since legislative exercise has already been undertaken and
Jallikattu has been found to be part of cultural heritage of Tamil
Nadu, the Court would not disrupt this view of the legislature.
Prevention of Cruelty to Animals Act, 1960 – Prevention of
Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 – Is the Tamil
Nadu Amendment Act, in pith and substance, to ensure the survival
and well-being of the native breed of bulls? Is the Act, in pith and
substance, relatable to Article 48 of the Constitution of India – Held:
The Tamil Nadu Amendment Act is not in pith and substance, to
ensure survival and well-being of the native breeds of bulls – The
said Act is also not relatable to Article 48 of the Constitution of
India – Incidental impact of the said Amendment Act may fall upon
the breed of a particular type of bulls and affect agricultural
activities, but in pith and substance the Act is relatable to Entry 17
of List III of the Seventh Schedule to the Constitution of India.
Prevention of Cruelty to Animals Act, 1960 – Prevention of
Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 – Does the
Tamil Nadu Amen

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