Respondent Arguments

Organizers of Jallikattu and Bullockcart races, individually and collectively, took up the stand
that these events take place at the end of harvest season (January and February) and
sometimes during temple festivals which is traditionally and closely associated with village
life, especially in the Southern Districts of the State of Tamil Nadu. Organizers of Bullockcart
races in the State of Maharashtra also took the stand that the same is going on for the last
more than three hundred years by way of custom and tradition and that extreme care and
protection are being taken not to cause any injury or pain to the bullocks which participate in
the event. Organizers also submitted that such sport events attract large number of persons
which generates revenue for the State as well as enjoyment to the participants. Further, it was
also stated that no cruelty is meted out to the performing bulls in Bullockcart races so as to
violate Section 11(1)(a) of the PCA Act and the District Collector, Police Officials etc. are
always on duty to prevent cruelty on animals. Further, it is also their stand that the sport
events can only be regulated and not completely prohibited and the State of Tamil Nadu has
already enacted the TNRJ Act, which takes care of the apprehensions expressed by the Board.
The State of Tamil Nadu has also taken up the stand that every effort shall be made to see that
bulls are not subjected to any cruelty so as to violate the provisions of the PCA Act and the
sport event can be regulated as per the provisions of the TNRJ Act. Further, it was also
pointed out that the bulls taking part in the Jallikattu, Bullockcart Race etc. are specifically
identified, trained, nourished for the purpose of the said sport event and owners of Bulls
spend considerable money for training, maintenance and upkeep of the bulls. Further, the
State has also taken up the stand that the Bulls are performing animals, and since there is
no sale of tickets in the events conducted, Section 22 will not apply, so also the notification
dated 11.7.2011. State has also taken up the stand that complete ban on such races would not
be in public interest which is beingconducted after harvest season and sometimes during
temple festivals as well. The State of Maharashtra has not challenged the judgment of the
Bombay High Court and hence we have to take it that the State is in favour of banning the
exhibition or training of Bulls, whether castrated or otherwise as performing animals
Shri Rakesh Dwivedi, learned senior counsel appearing for State of Tamil Nadu, referring to
Section 11(3) of PCA Act, submitted that the Act does not prohibit the infliction of all forms
of pain or suffering on animals and hence Section 11(1)(a) has to be read and understood in
that context. Referring to Sections 11(1)(a), (g), (h), (j), (m) and (n), learned senior counsel

submitted that the expression unnecessary pain or suffering is not used in those clauses and
hence the events like Jallikattu, which do not cause that much of pain or suffering on the
animal, cannot be completely prohibited, but could only by regulated.
Shri Bali, learned senior counsel appearing for the organizers, highlighted the historical and
cultural importance of Jallikattu event and submitted that, taking into consideration the nature
of the event, the same would not cause any unnecessary pain or suffering to the Bulls which
participate in that event, so as to violate Section 3 or Section 11(1)(a) of PCA Act. Learned
senior counsel submitted that such events could be regulated under the regulations framed
under TNRJ Act as well as the additional safeguards taken by the State Government and the
proposed guidelines framed by MoEF. Learned senior counsel also submitted that the mere
fact that there has been some violation of the regulations would not mean that the entire event
be banned in the State of Tamil Nadu which, according to the learned senior counsel, will not
be in public interest. Learned senior counsel also referred to the manner in which such events
are being conducted world over, after taking proper precaution for the safety of the animals
used in those events.