JALLIKATTU” is Protected under Article 29(1) of the Constitution – Dr. Swami Appeals to court.
Samaj Vikas Samvad,
Chennai,
JALLIKATTU” is Protected under Article 29(1) of the Constitution, JALLIKATTU- Dr Swami Appeals to court, JALLIKATTU to sustain Ethnic Cattle Breeds, Jallikattu known as Manju Virattu.
Jallikattu is also known as Manju Virattu (running of bulls) or Vada Manju Virattu in certain regions of Tamil Nadu.
Before Jallikattu,
The villagers and the visitors take these specially bred bulls to the procession with heroes welcome with veneration of the holiness.
The festival, the practice of rearing such bulls, is a culturally traditional age-old practice to protect their ethnicity and progeny.
these are “Intangible Cultural Heritage”, traditions with social values help immensely to maintain these holy traits.
Jallikattu is indubitably a cultural celebration of certain Tamil Communities for the past 20 centuries.
The Tamil communities practice and sustain such distinct Heritage
and the constitution of India protects all the Cultural traditions under Article 29(1).
and they have a fundamental Constitutional right to conserve the same subject of course to reasonable restrictions arising from issues of morality,
health, and public order.
JALLIKATTU – The Tamil Communities practicing Jallikattu.
JALLIKATTU- Dr Swami Appeals to court
The Tamil Communities practicing Jallikattu not only have a right to conserve that distinct cultural practice under Article 29(1),
they also deem it as an important part of their fundamental duties –
to value and preserve the rich heritage of the composite culture to which Jallikattu also belongs. (Article 51A (f)).
JALLIKATTU— Temple Bull’s System is one among them.
JALLIKATTU- Dr Swami Appeals to court
The Jallikattu is a part and parcel of Hindu Religion as practiced in most villages in Tamil Nadu,
and it involves the ancient ‘Temple Bull System’
which is still in vogue in these villages.
Rearing and maintaining a stud bull is a 24×7, labor-intensive and expensive affair.
Since stud services are free in Tamil Nadu even today, it provides no revenue to the owner.
The poor farmers of the village, who might have one or more cows,
cannot afford to have a stud bull of their own.
Hence the whole village collectively adopts a stud bull and designates it as the ‘Temple Bull’.
The entire village pampers the temple bull;
its only task is to provide free stud service to the village cows.
JALLIKATTU— Stark contrast to Western ideology.
The bulls are reared in the village To maintain the diversity of the gene pool.
Depending on the number of cows in the village,
the village may adopt more than one stud bull as temple bulls.
Some of the more affluent people of the village would also come forward to rear stud bulls as a service to the villagers.
This is a fine example of the Indian mindset of serving the community-
expecting nothing in return, which is in stark contrast to Western ideology.
In every three years The designated Temple Bull gets changed;
exchanged with the temple bull of another village,
to avoid inbreeding by preventing the bull from mating with its own calf.
Thousands of years ago,
our ancestors in Tamil Nadu practiced what modern Western science has ‘discovered’ today!
Jallikattu is the religious and cultural function to honor the Temple bull,
other stud bulls, and their owners for their selfless service during the annual Temple Festival for the presiding deity (Grama Devata) of that village.
JALLIKATTU – The Prevention of Cruelty to Animals Act, 1960.
There is no provision in the Prevention of Cruelty to Animals (PCA) Act,
1960 that could support enforcement of a permanent ban on Jallikattu or even for a limited period.
This Hon’ble Court had relied on Clauses (a) and (m) of sub-section 1 of Section 11 of the PCA Act, 1960 besides Section 3 of the said Act,
while imposing a permanent ban on Jallikattu and similar sports in its judgment dated 07-May-2014.
This Hon’ble Court also held that the rights of the Bulls under Sections 3 and 11 of the PCA Act;
read with Articles 51A(g) & (h) are cannot be taken away or curtailed,
except under Sections 11(3) and 28 of the PCA Act.
The Jallikattu bulls get divine treatment with no intentional cruelty at all.
above all the constitution of India under Article 29(1) protects the cultural rights of jallikattu,
therefore the controversies raised by the so-called animal rights activists lack in-depth knowledge of the facts and figures.
JALLIKATTU— Such provisions would be hit by Article 13 of the Constitution of India.
Even the process of banning Jallikattu under the provisions of the PCA Act will not stand,
as the constitution of India’s article 13 will ensure the upholding of the fundamental rights of the Tamil people.
we can not in any way, mean or manner- take away the fundamental rights of the people.
It can be subject to reasonable regulations that do not take away or alter the character of the said fundamental right.
A ban on Jallikattu – an ancient practice that is both cultural and religious –
is not only unconstitutional – it is also in violation of the Doctrine of Proportionality.
The concept of Proportionality is an integral criterion of fairness and justice in the statutory interpretation process -, especially in Constitutional law.
Those who are opposing these ancient traditions must understand that there must be a fine balance between the corrective measures and the prohibitory acts of our society.
we may apply the Proportionality doctrine in these cases of fundamental rights.
There cannot be a blanket ban on the practice of Jallikattu citing certain acts of cruelty,
that are alleged to be caused or have been caused in the past by some of the owners of the Bulls or by the participants of Jallikattu.
JALLIKATTU is Protected – Dairy farmers use steroids for enhancing milk production.
That would be akin to banning milk production since some unscrupulous traders indulge in adulteration of milk or,
some dairy farmers use steroids for enhancing milk production.
we cannot do away with Jallikattu,
especially when it is a beneficial practice and a distinct culture of Tamil Communities-
who has a fundamental right to conserve it?
The government of Tamil Nadu has taken many steps since 2009 to ensure that;
the organizers do not abuse any Jallikattu bulls in the event.
The Central Government issued a Notification dated 07.01.2016 for the adoption of many precautionary procedures before the celebration of Jallikattu.
These procedures include the test of the bulls by the authorities of the Animal Husbandry and Veterinary Department,
and the jallikattu enclosure location and sizes, etc.
There can be reasonable restrictions or regulations to ensure that the fundamental rights are observed in a humane manner and to ensure public order and health.
However, the court cannot abrogate the fundamental rights of the people in the name of regulating them.
Jallikattu known as Manju Virattu – Need to sustain the progeny of invaluable Ethnic Cattle Breeds.
The need to sustain the progeny of invaluable Ethnic Cattle Breeds through Jallikat, The ethnic cattle breeds of Tamil Nadu belong to the category of Bos Indicus cattle or Zebu cattle.
These cattle are essential for the agricultural ecosystem of the land and there can be no natural farming without these cattle.
The ethnic cattle produce five key essentials for the human society,
which are, Cow dung, urine, milk, ghee, and curd,
together we know these as “Panchakavya”.
and the contribution of Panchakaya to the agricultural farms and to Ayurveda science is immeasurable.
Many of the Ayurveda medicines are based on Panchakavya or on any of the five produces which the desi cattle alone can produce through its extraordinarily beneficial gut biome,
…
JALLIKATTU, Protected under Article 29(1), Constitution,
JALLIKATTU- Dr Swami Appeals to court , Samaj Ka Samvad,
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JALLIKATTU to sustain Ethnic Cattle Breeds,
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