The apex court says that child marriage, too, was once a tradition but is now a crime
With the observation that a practice can't be justified merely in the name of 'tradition', the Supreme Court on Tuesday disapproved the Tamil Nadu government's prayer of Jallikattu being an "age-old tradition" practised far and wide in the state. Further, the court said child marriage was also once an "age-old tradition" before being declared a crime.
The observation came from a Bench headed by Justice Dipak Misra after senior advocate Shekhar Naphade, appearing for Tamil Nadu government, argued for a larger Bench to hear its plea for lifting the apex court's stay order on a notification, issued by the a central government in January this year, that paved the way for a return of the banned bull-taming sport.
The Bench responded that it would consider the plea for a larger Bench after hearing preliminary arguments on the constitutionality of the January notification. The court posted the matter to August 23.
Moving the Supreme Court in March, the state of Tamil Nadu had argued that if the Spanish Senate could have, in 2013, found the "far more cruel" sport of bullfighting being a part of its cultural heritage, there was nothing wrong in farmers practising Jallikattu in the semi-arid regions of Tamil Nadu.
The apex court ordered a stay of the notification on a batch of petitions filed by various NGOs such as Compassion Unlimited Plus Action, People for Ethical Treatment of Animals India and Federation of Indian Animal Protection Organisations.
The state has been claiming through affidavits that Jallikattu "traces its origins to the Indus Valley civilisation" and there are terracotta tablets to prove it. It also said that 'Jalli' is the name of a Yadav brave man with history dating back to the period of Lord Krishna. "Bull-baiting figures in the Mahabharata also describe Krishna controlling a ferocious bull in the forecourt of Kamsa's palace," Tamil Nadu government has already said.
Tamil Nadu contended that there was no reason for Jallikattu to be considered illegal when bullfighting in Spain, where the animal is killed, has been given constitutional protection as part of the country's cultural heritage.
The bloody sport of bullfighting is legal in at least eight countries including liberal and democratic countries like France, the state government argued.
It also said that Jallikattu inculcates the martial spirit. Youth who have traditionally taken part in Jallikattu have also been at the forefront of the armed struggle against the British, the government claimed.
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