Jallikkattu notification stayed after Banumathi J. recuses

The Supreme Court today stayed the notification issued by the Ministry of Environment Forest and Climate Change which had permitted use of bulls for Jallikattu in Tamil Nadu and for bullock cart races in Maharashtra Karnataka, Punjab, Haryana, Kerala and Gujarat..A Bench of Justice Dipak Misra and NV Ramana issued notice in a batch of writ petitions challenging the impugned notification and listed the matter for further hearing on March 15..In 2011, the Centre had issued a notification banning use of various animals including bulls as performing animals. A Division Bench of the Supreme Court was called upon to examine the validity of the same. A Bench presided by Justice KS Radhakrishnan proceed to uphold the validity of the said notification by its 2014 judgment in Animal Welfare Board of India v. A Nagaraja and Others [2014) 7 SCC 547] and held that Jallikattu, Bullock-cart Race and such events violate Sections 3, 11(1)(a) and 11(1)(m)(ii) of Prevention of Cruelty Act. The said judgment had received much attention with the People of Ethical Treatment of Animal bestowing the “Man of the Year” award on Justice Radhakrishnan..The matter, however, did not end there. The government on January 7, 2016 issued a notification in suppression of its 2011 notification. The new notification carved out an exception for Jallikkattu and bullock cart races which stated the following:.“Provided that bulls may be continue to be exhibited or trained as a performing animal, at events such as Jallikattu in Tamil Nadu and bullock cart races in Maharashtra, Karnataka, Punjab, Haryana, Kerala and Gujarat in the manner by the customs of any community or practiced traditionally under the customs or as a part of culture, in any part of the country…”.The above exception also came with a number of conditions to ensure that “no unnecessary pain or suffering is inflicted or caused, in any manner, whatsoever, during the course of such events, or in preparation”..The said notification was challenged by a batch of petitions which came up for hearing today. The matter was initially listed before the Chief Justice’ Bench which comprised of Justice AK Sikri and Justice R Banumathi. But Justice Banumathi recused from the case since she had decided against Jallikkattu while she was a judge of the Madras High Court. The matter was therefore, shifted to Justice Dipak Misra’s Bench..A host of Senior Advocates appeared in the matter today for various petitioners. The list included Senior Advocates Aryama Sundaram, Sidharth Luthra, KK Venugopal, Anand Grover, R Venkataramani and Dushyant Dave. Attorney General Mukul Rohatgi appeared for the Central government while Senior Advocates L Nageswara Rao and Shekhar Naphade appeared for the State of Tamil Nadu..The Attorney General argued that writ petitions are not maintainable under Article 32 of the Constitution of India as the fundamental rights of the Animal Welfare Board and other petitioners are not affected by the notification. He submitted that the Court has not totally prohibited the participation of bulls in the Jallikattu, but only desired that care should be taken so that the bulls are not meted with cruelty. He argued that the notification lays down various measures to ensure that cruelty to the participating animals is avoided..The petitioners argued that the notification is in violation of the judgment of the Court in A Nagaraja..The Court after hearing the parties issued notice and stayed the notification. The case has now been posted for March 15.