Compassion Unlimited Plus Action v/s. Union of India
- Vatsal Mehrotra
- May 24, 2020
Content :
This petition was filed with the prayer of an appropriate writ in order to quash the notification No. G.S.R. 13(E) dated 7-1-2016 issued by the Union of India. Another appeal sought with this petition was the compliance of the law as laid down in A. Nagaraja Case. The main reason behind the prayer for a stay on the notification was the blatant exploitation of the legal loopholes by the government, by deliberately excusing ‘Jallikattu Bulls’ from the list of animals banned to be exhibited or trained as performing animals without even removing the term ‘Bulls’ and it simply modified the previous order issued by the Ministry of Forest and Environment on 11th July, 2011. Thereby, the history and origin of this case precedes even the Nagaraja Case. In 2006, the ban on the Jallikattu sport was placed for the first time by a single judge bench of the Madras High Court, due to the cruelty associated with this sport. However, this order was over-turned by the Division Bench of the Madras High Court, in an appeal, which granted the permission to carry out this sport but under certain conditions. Regrettably, the sport of Jallikattu continued without any regards to the conditions placed by the Madras High Court. To this the Animal Welfare Board of India put out a notification which banned the exhibition and training of the bulls as the performing animals. And, subsequently, in the Nagaraja Case, the Supreme Court was approached by the petitioners with an appeal against the order of the High Court and enforcing its notification regarding banning of the bulls as performing animals.
Thereby, it can be established that the Compassion Unlimited case , has its origin in the continuance of the illegal practice of Jallikattu and with this the Supreme Court has sort to show without any shadow of doubt that the Constitution of India is an organic and compassionate constitution and Jallikattu and other forms of bull races are in contravention to the Prevention of Cruelty to Animals Act, 1960 ( hereinafter, PCA Act).
