Moot Jallikattu

MOOT PROPOSITION
Animal Welfare Board versus Union of India
The Tamil word – Jallikattu – refers to gold or silver coins tied to the bulls’ horns. In
the olden days, people used to fight to get the coins; this was depicted as an act of
bravery. Later, it became a sport conducted for entertainment in which a fast-moving
bull was confined with ropes around its neck. It has now assumed different forms like
bull race etc. which is based on the concept of flight and fight and all such events
involve taming of bulls resulting in possible death to few and injury to many
participants. The basis for the law on the aspect is to be found in the Concurrent List 1
meaning thereby that both the Union Parliament and State Legislatures are competent
to enact the particular piece of legislation, the matter being of common interest to
both. The Constitution of India prescribes the mechanism which has to be followed
when both legislate on the same fields of legislation 2 as also when legislation made
by one has to be prevail over another and in what circumstances. 3
In exercise of the powers conferred by section 224 of the Prevention of Cruelty to

Animals Act, 1960 (hereinafter referred to as the Act of 1960), the Ministry of
Environment and Forests, Government of India, issued a Notification dated
11.7.2011, in supersession of the previous Notification dated 14.10.1998 prescribing
that animals like Bulls shall not be exhibited or trained as performing animals.
Challenge to the aforesaid Notification fell before the High Court of Bombay in
Gargi Gogai v. State of Maharashtra. 5
Earlier, the Tamil Nadu Regulation of
Jallikattu Act, 2009 passed muster before the High Court of Madras in K
Muniasamythevar v. Superintendent of Police. 6
These judgements were assailed in
Animal Welfare Board of India v. A Nagaraja 7
(hereinafter referred to as Animal
1
The Constitution of India, Sch VII, List III Entry 17.
2
Id. at art. 246.
3
Id. at art. 254.
4
It deals with restriction on exhibition and training of performing animals.
5
2012 SCC On Line Bom 1934.
6
2007 SCC On Line Mad 249.
7
(2014) 7 SCC 547.
Welfare Board I) which also dealt with another writ petition filed by People for
Ethical Treatment of Animals (PETA). Certain directions to the Board, Central/State
Governments, Union Territories with exhortation to the Parliament were issued.
Subsequently, review petitions came to be filed by the State of Tamil Nadu by way of
Chief Secretary to the Government of Tamil Nadu v. Animal Welfare Board 8
(hereinafter referred to as Animal Welfare Board II) which was dismissed being
devoid of merit. In the meantime, another Notification came to be issued by the
Government of India. This came to be challenged in Animal Welfare Board of India
v. Union of India 9 (hereinafter referred to as Animal Welfare Board III) which also
sought a direction to the Central Government to comply with the directions issued in
Animal Welfare Board II. During the pendency of the said writ petitions, the State of
Tamil Nadu passed an amending Act of 2017. Considering that the issues now having
fallen for consideration would require an adjudication by a Constitution Bench,
certain questions have been formulated by the referral Division Bench.
Following six questions, amongst others, are before a Constitution Bench for a fresh
statement of law:-
(1) Is the writ petition maintainable at the instance of the Animal Welfare Board?
(2) Is the Tamil Nadu Amendment Act referable, in pith and substance, to
Schedule VII List III Entry 17 to the Constitution of India, or does it further
perpetuate cruelty to animals; and can it, therefore, be said to be a measure of
prevention of cruelty to animals? Is it a colourable legislation which does not
relate to any Entry in the State List or Entry 17 of the Concurrent List?
(3) The Tamil Nadu Amendment Act states that it is to preserve the cultural
heritage of the State of Tamil Nadu. Can the impugned Tamil Nadu
Amendment Act be stated to be part of the cultural heritage of the people of
8
(2017) 2 SCC 144.
9
(2018) 2 SCC 645.
the State of Tamil Nadu so as to receive the protection of Article 29 of the
Constitution of India?
(4) Is the Tamil Nadu Amendment Act, in pith and substance, to ensure the
survival and well-being of the native breed of bulls? Is the Act, in pith and
substance, relatable to Article 48 of the Constitution of India?
(5) Does the Tamil Nadu Amendment Act go contrary to Articles 51-A(g) and 51-
A(h), and could it be said, therefore, to be unreasonable and violative of
Articles 14 and 21 of the Constitution of India?
(6) Is the impugned Tamil Nadu Amendment Act directly contrary to the
judgement in A Nagaraja I (Supra), and the review judgement in A Nagaraja
II (Supra) in the aforesaid case, and whether the defects pointed out in the
aforesaid two judgements could be said to have been overcome by the Tamil
Nadu Legislature by enacting the impugned Tamil Nadu Amendment Act?
Either of the parties or counsel(s) on either side are at liberty to identify any other
question of law having a bearing on the matter and in such an event they/he/she will
ensure that their/his/her submissions on the score is backed sufficiently by grounds
with leading/latest authorities on the point.
Date of release of the proposition: 13 Dec 2022
Date of allotment of speakers, their issues: 14 Dec 2022
Date of submission of memorials: 02 Jan 2023
Date(s) of presentation: 09 Jan 2023 onwards till 13 Jan 2023

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MOOT PROPOSITION

Animal Welfare Board versus Union of India

In exercise of the powers conferred by section 224 of the Prevention of Cruelty to

Date of allotment of speakers, their issues: 14 Dec 2022

Date of submission of memorials: 02 Jan 2023

Date(s) of presentation: 09 Jan 2023 onwards till 13 Jan 2023

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