Case: Chief Secretary to the Govt., Chennai Tamilnadu &amp; Others Vs. Animal Welfare Board &amp; Another

2. For adjudication of the review petition, certain facts need to be stated. On 11th July, 2011, the Ministry of Environment and Forests issued a Notification in exercise of powers conferred by Section 22 of the Prevention of Cruelty to Animals Act, 1960 (for brevity, the PCA Act) in supersession of the Notification of the Government of India in the erstwhile Ministry of Social Justice and Empowerment No.G.S.R.619(E) dated 14-10-1998. The relevant part of the Notification is extracted hereunder:-except as respects things done or omitted to be done before such supersession, the Central Government, hereby specifies that the following animals shall not be exhibited or trained as performing animals, with effect from the date of publication of this notification, namely:-1. Bears2. Monkeys3. Tigers4. Panthers5. Lions6. Bulls3. The said Notification could not have been allowed to be suffered in silence. The said Notification was challenged in the High Court of Bombay which upheld the validity of the Notification. In the meantime, it is necessary to note that the constitutional validity of the Tamil Nadu Regulation of Jallikattu Act, 2009 (for brevity, the 2009 Act) was called in question before the High Court of Madras, which upheld the same. The judgments from the High Courts of Bombay and Madras were assailed before this Court by various parties and this Court dwelled upon the controversy in Animal Welfare Board of India v. A. Nagaraja and Others, (2014) 7 SCC 547.   It is apt to mention here that a Writ Petition under Article 32 of the Constitution of India had also been filed by People for Ethical Treatment of Animals (PETA). All these matters were dealt with by a common judgment wherein this Court after adverting to many aspects recorded its conclusion and issued certain directions which are reproduced below:-1) We declare that the rights guaranteed to the Bulls under Sections 3 and 11 of PCA Act read with Articles 51A(g) & (h) are cannot be taken away or curtailed, except under Sections 11(3) and 28 of PCA Act.2) We declare that the five freedoms, referred to earlier be read into Sections 3 and 11 of PCA Act, be protected and safeguarded by the States, Central Government, Union Territories (in short Governments), MoEF and AWBI.3) AWBI and Governments are directed to take appropriate steps to see that the persons-in-charge or care of animals, take reasonable measures to ensure the well-being of animals.4) AWBI and Governments are directed to take steps to prevent the infliction of unnecessary pain or suffering on the animals, since their rights have been statutorily protected under Sections 3 and 11 of PCA Act.5) AWBI is also directed to ensure that the provisions of Section 11(1)(m)(ii) scrupulously followed, meaning thereby, that the person-in-charge or care of the animal shall not incite any animal to fight against a human being or another animal.6) AWBI and the Governments would also see that even in cases where Section 11(3) is involved, the animals be not put to unnecessary pain and suffering and adequate and scientific methods be adopted to achieve the same.7) AWBI and the Governments should take steps to impart education in relation to human treatment of animals in accordance with Section 9(k) inculcating the spirit of Articles 51A(g) & (h) of the Constitution.8) Parliament is expected to make proper amendment of the PCA Act to provide an effective deterrent to achieve the object and purpose of the Act and for violation of Section 11, adequate penalties and punishments should be imposed.9) Parliament, it is expected, would elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honour.10) The Governments would see that if the provisions of the PCA Act and the declarations and the directions issued by this Court are not properly and effectively complied with, disciplinary action be taken against the erring officials so that the purpose and object of PCA Act could be achieved.11) The TNRJ Act is found repugnant to PCA Act, which is a welfare legislation, hence held constitutionally void, being violative or Article 254(1) of the Constitution of India.12) AWBI is directed to take effective and speedy steps to implement the provisions of PCA Act in consultation with SPCA and make periodical reports to the Governments and if any violation is noticed, the Governments should take steps to remedy the same, including appropriate follow-up action.

Reasoning:
10. Section 11 of the PCA Act which occurs in Chapter III that deals with cruelty to animals, generally provides number of situations where animals are meted with cruelty.11. On a plain reading of the said definition, it is quite vivid that a person cannot treat an animal otherwise so as to subject it to unnecessary pain or suffering.13. On a perusal of the said sub-section, it is quite limpid that it is embedded on the principle of human requirement, survival of life and certain other facets; and that is why the judgment puts it under the heading of Doctrine of Necessity.17. On a careful scrutiny of the 2009 Act, it is manifest that the events can include taming of bulls and Jallikattu is named as an event. True it is, there are certain responsibilities cast on the Collector to ensure that no cruelty is meted to the bull under the PCA ActIn A. Nagaraja (supra), the two-Judge Bench referred to the principles of repugnancy and, thereafter analyzed the various provisions and held as follows:-88. PCA Act, especially Section 3, coupled with Section 11(1)(m)(ii), as already stated, makes an offence, if any person solely with a view to provide entertainment, incites any animal to fight. Fight can be with an animal or a human being. Section 5 of TNRJ Act envisages a fight between a Bull and Bull tamers, that is, Bull tamer has to fight with the bull and tame it. Such fight is prohibited under Section 11(1)(m)(ii) of PCA Act read with Section 3 of the Act. Hence, there is inconsistency between Section 5 of TNRJ Act and Section 11(1)(m)(ii) of PCA Act.89. TNRJ Act, in its Objects and Reasons, speaks of ancient culture and tradition and also safety of animals, participants and spectators. PCA Act was enacted at a time when it was noticed that in order to reap maximum gains, the animals were being exploited by human beings, by using coercive methods and by inflicting unnecessary pain. PCA Act was, therefore, passed to prevent infliction of unnecessary pain or suffering and for the well-being and welfare of the animals and to preserve the natural instinct of the animal. Over-powering the performing animal was never in the contemplation of the PCA Act and, in fact, under Section 3 of the PCA Act, a statutory duty has been cast on the person who is in-charge or care of the animal to ensure the well-being of such animal and to prevent infliction on the animal of unnecessary pain or suffering. PCA Act, therefore, cast not only duties on human beings, but also confer corresponding rights on animals, which is being taken away by the State Act (TNRJ Act) by conferring rights on the organizers and Bull tamers, to conduct Jallikattu, which is inconsistent and in direct collision with Section 3, Section 11(1)(a), 11(1)(m)(ii) and Section 22 of the PCA Act read with Articles 51A(g) & (h) of the Constitution and hence repugnant to the PCA Act, which is a welfare legislation and hence declared unconstitutional and void, being violative of Article 254(1) of the Constitution of India.The Court in A. Nagaraja (supra) in paragraph 55 has translated few lines from Isha-Upanishad, which read as follows:-The universe along with its creatures belongs to the land. No creature is superior to any other. Human beings should not be above nature. Let no one species encroach over the rights and privileges of other species.21. We do not think allusion to Isha-Upanishad in the context of animal welfare is alien to the context. The Court, we are inclined to think, while dealing with law and legal principles can refer to the cultural ethos and the ancient texts of this country as far as they do not run counter to constitutional and statutory thought and principle. As far as the international concept is concerned that pertains to the thinking that the world that is thought to be big is not that big or for that matter reference to various concepts that relate to compassion to animals and the steps taken. We do not perceive any legal infirmity in the same. It cannot be said that the reference is unwarrantable. On the contrary, they present a holistic analysis that is in consonance with our constitutional value. We must say the criticism is unfair. We are obliged to say so, for philosophy of compassion can have manifold articulations.25. When we analyze both the enactments in juxtaposition, we find that when a bull is tamed for the purpose of an event, the fundamental concept runs counter to the welfare of the animal which is the basic foundation of the PCA Act. There is a frontal collision and apparent inconsistency between the PCA Act and the 2009 Act. It is inconceivable that a bull which is a domestic animal should be tamed for entertainment and a wide ground can be put forth that it is not a ticketed show, but meant for celebrating the festival of harvest. Such a celebration for giving pleasure to some, both the participating and the people watching it is such an act that is against the welfare of animals and definitely amount to treating the animal with cruelty.28. We really fail to fathom how Entry 14, even remotely, can have anything to do with Jallikattu which is an event. Solely because the event takes place after the harvest, it cannot be associated with agriculture. As far as Entry 15 is concerned, it provides for preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practice. The Entry is meant to confer power on the State Legislature to legislate with regard to the preservation, protection and improvement of stock and preventing any kind of animal diseases. Thus, we unhesitatingly hold the activity Jallikattu falls squarely within Entry 17 of List III and, therefore, it has to be tested on the anvil of repugnancy and it has been rightly so done and per our analysis, we do not perceive any ex facie error in the same31. We have referred to the aforesaid two authorities as we are of the convinced opinion that neither Entry 14 nor Entry 15 would cover the 2009 Act. The State Legislature could not have enacted any law like the 2009 Act. PCA and the 2009 Act rest on the bedrock of Entry 17 of the Concurrent List. We are obliged to say that there is repugnancy between the two Acts and hence, the State Act has been appositely declared ultra vires. Though the rule of pith and substance has been canvassed by Mr. Naphade, the same has to be treated as an exercise in futility, for the said principle does not apply. We have held that there is head on collision between the two statutes and we have said so because Entry 17 relates to prevention of cruelty to animals and the PCA Act covers the entire field. The 2009 Act, on the contrary, permits taming of bulls. Thus, both cannot co-exist, because they are inconsistent. The judgment in A. Nagaraja (supra) has adverted to the all aspects and we do not perceive any explicit error in the said analysis which would invite exercise of power of review.33. The right that is conferred under Article 25 pertains to freedom of conscience and the right to practice and profess any religion. In Ratilal Panachand Gandhi & ors. v. State of Bombay & ors., AIR 1954 SC 388   the Constitution Bench while discussing the concept of religion opined that:-... Our Constitution-makers have made no attempt to define what religion is and it is certainly not possible to frame an exhaustive definition of the word religion which would be applicable to all classes of persons. As has been indicated in the Madras case referred to above, the definition of religion given by Fields J. in the American case of Davis v. Beason, (1888) 133 US 333 (B), does not seem to us adequate or precise.The term religion, thus observed the learned Judge in the case mentioned above, has reference to ones views of his relations to his Creator and to the obligations they impose of reverence for His Being and character and of obedience to His Will. It is often confounded with cultus or form of worship of a particular sect, but is distinguishable from the latter.It may be noted that religion is not necessarily theistic and in fact there are well known religions in India like Buddhism and Jainism which do not believe in the existence of God or of any Intelligent First Cause. A religion undoubtedly has its basis in a system of beliefs -and doctrines which are regarded by those who profess that religion to be conducive to their spiritual well being, but it would not be correct to say, as seems to have been suggested by one of the learned Judges of the Bombay High Court, that matters of religion are nothing but matters of religious faith and religious belief. A religion is not merely an opinion, doctrine or belief. It has its outward expression in acts as well.34. In The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, AIR 1954 SC 282   it has been ruled as follows:-The language of Arts. 25 and 26 is sufficiently clear to enable the Court to determine without the aid of foreign authorities as to what matters come within the purview of religion and what do not. Freedom of religion in the Constitution of India is not confined to religious beliefs only; it extends to religious practices as well subject to the restrictions which the Constitution itself has laid down.35. In Sardar Syedna Taher Saifuddin Sahed v. State of Bombay, AIR 1962 SC 853   the Court after referring to earlier decisions has held that protections given under Articles 25 and 26 are not limited to matter of doctrine or belief but they extend also to the acts done in pursuance of religion and therefore contain a guarantee for rituals and observations, ceremonies and modes of worship which are integral parts of religion. It has been further observed that what constitutes an essential part of a religious or religious practice has to be decided by the courts with reference to the doctrine of a particular religion and include practices which are regarded by the community as a part of its religion.36. On a keen appreciation of the aforesaid authorities, we are unable to hold that there is any connection or association of Jallikattu with the right of freedom of religion in Article 25. It is canvassed by Mr. Naphade that every festival has the root in the religion and when Jallikattu is an event that takes place after harvest, it has the religious flavor and such an ethos cannot be disregarded. Though the aforesaid argument is quite attractive, we have no hesitation in saying that such an interpretation is an extremely stretched one and inevitably result in its repulsion and we do so. Such kind of imaginative conception is totally alien to the fundamental facet of Article 25 and, therefore, we are compelled to repel the submission.37. Before we part with the case, it is obligatory to state that a fresh Notification has been issued by the Union of India which is the subject matter of challenge in other writ petitions and they shall be dealt with within the parameters of PCA Act and hence, we have not adverted to the same.