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Animal Welfare Board of India v. A. Nagaraja

Animal Welfare Board of India v. A. Nagaraja

DATE OF JUDGMENT: 07/05/2014

COURT: Supreme Court of India

JUDGES: K.S. Radhakrishnan, Pinaki Chandra Ghose

REFERENCE: CIVIL APPEAL NO. 5387 OF 2014

PARTIES

Petitioner: Animal Welfare Board of India

Respondent: A. Nagaraja

SUBJECT: The judgment brings out the rights of animals under the Constitution.

FACTS: The petitioners in the instant case challenged the validity of a government notification dated 11.7.2011 which prohibited “Jallikattu” a sport that involve bulls which is conducted in Alanganallur Tamil Nadu and Bullock-cart races which are conducted in Maharashtra stating that it contravened various provisions of Prevention of Cruelty to Animals Act, 1960.

IMPORTANT PROVISIONS:

The Indian Constitution:

The Prevention of Cruelty to Animals Act:

(1)(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animals to be so treated

ISSUES:

1. Whether the notification dated 11.7.2011 is constitutionally valid?

JUDGEMENT:

The petitioners contended that,

However, the respondents contended that,

Upon hearing the parties to the case, the Court held that, the Board was right in its stand as Jallikattu and Bullock-cart race violates the provisions of PCA and causes grave cruelty to bulls. The Court directed Parliament to make necessary amendments in PCA and declared the Tamil Nadu Regulation of Jallikattu Act, 2009 as void, thereby upholding the validity of the government notification issued on 11.7.2011.

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