L. Sahayam v. District Collector, Collectorate Campus, Sivagangai District
2015-12-11
S.VAIDYANATHAN
body2015
DigiLaw.ai
ORDER : "To my mind the life of a lamb is no less precious than that of a human being. I hold that the more helpless a creature, the more entitled it is to protection by man from the cruelty of man” - So said by the father of our nation, Mahatma Gandhi. This writ petition has been filed, seeking a direction the respondents to grant permission for conducting "Great Hungers Agitation" Meeting on 12.12.2015 at before Aranmanai Vasal, Sivagangai, Sivagangai District. 2. The facts leading to filing of this writ petition are as follows:- i) The petitioner is the Sivagangai South District Secretary of Namm Tamilar Katchi and his party has been actively involving in various activities towards creating public awareness, such as propagation, demonstration, conducting public awareness events and protecting Tamil People and safeguarding the fundamental rights of downtrodden people as conferred under the Constitution of India and other statutes, besides conducting public meetings, public hearings on various contemporary issues affecting the public at large. ii) It is submitted that his party has decided to restore the cultural and brave games like, Jallikattu, Manju Verattu and other Tamilar cultural festivals and has also decided to insist upon the Government to revoke the Ban to Jallikattu and Manju Verattu Games in Tamil month "Thai". It is also submitted that the petitioner's party has organized public meeting to create awareness to the public to restore the ancient Tamil culture and programme, which forced them to conduct a "Great Hungers Agitation" before the Aranmanai Vasal, Sivagangai on 12.12.2015 for restoration of ancient games. iii) It is further submitted that on 28.11.2015, though he has submitted a petition in person to the respondents for permission to conduct the hungers strike on 12.12.2015, till now, there is no response from the respondents and he has also completed all the works regarding the public meeting like issuing pamphlets, printing posters, giving advance to the mike set and fixing speakers for the meeting and the costs for the above expenses run to Rs.20,000/- Therefore, it is submitted that the act of the 4th respondent in not giving permission for conducting the public meeting is arbitrary and discriminatory in nature, thereby infringing the fundamental rights of the public enshrined under Articles 19(1)(a) and 19(1)(d) and 21 of the Constitution of India. 3.
3. The respondents, though not filed any counter, have contested the case, by contending that the petitioner's party is going to agitate against the Government and the non grant of permission for conducting Jallikattu and Manju Verattu is in obedience to the order of the Hon'ble Supreme Court, which banned such games with an intention to prevent causing cruelty to animals, especially domesticated bulls. Therefore, it is prayed that the writ petition is not maintainable both in law. 4. Heard the counsel on either side. 5. The submission of the petitioner that their rights in creating awareness among public for revocation of ban on Jallikattu and Manju Verattu is curtailed by the respondents by not passing any orders on his representation dated 28.11.2015, cannot be accepted, firstly for the reason that though it is not denied that the petitioner, as a citizen of this country, has got every right of conducting agitation, at the same time, it should be remembered that non grant of permission to the petitioner is on account of the ban order issued by the Hon'ble Apex Court, by observing that even bulls have rights against torture. The Hon'ble Supreme Court also banned bullock cart racing in Maharashtra too, by inter alia stating as under:- “Forcing a bull and keeping it in the waiting area for hours and subjecting it to the scorching sun is not for the animals well-being. Forcing and pulling the bull by a nose rope into the narrow, closed enclosure or ‘vadi vassal’ (entry point), subjecting it to all forms of torture, fear, pain and suffering by forcing it to go the arena and also over-powering it in the arena by bull tamers, are not for the well-being of the animal.” 6. The order of the Hon'ble Supreme Court is based on the report submitted by the Animal Welfare Board of India, after analyzing the manner in which the bull fight was conducted across Tamil Nadu. The said report highlights the pitiable condition of the bulls stating that the torture and cruelty meted out to the bulls was unimaginable and being dumb and helpless, they suffer in silence. Therefore, it is incumbent on every citizen to abide by the orders of the superior Court of this country. 7. Jallikattu, which is bull-baiting or bull cuddling/holding was a popular sport amongst warriors during the Tamil classical period.
Therefore, it is incumbent on every citizen to abide by the orders of the superior Court of this country. 7. Jallikattu, which is bull-baiting or bull cuddling/holding was a popular sport amongst warriors during the Tamil classical period. Bullfighting was common among the ancient tribes who lived in the ‘Mullai’ geographical division of the ancient Tamil country. Later, the sport became a platform for display of bravery and prize money was introduced for entertainment. The term "Jallikattu" originated from the words "Jalli" and "Kattu", referring to silver or gold coins tied to the bulls horns. 8. A glance at the origin of the bull fighting shows that in order to prove the bravery of ancient people, Jallikattu game has been introduced. It is pertinent to mention that now, technology has improved a lot and even people starting using Tractors in the paddy field by replacing the service of bulls and no one can also say that he is ready to meddle with Tractors. In the game, not only bulls or participants, but also viewers, who are watching the game, are getting injured. It was also reported that to make the bulls to be active in the field, they are fed alcohol and chilli and therefore, the contention of the petitioner that the Jallikattu game, which is honourable, traditional or a symbol of Tamil culture, is no longer acceptable in a modern society. 9. The counsel for the petitioner has relied on the decision of the Apex Court in the case of Ramlila Maidan Incide, IN RE, reported in (2012) 5 SCC 1 , wherein it has been held as under:- "209......The threat of going on a hunger strike extended by Baba Ramdev to personify his stand on the issues raised, cannot be termed as unconstitutional or barred under any law. It is a form of protest which has been accepted, both historically and legally in our constitutional jurisprudence." 10. Even though there is no quarrel with the above proposition, the Supreme Court, in the subsequent judgment, has passed the order, banning the conduct of Jallikattu and Manju Verattu Games and therefore, the decision relied on by the petitioner is not applicable to the facts of the present case. 11.
Even though there is no quarrel with the above proposition, the Supreme Court, in the subsequent judgment, has passed the order, banning the conduct of Jallikattu and Manju Verattu Games and therefore, the decision relied on by the petitioner is not applicable to the facts of the present case. 11. Above all, this Court cannot compel the respondents to act against the orders of the Supreme Court, as the grant of permission for conducting great hunger strike for revocation of ban imposed by the Supreme Court, will amount to disobedience of the orders of the Supreme Court. Therefore, this Court is not inclined to grant the relief sought by the petitioner, much less direction to the respondents for consideration of the representation of the petitioner. In the event of this Court issuing any positive direction, granting the relief sought by the petitioner, it will certainly invite the wrath of the Supreme Court. Thus, the writ petition is liable to be dismissed. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.