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Supreme Court of India 2023-05-18 dismissed

THE ANIMAL WELFARE BOARD OF INDIA & ORS vs UNION OF INDIA & ANR

Bench: CB — K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar

In Brief

This Constitution Bench case examined whether state amendments legalizing Jallikattu (Tamil Nadu), Bullock Cart Races (Maharashtra), and Kambala (Karnataka)—bovine sports previously banned by the 2014 A. Nagaraja judgment—were valid. The Court held all three Amendment Acts valid. Though the prior judgment found these sports inherently cruel, the Court found the amended laws, when read with their implementing Rules and Notifications, substantially reduced pain-causing practices through strict regulatory measures. The Court rejected arguments that the Acts were colourable legislation or violated fundamental rights, holding that animals lack constitutionally protected fundamental rights and that legislatures, not courts, determine cultural significance. The Acts relate validly to Entry 17 (animal cruelty prevention) of the Concurrent List and do not violate Articles 14, 21, 48, or 51-A. All petitions were dismissed.

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Animal Welfare Constitutional Law Legislative Competence Prevention of Cruelty to Animals Cultural Practice Federalism

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