ANIMAL WELFARE BOARD OF INDIA Vs. A. NAGARAJA
LAWS(SC)-2014-5-15
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on
May 07,2014
ANIMAL WELFARE BOARD OF INDIA
Appellant
VERSUS
A. Nagaraja
Respondents
Referred Judgements :-
LILA VATI BAI VS. STATE OF BOMBAY [REFERRED TO]M KARUNANIDHI VS. UNION OF INDIA [REFERRED TO]
VIJAY KUMAR SHARMA G ABAL ALI AND K MOIDEEN K C NAIK HASANABHA K S HEGDE VS. STATE OF KARNATAKA [REFERRED TO]
JAYA GOKUL EDUCATIONAL TRUST VS. COMMISSIONER AND SECRETARY TO GOVERNMENT HIGER EDUCATION DEPARTMENT THIRUVANTHAPURAM KERALA STATE [REFERRED TO]
N R NAIR VS. UNION OF INDIA [REFERRED TO]
N ADITHAYAN VS. TRAVENCORE DEVASWOM BOARD [REFERRED TO]
STATE OF GUJARAT VS. MIRZAPUR MOTI KURESHI KASSAB JAMAT [REFERRED TO]
T N GODAVARMAN THIRUMULPAD VS. UNION OF INDIA [REFERRED TO]
T N GODAVARMAN THIRUMULPAD VS. UNION OF INDIA [REFERRED TO]
CENTRE FOR ENVIRONMENT LAW, WWF-I VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
COMPASSION UNLIMITED PLUS ACTION VS. STATE OF KARNATAKA [LAWS(KAR)-2021-2-24] [REFERRED TO]PEOPLE FOR ANIMALS & ANR VS. MD MOHAZZIM & ANR [LAWS(DLH)-2018-8-282] [REFERRED TO]
STATE OF CHHATTISGARH VS. MUNNARAM RAJWADE [LAWS(CHH)-2018-9-92] [REFERRED TO]
SHAIKH ZAHID MUKHTAR VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2016-5-54] [REFERRED TO]
RAJASTHAN STATE MINES AND MINERALS LTD VS. RAJASTHAN STATE MINES AND MINERALS KARAMCHARI SANGH AND ORS [LAWS(RAJ)-2015-10-176] [REFERRED]
ANIMAL WELFARE BOARD OF INDIA VS. UNION OF INDIA [LAWS(SC)-2023-5-86] [REFERRED TO]
ALIM VS. STATE OF UTTARAKHAND AND OTHERS [LAWS(UTN)-2018-8-34] [REFERRED TO]
M.P.CHOTHY VS. CHIEF SECRETARY [LAWS(KER)-2020-3-221] [REFERRED TO]
N. PRAKASH VS. STATE OF KERALA [LAWS(KER)-2020-4-46] [REFERRED TO]
PRISHA OVERSEAS ENTERPRISE PRIVATE LIMITED THROUGH DIRECTOR PRASHANT ARVINDBHAI SHUKLA VS. UNION OF INDIA [LAWS(GJH)-2019-4-53] [REFERRED TO]
NEIZEVOLIE KUOTSU VS. STATE OF NAGALAND [LAWS(GAU)-2023-6-101] [REFERRED TO]
KAPPA PEDDA VENKANNA VS. STATE OF A.P [LAWS(APH)-2023-4-49] [REFERRED TO]
GOVANSH RAKSHA SAMITI GOSHALA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-5-47] [REFERRED TO]
JAYANTI DAS VS. STATE OF ODISHA [LAWS(ORI)-2020-1-4] [REFERRED TO]
IN RE : BRUNO (SUO MOTU) PIL VS. UNION OF INDIA [LAWS(KER)-2022-9-59] [REFERRED TO]
M.K.SAJEEVAN VS. REVENUE DIVISIONAL OFFICER [LAWS(KER)-2021-10-196] [REFERRED TO]
COMPASSION UNLIMITED PLUS ACTION VS. UNION OF INDIA [LAWS(SC)-2016-1-76] [REFERRED TO]
SK. MANOWAR ALI VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-6-33] [REFERRED TO]
SP.CHOCKALINGAM VS. PRINCIPAL CHIEF CONSERVATOR OF FORESTS & CHIEF WILDLIFE WARDEN [LAWS(MAD)-2022-4-19] [REFERRED TO]
E.SESHAN VS. DEPARTMENT OF LAW GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2021-8-132] [REFERRED TO]
GARIB DASS AND ORS. VS. MULAKH RAJ AND ORS. [LAWS(HPH)-2015-4-9] [REFERRED TO]
RAKESH KUMAR VS. ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2019-9-6] [REFERRED TO]
DHYAN FOUNDATION VS. STATE OF BIHAR [LAWS(PAT)-2017-4-105] [REFERRED TO]
COMPASSION UNLIMITED PLUS ACTION VS. UNION OF INDIA (UOI) AND ORS. [LAWS(SC)-2016-1-104] [REFERRED TO]
CHIEF SECRETARY TO THE GOVT. CHENNAI, TAMILNADU AND OTHERS VS. ANIMAL WELFARE BOARD AND ANOTHER [LAWS(SC)-2016-11-53] [REFERRED TO]
M.R. AJAYAN VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-11-105] [REFERRED TO]
KARNA & ORS. VS. M. JOTHISORUPAN [LAWS(MAD)-2018-4-968] [REFERRED TO]
MUSTAFA VS. STATE OF TELANGANA [LAWS(TLNG)-2021-4-29] [REFERRED TO]
SURESH AGARWAL VS. REGISTRAR OF COMPANIES [LAWS(CAL)-2017-5-22] [REFERRED TO]
NARAHARI JAGADISH KUMAR VS. STATE OF ANDHRA PRADESH AND ORS [LAWS(APH)-2016-12-76] [REFERRED TO]
BOMBAY MUTTON DEALER ASSOCIATION AND ANR. VS. STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-9-370] [REFERRED TO]
COURT ON ITS OWN MOTION VS. THE DEPUTY COMMISSIONER, SHIMLA AND ANOTHER [LAWS(HPH)-2018-1-145] [REFERRED TO]
SHRI YUSUB VS. STATE OF KARNATAKA [LAWS(KAR)-2022-6-1461] [REFERRED TO]
BHARTIYA GOVANSH RAKSHAN SANVARDHHAN PARISHAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-10-47] [REFERRED TO]
ANIMAL WELFARE BOARD OF INDIA VS. UNION OF INDIA [LAWS(SC)-2018-2-96] [REFERRED TO]
GEORGE VS. EXECUTIVE OFFICER, SABARIMALA [LAWS(KER)-2015-12-370] [REFERRED TO]
HARYANA PROGRESSIVE SCHOOLS CONFERENCE (REGD.) AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2015-4-93] [REFERRED TO]
PREM SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-7-64] [REFERRED TO]
MAHAVEER BISHNOI VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-7-1] [REFERRED TO]
HUMAN & ENVIRONMENT ALLIANCE LEAGUE VS. DEBAL RAY, PRINCIPAL CHIEF CONSERVATOR OF FORESTS, WILDLIFE AND CHIEF WILDLIFE WARDEN, DEPARTMENT OF FOREST [LAWS(CAL)-2023-2-75] [REFERRED TO]
RAMAVATH HANUMA @ HANUMANTHU VS. STATE OF TELANGANA [LAWS(APH)-2017-3-62] [REFERRED TO]
NARAHARI JAGADISH KUMAR VS. THE STATE OF ANDHRA PRADESH [LAWS(APH)-2016-11-20] [REFERRED TO]
COURT ON ITS OWN MOTION AND ANR. VS. STATE OF H.P. & OTHERS [LAWS(HPH)-2017-12-210] [REFERRED TO]
YUSUB VS. STATE OF KARNATAKA [LAWS(KAR)-2022-6-1496] [REFERRED TO]
VINOD BIHARI LAL VS. STATE OF U.P. [LAWS(ALL)-2023-4-49] [REFERRED TO]
NARAYAN DUTT BHATT VS. UNION OF INDIA & OTHERS [LAWS(UTN)-2018-7-9] [REFERRED TO]
SK. SABIR ALLI VS. STATE OF ODISHA [LAWS(ORI)-2022-10-88] [REFERRED TO]
PEOPLE FOR ANIMALS (PFA) VS. STATE OF KERALA [LAWS(KER)-2021-11-133] [REFERRED TO]
CATTLE RACE CLUB OF INDIA AND ORS. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-4-79] [REFERRED TO]
MOHAMMED SHABEK VS. STATE, REP BY INSPECTOR OF POLICE, CHITHODE POLICE STATION,ERODE DISTRICT [LAWS(MAD)-2018-9-896] [REFERRED TO]
ARIF USMAN KAPADIA AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-4-156] [REFERRED TO]
ANIMALS AND BIRDS CHARITABLE TRUST VS. MUNICIPAL CORPORATION OF GREATER MUMBAI [LAWS(BOM)-2015-6-9] [REFERRED TO]
BHARTIYA GOVANSH RAKSHAN SANVERDHAN PARISHAD VS. UNION OF INDIA & ORS [LAWS(HPH)-2016-7-349] [REFERRED TO]
SONALI PUREWAL VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2015-7-77] [REFERRED TO]
GAURAV GUPTA VS. SAT PAL [LAWS(DLH)-2015-1-114] [REFERRED TO]
SEIKH ABDUL MAJED VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-12-53] [REFERRED TO]
PRATHAP KUMAR.G. VS. STATE OF KARNATAKA [LAWS(KAR)-2022-10-450] [REFERRED TO]
MOHAMMED BALESHARIEF VS. STATE OF A.P. [LAWS(APH)-2014-9-180] [REFERRED TO]
CHIEF EXECUTIVE OFFICER VS. YUSUB [LAWS(KAR)-2023-7-1179] [REFERRED TO]
DHYAN FOUNDATION DEVIPUR BSF (RESCUED) CATTLE FARM VS. STATE OF TRIPURA [LAWS(TRIP)-2021-4-29] [REFERRED TO]
BHARATI AIRTEL LTD VS. STATE OF ASSAM [LAWS(GAU)-2016-9-4] [REFERRED TO]
V.K. VENKITACHALAM VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-9-99] [REFERRED TO]
ATASI CHAKRABORTY VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-7-156] [REFERRED TO]
SURESH GUPTA AND OTHERS VS. MUNICIPAL CORPORATION, RAIPUR, CHHATTISGARH AND ANOTHER [LAWS(CHH)-2017-10-64] [REFERRED TO]
MUJIBUR REHMAN CHAUDHARY VS. MUNICIPAL CORPORATION FOR GR. MUMBAI [LAWS(BOM)-2023-3-158] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)We are, in these cases, concerned with an issue of seminal importance with regard to the Rights of Animals under our Constitution, laws, culture, tradition, religion and ethology, which we have to examine, in connection with the conduct of Jallikattu, Bullock-cart races etc. in the States of Tamil Nadu and Maharashtra, with particular reference to the provisions of the Prevention of Cruelty to Animals Act, 1960 (for short 'the PCA Act'), the Tamil Nadu Regulation of Jallikattu Act, 2009 (for short "TNRJ Act") and the notification dated 11.7.2011 issued by the Central Government under Section 22(ii) of the PCA Act.
(3.)We have two sets of cases here, one set challenges the Division Bench Judgment of the Madras High Court at Madurai dated 09.03.2007, filed by the Animal Welfare Board of India (for short "AWBI"), Writ Petition No. 145 of 2011 filed by an organisation called PETA, challenging the validity of TNRJ Act and few other writ petitions transferred from the Madras High Court at Madurai challenging/enforcing the validity of the MoEF Notification dated 11.07.2011 and another set of cases, like SLP No. 13199 of 2012, challenging the Division Bench judgment of the Bombay High Court dated 12.03.2012 upholding the MoEF Notification dated 11.07.2011 and the corrigendum issued by the Government of Maharashtra dated 24.08.2011 prohibiting all Bullock-cart races, games, training, exhibition etc. Review Petition No. 57 of 2012 was filed against the judgment of the Bombay High Court, which was dismissed by the High Court on 26.11.2012, against which SLP No. 4598 of 2013 has been filed.
(2.)We are, in these cases, concerned with an issue of seminal importance with regard to the Rights of Animals under our Constitution, laws, culture, tradition, religion and ethology, which we have to examine, in connection with the conduct of Jallikattu, Bullock-cart races etc. in the States of Tamil Nadu and Maharashtra, with particular reference to the provisions of the Prevention of Cruelty to Animals Act, 1960 (for short 'the PCA Act'), the Tamil Nadu Regulation of Jallikattu Act, 2009 (for short "TNRJ Act") and the notification dated 11.7.2011 issued by the Central Government under Section 22(ii) of the PCA Act.
(3.)We have two sets of cases here, one set challenges the Division Bench Judgment of the Madras High Court at Madurai dated 09.03.2007, filed by the Animal Welfare Board of India (for short "AWBI"), Writ Petition No. 145 of 2011 filed by an organisation called PETA, challenging the validity of TNRJ Act and few other writ petitions transferred from the Madras High Court at Madurai challenging/enforcing the validity of the MoEF Notification dated 11.07.2011 and another set of cases, like SLP No. 13199 of 2012, challenging the Division Bench judgment of the Bombay High Court dated 12.03.2012 upholding the MoEF Notification dated 11.07.2011 and the corrigendum issued by the Government of Maharashtra dated 24.08.2011 prohibiting all Bullock-cart races, games, training, exhibition etc. Review Petition No. 57 of 2012 was filed against the judgment of the Bombay High Court, which was dismissed by the High Court on 26.11.2012, against which SLP No. 4598 of 2013 has been filed.
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