(This piece was written before the Tamil Nadu government passed the ordinance allowing Jallikattu)
My Lord, the Hon’ble Chief Justice of India,
Quite often people, especially the innocent ones and the youth, are carried away by emotions, rather than treading the path of reason. I do not personally approve of the practice of Jallikattu. But I think we and ALL the institutions of democracy, including the judiciary, should respect the sentiments of the people. All the institutions of democracy exist only for the people and at their will.
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Ban Goes Against Federal Structure
It is an obvious fact that at present most people in Tamil Nadu want Jallikattu. They also feel, rightly or wrongly, that the ban amounts to direct interference with their age-old tradition and even religious sentiments. Not heeding to that voice and shutting one's eyes to the ground reality might not be conducive to the federal structure of our Constitution. And the federal structure has been recognised as one of the Constitution’s basic features that is inalienable and indestructible, and even key to the integrity of our nation.
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Resentment Among People of Tamil Nadu
The people of Tamil Nadu feel that in many other states, similar sports and practices that are cruel to animals and even human beings are being practiced with state patronage. Of course, one wrong cannot justify another, but equality is a greater principle that cannot be compromised.
The situation in many parts of Tamil Nadu is volatile. I apprehend it may harm several innocent people, which can be avoided. The state government and the police have not able to deal with this situation effectively.
Interim Order Allowing Jallikattu
I pray, very earnestly, with great pain in my heart and tears in my eyes, that the Hon’ble Chief Justice of India constitutes at once, preferably tomorrow itself, a special bench to urgently hear this petition.
I pray that taking note of the above submissions, the Hon’ble Supreme Court may be pleased to pass an interim order allowing, as a one-time exercise, Jallikattu
This can be done with a caveat to ensure no harm is done or cruel treatment is meted out to any animal or human being.
The Court can direct the state government to ensure absolute compliance, to take affidavits of undertaking from the concerned organising committee and to record the entire audio-visual proceedings with multiple cameras; and post the matter for further hearing after two or three weeks and render timely justice.
PETA Should Stay Away
PETA, one of the petitioners in the case, having invited the wrath of a whole lot of people, rightly or wrongly, may please be asked to stay out of these proceedings in order to clear all misapprehensions and pave way for a goodwill solution. An amicus curiae may be appointed to assist this Hon’ble Court. I am ready to appear and make my submissions in this behalf, if so directed.
Post Script:
Of course, by writing this letter, I do not, for a moment mean that Jallikattu, as it was being performed hitherto, was a completely ethical practice. I am moved by the anxiety to avoid a greater evil.
I beseech the elders, the educated and the teachers of this great state of Tamil Nadu to appropriately educate the people to avoid such practices and make them realise that such practices, however ancient they might be, do not reflect culture in its real sense. We have to go a long way to achieve this goal, but in all earnestness we MUST achieve this goal.
(The author is a Chennai-based lawyer and the article is based on his Facebook post on16 January 2017. The views expressed above are the author’s own. The Quint neither endorses nor is responsible for the same.)
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