NDLI: Chief Secretary to The Govt., Chennai Tamilnadu and Others Etc. Vs. Animal Welfare Board and Another Etc.

Chief Secretary to The Govt., Chennai Tamilnadu and Others Etc. Vs. Animal Welfare Board and Another Etc.

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Chief Secretary to The Govt., Chennai Tamilnadu and Others Etc. Vs. Animal Welfare Board and Another Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	List II Entries 14 and 15 Constitution of India - Arts. 254(1) & 25 and VII Schedule
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Review Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Constitution of India - Arts. 254(1) & 25 and VII Schedule, List II Entries 14 and 15; List III. Entry 17 - Repugnancy between Jallikattu Act, 2009 and Prevention of Cruelty to Animals Act, 1960 - Supreme Court in A. Nagaraja's case held that rights of 'Bulls' guaranteed ulss. 3 and 11 of 1960 Act cannot be taken away and D that 2009 Act is repugnant to 1960 Act and hence void being violative of Art. 254(1) - Review petition on the ground that 2009 Act since would come within ambit of Entries 14 and 15 of List II of VII Schedule, the same cannot be repugnant to the 1960 Act and that Jallikattu being a socio-cultural event being associated with religion, E has the protection of Art. 25 - Held: When a 'bull' is tamed for the purpose of an event (Ja/likattu), the fundamental concept runs center to the welfare of the animal which is basic foundation of 1960 Act - There is frontal collision and inconsistency between 1960 Act and 2009 Act - 2009 Act is not covered by Entries 14 and 15 of List II - The activity 'Jal/ikattu 'squarely falls within Entry 17 F of List Ill and therefore has to be tested on the anvil of r~pugnancy - Jallikattu also cannot be associated with right of freedom of religion guaranteed u/Art. 25 - Tamil Nadu Regulation of Ja/likattu Act, 2009 - ss. 2(c) and 3 - Prevention of Cruelty to Animals Act, 1960 - ss. 3 and 11. Legal Authority - Persuasive authority - While dealing with law and legal principles, reference to cultural ethos, ancient texts and international perceptions are not unwarrantable, as far as they, do not run counter to constitutional and statutory thought and principle.
Judge	Honble Mr. Justice Dipak Misra Hon'ble Mr. Justice R.F. Nariman
Petitioner	Chief Secretary To The Govt., Chennai Tamilnadu And Others Etc.
Respondent	Animal Welfare Board And Another Etc.
SCR	[2016] 8 S.C.R. 477
Judgement Date	2016-11-16
Case Number	3769

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