End speciesism to save human species
last such event at Kila Raipur in 2014, two bulls were injured. The state is, in fact, under bounden duty to safeguard the welfare of wildlife as per Article 48 of the Constitution and as per Article 51-A (g), it is the fundamental duty of every human being to have compassion for wildlife and protect it from unnecessary pain and suffering.
The ministry of environment, forest and climate change came up with a notification in 2011 to ban the use of bull as a performing animal, which was interpreted and upheld by the Supreme Court in relation to Jallikattu and the bullock cart race in A Nagaraja thereby prohibiting the conduct of such events through-out India.
PREVENTING CRUELTY
In a case where the voice against cruelty to bulls was faced with so called cultural rights, this path-breaking judgment came as a relief as it deprecated the celebration of cruelty in the name of culture and entertainment. It paved the path for a progressive approach by discussing the right to life for animals as worthy of being covered under the ambit of the mother of all fundamental rights, Article 21, the right to life. The judgment is worthy of being called as a magna carta for the prevention of cruelty to animals in such cases for reasons more than one.
The Supreme Court held that while examining the issues involved in the case, the standard the court has to apply is the “species best interest” as the primary factor. This has to be examined from the standpoint of the animals to prevent infliction of unnecessary suffering on them and not from the viewpoint or the interest of the organisers, bull tamers, racers, spectators, participants or the respective states or the central government.
While following an empirical approach, the Supreme Court discussed the studies regarding behavioural ethology and anatomy of the bull and made an observation as to how a heavy and barrel shaped draught animal is not suitable for such racing events.
HOLISTIC APPROACH
Bullock cart race and Jallikattu were held to be violative of Section 3 of the PCA Act, which confers rights on animals and corresponding duties on the persons in charge of the animals to prevent cruelty. Subsequent to this judgment, a review petition was also dismissed by the Supreme Court and the right to conduct Jallikattu and bullock cart races on the touchstone of religious and cultural rights under Article 25 of the Constitution was rejected.
Ensuring sustainable development is a goal that requires a holistic approach with efforts and contributions from all stakeholders. NGOS such as People for Ethical Treatment To Animals (PETA) are already making relentless efforts in this direction. Society as a whole needs to pursue a resolute approach for the protection of animal rights and ensure their well-being. It is high time humans start behaving as humans and halt speciesism, which is the assumption of human superiority over other creatures, leading to the exploitation of animals lest the progress of human species will halt itself.