Regulating India’s blood-sport: an examination of the Indian Supreme Court’s decision in Animal Welfare Board of India v. A. Nagaraja

Abstract

The recent verdict of the Indian Supreme Court (SC) banning Jallikattu, bullock cart races and ‘other such events’ has won accolades amongst several animal rights activists and environment enthusiasts. The decision blends ecocentric principles towards recognition of ‘intrinsic worth’ of animals into the Indian jurisprudence drawing its essence from several international covenants and recognised legal position on animal welfare in other jurisdictions. The case-note analyses this decision in the context of previous interpretations of the Supreme Court and the Madras High Court on this issue as well as drawing parallels from the recent cases of the International Court of Justice and the World Trade Organisation. The note then critiques the Supreme Court’s decision which instead of objectively choosing a recognised criteria of harm done to the bulls, self-assumed its own ‘standard of harm’ premised on studies of behavioural ethology presented by the Animal Welfare Board of India. Finally, the authors analyse the efficacy of the recommendations given by the SC and study whether the ideals as endorsed in its overall reasoning would align with the actual implementation of the decision on ground.