Both the above limbs have to be cumulatively satisfied. Primary duty on the persons in charge or care of the animal is to ensure the well-being of the animal. “Well-being” means state of being comfortable, healthy or happy. Forcing the bull and keeping the same in the waiting area for a number of hours and subjecting it to scorching sun, is not for the wellbeing of the animal. Forcing and pulling bulls by nose ropes into the narrow closed enclosure of vadi vasal, subjecting it to all forms of torture, fear, pain and suffering by forcing it to go to the arena and also overpowering it at the arena by the bull tamers, are not for the well-being of the animal. The manner in which the bull tamers are treating the bulls in the arena is evident from the reports filed before this Court by ABWI. Forcing the bull into the vadi vasal and then into the arena, by no stretch of imagination, can be said to be “for the well-being of such animal”. Organisers of Jallikattu are depriving the rights guaranteed to the bulls under Section 3 of the PCA Act. Sadism and perversity is writ large in the actions of the organisers of Jallikattu and the event is meant not for the well-being of the animal, but for the pleasure and enjoyment of human beings, particularly the organisers and spectators. Organisers of Jallikattu feel that their bulls have only instrumental value to them, forgetting their intrinsic worth. First limb of Section 3, as already indicated, gives a corresponding right to the animal to ensure its wellbeing. AWBI, a body established to look after the welfare of the animals has to see that the person in charge or care of the animals looks after their well-being. We have no hesitation to say that Jallikattu/bullock cart race, as such, is not for the well-being of the animal and, by undertaking such events, organisers are clearly violating the first limb of Section 3 of the PCA Act.”
