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Lessons from Jallikattu Uprising
The jallikattu protests and the subsequent passing of the Bill making way for conducting the bull-embracing sport, has, among many other lessons, taught us that people’s power can be harnessed to make the State act, and that use of force is not the solution for enforcing law and order.
Chennai
The Constitution of India guarantees freedom to peaceful assembly, speech and expression as fundamental rights. After independence, Tamil Nadu witnessed the classic use of these freedoms to obtain the goal of revival of jallikattu through legislative measure. The State Assembly convened a special session and passed a Bill amending the Central Act of Prevention of Cruelty to Animals Act to surmount the bar created by Judicial pronouncement.
A historic upraising that happened in the Marina and all over Tamil Nadu with protests across the shores for jallikattu cannot be attributed to the single cause of upholding Tamil culture. Unlike Bogi, Pongal and Mattu Pongal, that are celebrated through the ages in all parts of Tamil Nadu, jallikattu has been confined only to a few villages in certain districts from time immemorial. It is a cultural sport at certain pockets and hence cannot by any stretch of imagination be synonymous with Tamil culture. But the effect of mass media’s portrayal of jallikattu as expression of the courage and valour of the Tamils has among other reasons caught the imagination of the youth.
Much more than jallikattu
Even as youth, mainly students, gathered at the Marina protesting for jallikattu , it was seen as a spontaneous, leaderless assembly. Social media went agog describing the gathering as an expression of democratic dissent — a show of people’s power. Self-styled leaders took over as spokespersons of the gathering which gained momentum steadily. Voluntary donations of food, water, providing mobile toilets and other conveniences, gave a carnival-like flavour to the assembly.
Slogans raised went beyond the demand for jallikattu . Aerated drinks, issues of organic / non-organic food products, A-1, A-2 milk, farmers’ suicides, private education, donations, unemployment and even demonetisation, featured in the loud slogans of dissent. Even as the agitators were peacefully exercising their constitutional right to assembly and speech, they forgot that the basic and most fundamental right is equality before law and equal protection of laws which shall be enforced only by the courts. Taking law into one’s hand and stifling dissent is something one must avoid at any cost. Forgetting that the law was amended to include bulls in the Prevention of Cruelty to Animals Act, which led to the ban on jallikattu by the petition filed by PETA, all anger turned on the animal rights organisation. A law-abiding organisation securing its ideal through a court order was trounced by the masses. Even as there was loud and clear agitation against PETA, its CEO unnecessarily belittled the gathering using the ‘free-sex’ comment, retraction of which has been silenced by the shrill voices of protest circulating only the comment and not the apology.
State repression
January 23, 2017, has shown the true face of the State repression vis-à-vis the people’s assembly in protest. The entire city crippled to a halt revolting against the police force used to disburse the crowd. I was caught in the traffic snarl from 9.20 am to 4.30 pm at Flowers Road, Kilpauk —seven hours stuck in a traffic jam caused due to protesters who had gathered at the traffic junction without even room to open the car doors. This was the plight of many who ventured into the streets of Chennai that day. There was a patient being lifted on a stretcher by men manually as there was no room to drive the ambulance. People could not go to the station/ bus stand/ airport to reach their respective destinations. Chaotic scenes all over the city with rumour mongering frightening news of arson, looting and fire from different parts of the city being flashed through the Facebook, WhatsApp and other social media sites sent chilling fear in everyone’s mind.
Mockery of law and order
Tension mounted around due to the stoic silence of the State. Various disturbing messages circulated on social media and police which is trained only to be a force and not a service made a mockery of the law and order situation. By 4.30 pm, traffic moved slowly due to sudden spurt in police activity. I witnessed the police hurling tear-gas shells, running helter-skelter wielding lathis and disbursing the crowd using condemnable force. Neither the police nor the public was prepared for the use and receipt of the force that was unleashed.
Timely intervention by the court
Meanwhile, the scene at the Madras High Court was one of concern, a writ petition being moved and taken up as lunch motion to ensure safety of the agitators. Justice Mahadevan was just and humane to rise up to the occasion and grant interim order ensuring that the State Police safeguards the protesters and yet firmly deal with those responsible for paralysing the city. This order gave protection to the agitators by refraining police action and giving police the leverage to strike at the protesters elsewhere.
Lack of transparency
The State could have avoided the tension on the 23rd provided it was transparent. The Chief Minister had in a knee-jerk reaction to the protest, rushed to Delhi. The Centre washed its hands because the matter was pending in the Supreme Court. The Attorney General advised the State to pass its own law. An urgent ordinance was promulgated by the Governor. The State Legislative Assembly convened, followed by an urgent meeting and passed a Bill. All this was in an opaque manner. A copy of the ordinance and the Bill could have been put on the State’s website, the ministers/ officers of the State could have met the agitators kept them informed of the steps they were taking. Print and visual media ought to have been trusted to disseminate the drafts.
The grand finale of calling off the agitation was made possible only after Justice Hari Parandaman (Retired) addressed the gathering along with the lawyers from Madras High Court explaining the meaning of ordinance/ Bill/ Act and showing the protesters what they had achieved. The State governance which could have gracefully addressed the protesting public failed. Hence the Chief Minister was disgracefully shooed out of the State sponsored jallikattu at Alanganallur by the public at large. The passing of the Bill amending Prevention of Cruelty to Animal Act, making way for conducting jallikattu has taught us many lessons. People’s power can be harnessed to make the State act. Elected representatives cannot thrive in lethargy anymore. Police has to be restrained. Use of force is not the solution for enforcing law and order. Judiciary also ought to pass final orders without delay especially when they have granted an interim stay. Political masters are no more the bosses of the people. They are servants who have to function as per people’s wishes. Let this historical happening repeat itself for the greater good of eradicating corrupt practices and ensuring an honest, sensitive government with upright vigilant citizens replacing the old order. 2017 Thai pirandadu vazhi pirandadu.
The writer is a senior advocate, Madras High Court
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