Gauhati High Court Imposes Ban on Buffalo and Bulbul Fights in Assam, Strikes Down Govt SOP

PETA India’s investigation into these events revealed shocking evidence of the inhumane conditions faced by the animals.

Ahead of Magh Bihu to be celebrated next month in Assam, when it is customary and part of the Assamese tradition to hold buffalo fight and bulbul bird fight, particularly in the rural areas, the Gauhati High Court imposed a ban on the Assam government’s Standard Operating Procedure (SOP) dated December 27, 2023, which had allowed the practice.

This ruling, in response to petitions filed by People for the Ethical Treatment of Animals (PETA) India, marks a significant step in protecting animal rights in the state. The case was heard by Justice Devashis Baruah, who accepted PETA India’s argument that these brutal practices violated both the Prevention of Cruelty to Animals Act, 1960 and the Wildlife Protection Act, 1972, as well as the Supreme Court’s decision in Animal Welfare Board of India vs. A. Nagaraja (2014), which had banned all forms of animal fights in India.

The Assam government’s SOP, issued last December, had allowed buffalo and bulbul bird fights under certain conditions during a designated period in January, coinciding with the Magh Bihu also known as Bhogali Bihu. PETA India’s petition challenged the legality of the SOP, emphasizing that allowing such events, even within a restricted timeframe, resulted in severe cruelty to animals. Senior Advocate Diganta Das, representing PETA India, made detailed submissions pointing out how these events directly contravened the central animal protection laws, causing immense suffering to the animals involved.

PETA India’s investigation into these events revealed shocking evidence of the inhumane conditions faced by the animals. In the case of buffalo fights, buffaloes were subjected to physical abuse and forced to engage in violent confrontations.

Investigations into a buffalo fight in Ahatguri, Morigaon district, on January 16, exposed how handlers slapped, shoved, and jabbed the buffaloes with wooden sticks to provoke them into fighting. The buffaloes were also dragged by their nose ropes and beaten during the fights, leading to bloody injuries on their necks, ears, faces, and foreheads. The fights continue until one buffalo runs away, leaving the other injured and exhausted.

Investigation into the bulbul bird fights in Hajo, Assam, on January 15, revealed the disturbing practices employed to incite aggression among the birds. Red-vented bulbuls, protected under Schedule II of the Wildlife Protection Act, 1972, were illegally captured and subjected to intense cruelty. The birds were drugged with marijuana and other intoxicating substances like black pepper, cloves, and cinnamon to agitate them. They were starved for at least one night before the fight, during which handlers dangled pieces of banana to provoke the birds into attacking each other. The fights, which lasted about five to ten minutes, were forced to continue even when the exhausted birds showed signs of distress, with handlers blowing air on them to make them fight.

In its ruling, the Gauhati High Court affirmed that these practices were not only a violation of central laws but also contradicted the ethical principles enshrined in Indian culture. The court specifically referenced the A Nagaraja case, where the Supreme Court had banned all forms of animal fights, emphasizing that animals, like buffaloes and bulbuls, are sentient beings capable of experiencing pain and fear.

PETA India highlighted that allowing these cruel events, even within a regulated time frame, only perpetuated the abuse and resulted in countless animals suffering for human entertainment.

Moreover, PETA India’s petition argued that these practices were inherently cruel, causing significant physical and psychological harm to the animals involved. The organization pointed out that they directly contradicted the principles of ahimsa (non-violence) and compassion, which are deeply rooted in Indian culture and traditions.

PETA India’s legal counsel, Arunima Kedia, expressed gratitude for the judgment, emphasizing that the ruling would help curb widespread animal cruelty. “Buffaloes and bulbuls are gentle animals who feel pain and terror and do not want to be forced into bloody fights in front of jeering crowds. We are grateful to the Gauhati High Court for prohibiting cruelty to animals in the form of fights, which are clear violations of central law and Supreme Court orders,” Kedia said.

This decision has not only halted the SOP but has also sent a strong message about the importance of upholding animal welfare laws and respecting the rights of animals. It serves as a reminder that animal cruelty, regardless of tradition or cultural practices, cannot be justified when it causes immense suffering and violates the fundamental tenets of compassion and non-violence. The ruling is a crucial step towards safeguarding the rights of animals and ensuring that India continues its progress as a leader in animal welfare.

The Gauhati High Court’s judgment is a powerful affirmation of the commitment to protecting animals from cruelty and aligns with the growing movement for animal rights across India.

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