The Gauhati High Court has prohibited buffalo and bulbul fights in Assam, following a petition by People for the Ethical Treatment of Animals (PETA) India.
Justice Devashis Baruah quashed the Assam government’s Standard Operating Procedure (SOP), which had permitted these fights during January, citing violations of central laws and Supreme Court rulings.
Court’s Ruling
The SOP, issued on December 27, 2023, was deemed inconsistent with the Supreme Court’s 2014 judgment in Animal Welfare Board of India vs A Nagaraja. The Court agreed with PETA India’s arguments, presented by Senior Advocate Diganta Das, that these events contravened the Prevention of Cruelty to Animals Act, 1960, and, in the case of bulbul fights, also breached the Wildlife Protection Act, 1972.
Evidence of Animal Cruelty
PETA India’s investigations revealed harrowing conditions for the animals involved:
– Buffalo Fights: Terrified buffaloes were beaten, jabbed with sticks, and dragged by their nose ropes to provoke aggression. During fights, the animals locked horns and sustained severe injuries, including bloody wounds on their necks, ears, faces, and foreheads. These fights often ended when one buffalo fled in fear.
– Bulbul Fights: Protected under Schedule II of the Wildlife Protection Act, red-vented bulbuls were illegally captured, starved, and intoxicated with substances like marijuana. During the fights, hungry birds were incited to attack each other using pieces of banana as bait, enduring exhaustion and injury.
PETA India also presented evidence of fights being conducted illegally beyond the dates permitted by the SOP, further demonstrating the inherent cruelty and lack of control in such events.
Statements from PETA India
Arunima Kedia, Lead Legal Counsel for PETA India, emphasized the suffering inflicted on these animals:
“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.”
Kedia expressed gratitude to the High Court for enforcing laws that protect animals from such cruelty, adding that these fights contradict India’s cultural principles of ahimsa (non-violence) and compassion.
Broader Implications
This landmark judgment reaffirms India’s commitment to animal welfare and the enforcement of laws against cruelty. It also sets a precedent for curbing practices that exploit animals under the guise of tradition.
Court’s decision highlights the importance of compassion and adherence to legal protections, ensuring that animals are not subjected to unnecessary pain and suffering in the name of entertainment or cultural practices.
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