Legally Speaking

Gauhati HC bans buffalo and bulbul fights

New Delhi: The Gauhati High Court has prohibited buffalo and bulbul fights in Assam following a petition by People for the Ethical Treatment of Animals (PETA).

The ruling overturned a Standard Operating Procedure issued by the Assam government on December 27, 2023, which allowed these fights during January.

Justice Devashis Baruah presided over the case, with PETA India arguing that these fights violated the Prevention of Cruelty to Animals Act, 1960, and, in the case of bulbul fights, the Wildlife Protection Act, 1972. The court ruled that the SOP contradicted the Supreme Court’s 2014 judgment in Animal Welfare Board of India vs. A Nagaraja.

PETA submitted extensive evidence, highlighting the severe cruelty involved in these fights. Investigations revealed:

– Buffalo fights: Animals were forced to fight through slapping, jabbing with sticks, and dragging by nose ropes. Injuries included bloody wounds to their necks, faces, and foreheads.

– Bulbul fights: Protected under Schedule II of the Wildlife Protection Act, these birds were captured illegally, drugged with intoxicants like marijuana, and starved to provoke aggression. During fights, handlers dangled food to incite them to attack each other, causing immense distress.

Senior Advocate Diganta Das, representing PETA, argued that these practices violate:

  1. The Prevention of Cruelty to Animals Act, 1960
  2. The Wildlife Protection Act, 1972 (for bulbul fights)
  3. Constitutional principles of compassion and non-violence, as well as India’s cultural ethos of *ahimsa (non-violence). PETA’s Lead Legal Counsel, Arunima Kedia, emphasized, “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.” She further expressed gratitude to the High Court for upholding central laws and prohibiting these cruel practices.Reveal Widespread Abuse
    PETA presented instances where buffalo fights in Ahatguri and bulbul fights in Hajo were conducted in blatant violation of the SOP. Despite restrictions, many fights occurred illegally throughout the year. Animals were subjected to brutal treatment, including beatings and starvation, which caused them significant physical and psychological harm.The High Court’s ruling marks a significant victory for animal rights in India. By banning these fights, the court has upheld the country’s legal and cultural commitment to protecting animals from cruelty. PETA hopes this decision will set a precedent against similar inhumane practices across the nation.
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