Guwahati: The Gauhati High Court has ordered a ban on buffalo and bulbul bird fights in Assam, overturning the state government’s Standard Operating Procedure (SOP) dated December 27, 2023, which had permitted these events during the January festivities of Magh Bihu.
The court’s decision came in response to petitions filed by People for the Ethical Treatment of Animals (PETA) India. The petitions were heard by Justice Devashis Baruah, who accepted the arguments presented by senior advocate Diganta Das on behalf of PETA India. The court ruled that buffalo and bulbul fights violated the Prevention of Cruelty to Animals Act, 1960, and that bulbul fights further breached the Wildlife Protection Act, 1972.
Justice Baruah’s ruling also cited the May 7, 2014, Supreme Court judgment in the Animal Welfare Board of India vs. A. Nagaraja (Jallikattu) case, which established the legal framework for protecting animal rights. The SOP permitting such fights was deemed to contravene this landmark judgment.
The High Court noted that Assam had not amended the Prevention of Cruelty to Animals Act, unlike some other states. Instead, the state sought to bypass the Act and the Wildlife Protection Act, 1972, as well as the Nagaraja judgment. Justice Baruah emphasized: “Section 3 of the Prevention of Cruelty to Animals Act, 1960 imposes a mandatory duty on persons in charge of animals to ensure their welfare. Rights conferred on animals must be upheld, and if violated, the law must enforce those rights with legal sanctions.”
PETA India presented evidence from investigations revealing the cruelty inflicted during these fights. The organization claimed buffaloes were subjected to beatings and bulbuls were starved and intoxicated to force them into fighting. PETA also argued that the SOP failed to prevent illegal fights, which continued to occur outside the permitted dates.
An investigation into a buffalo fight held in Ahatguri, Morigaon district, on January 16, revealed disturbing practices. “Owners slapped, pushed, and jabbed buffaloes with wooden sticks. They were dragged by their nose ropes and forced to engage in combat. Once the fights began, handlers struck the animals with sticks and bare hands, causing further distress. Buffaloes locked horns and inflicted bloody wounds on each other’s necks, ears, faces, and foreheads. Some sustained injuries all over their bodies. The fights continued until one buffalo retreated,” PETA India reported.
In a similar probe into bulbul fights in Hajo on January 15, PETA found that red-vented bulbuls—protected under Schedule II of the Wildlife Protection Act, 1972—were illegally captured, drugged, and starved. The captured birds were reportedly fed intoxicating substances such as marijuana, herbs, bananas, black pepper, cloves, and cinnamon to agitate them. “Handlers starved the bulbuls for at least one night before the fight and used a piece of banana to provoke the hungry birds into attacking each other. The fights, lasting five to ten minutes, were prolonged by blowing air on the exhausted birds to force them to continue,” the investigation revealed.
PETA India applauded the High Court’s decision, calling it a victory for animal rights and urging strict enforcement of the ban to prevent further cruelty.
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