The Gauhati High Court has imposed a comprehensive ban on buffalo and bulbul bird fights in Assam, nullifying a previous Standard Operating Procedure (SOP) issued by the state government that permitted these events during specific cultural festivities.
Background
Traditionally, buffalo fights, known locally as 'Moh-Juj,' and bulbul bird fights have been integral to Assam's Magh Bihu celebrations, observed annually in mid-January. In December 2023, the Assam government introduced an SOP allowing these animal fights during the festival, aiming to preserve cultural heritage while ostensibly ensuring animal welfare.
Legal Challenge and Court's Findings
The People for the Ethical Treatment of Animals (PETA) filed a petition challenging the SOP, arguing that such events contravene the Prevention of Cruelty to Animals Act, 1960, and the Wildlife Protection Act, 1972. PETA's investigations revealed that buffaloes were subjected to beatings to incite fights, and bulbuls were starved and intoxicated to compel aggressive behavior.
Justice Devashis Baruah, presiding over the case, emphasized that Section 3 of the Prevention of Cruelty to Animals Act mandates individuals responsible for animals to ensure their well-being. The court noted that Assam had not amended the Act to accommodate such traditional practices, unlike states like Tamil Nadu and Karnataka, which have secured presidential assent for specific cultural exceptions.
Consequently, the court ruled that the state's SOP could not override existing animal protection laws and Supreme Court judgments, such as the precedent set in the 'Animal Welfare Board of India vs. A. Nagaraja' case, which underscores the necessity of preventing animal cruelty.
Implications
This ruling signifies a pivotal move towards enforcing animal welfare laws in Assam, ensuring that cultural traditions do not infringe upon legal protections against animal cruelty. The court's decision mandates the state to comply fully with national animal protection statutes, thereby prohibiting the organization of buffalo and bulbul fights during festivals or any other occasions.
The judgment reflects a broader judicial commitment to upholding animal rights and may influence future considerations of cultural practices involving animals across India. It underscores the principle that cultural heritage must evolve in harmony with contemporary ethical standards and legal frameworks designed to protect animal welfare.
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