Alok Singh
In People for Ethical Treatment to Animals (PETA India) v. State of Assam and Others, the Gauhati High Court, on December 17, 2024, completely banned Buffalo fights and Bulbuli (Bulbul) bird fights in the State of Assam.
While putting the ban, Justice Devashis Baruah highlighted that in Section 3 of the Prevention of Cruelty to Animals (PCA) Act year, the individuals in charge of animals are bound by a mandatory duty to ensure their welfare.
Justice referred to Section 3 of PCA, which states, ‘It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.’
The Court was hearing two sets of pleas, one for Buffalo and the other for Bulbul Bird. The arguments were made that the buffalo and bulbul fights violated the Prevention of Cruelty to Animals Act of 1960 and that the bulbul fights additionally violated the Wildlife Protection Act of 1972, and the Court accepted these arguments.
The order quashed the Standard Operating Procedure (SOP) issued by the Assam government on December 27, 2023, allowing buffalo and bulbul bird fights during a certain period of the year, i.e. in January.
The Court also noted that Assam had not undertaken such amendments, unlike Maharashtra, Tamil Nadu, and Karnataka, where the PCA Act was amended with presidential approval, which allowed traditional animal-related practices in those states. It was noted that such an approach is impermissible under Article 254 of the Constitution.
The Court opinioned that the SOP violated the Supreme Court’s judgment dated May 7, 2014, in the case of Animal Welfare Board of India vs A Nagaraja. In this case, the court recognized that the amendments done by Tamil Nadu, Maharashtra, and Karnataka aim to balance the PCA Act with cultural traditions and practices.
Additionally, the court emphasized that such practices must adhere to strict regulations to minimize animal cruelty and underlined the state’s duty to ensure animal welfare under constitutional principles.
PETA India had submitted investigations showing that terrified and severely injured buffaloes were compelled to fight, and starved and intoxicated bulbuls were made to fight over food, as evidence. Also, several fights were held illegally outside the allowed date per the SOP.
The animal welfare group argued that these events inflict severe suffering on the animals, inherently subjecting them to cruelty. They emphasized that such practices are inconsistent with the values of non-violence (‘ahimsa’) and compassion, which are integral to India’s cultural and traditional ethos.
Case Name: People for Ethical Treatment to Animals (PETA India) v. State of Assam and Others
Bench: Justice Devashis Baruah