Gauhati High Court quashes state govt's SOP; bans buffalo, bulbul fights in Assam

In response to petitions filed by People for the Ethical Treatment of Animals (PETA) India, the Gauhati High Court quashed the Assam government SOP dated 27 December 2023 which had allowed buffalo and bulbul bird fights during a certain time of the year (in January).

 The petitions were listed before Justice Devashis Baruah in the Gauhati High Court and detailed submissions were made by Diganta Das, Senior Advocate, in support of PETA India’s argument that the buffalo and bulbul fights violate the Prevention of Cruelty to Animals Act 1960 and that the bulbul fights additionally violate the Wildlife Protection Act 1972, which were accepted by the court. 

The Gauhati High Court further held the SOP to be in violation of the judgment dated 7 May 2014 passed by the Hon’ble Supreme Court in Animal Welfare Board of India vs. A. Nagaraja. 
 
As evidence, PETA India had submitted investigations into these fights which revealed that terrified and severely injured buffaloes were forced to fight through beatings and that starved and intoxicated bulbuls were made to fight over food. PETA India had also submitted numerous examples of fights being held illegally, outside the dates allowed via the SOP, arguing that allowing the fights at any time of the year was resulting in enormous animal abuse.

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"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,” says PETA India Lead Legal Counsel, Arunima Kedia. “PETA India is grateful to the Gauhati High Court for prohibiting cruelty to animals in the form of fights which are clear violations of central law and supreme court orders.”

An investigation into a buffalo fight held in Ahatguri in the Morigaon district of Assam on 16 January by PETA India revealed that to instigate buffaloes to fight, owners slapped, pushed, and shoved them; jabbed and struck them with wooden sticks; and pulled them by their nose-ropes to force them to approach one another. When fights were underway, some owners and handlers jabbed the buffaloes with sticks and whacked them with bare hands to cause them further distress. The buffaloes locked horns and fought, sustaining bloody wounds to their necks, ears, faces, and foreheads – many had injuries all over their body. The fights lasted until one of the two buffaloes broke away and fled.
 
An investigation conducted into a bulbul bird fight held in Hajo in Assam on 15 January revealed that red-vented bulbuls – who are protected under Schedule II of the Wild Life (Protection) Act, 1972 – were illegally captured and incited, against their natural instincts, to fight over food.

It is reported that the birds are captured several days before the fight. Capturing protected wild birds is considered a form of hunting and is illegal.
 
The birds are reportedly commonly drugged with marijuana and fed other intoxicating herbs, bananas, black pepper, cloves, and cinnamon to agitate them, then they are starved for at least one night before the fight. During the fight, a piece of banana is dangled in front of the hungry birds, inciting them to attack each other. Each fight lasted approximately five to 10 minutes, and handlers forced exhausted birds to continue fighting by repeatedly blowing air on them.
 
PETA India’s petition to the High Court pointed out that the buffalo and bulbul fights violate the Constitution of India; The Prevention of Cruelty to Animals Act, 1960; and judgements of the Hon’ble Supreme Court of India, including in Animal Welfare Board of India vs A Nagaraja. PETA India also notes that such fights are inherently cruel, cause immeasurable pain and suffering to the animals forced to participate, and contradict the tenets of ahimsa (non-violence) and compassion, which are integral to Indian culture and tradition.