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‘Buffalo, bulbul fights still happening’: HC seeks explanation from Assam govt
The Assam government allowed the traditional buffalo fight and bulbul fight in the state this year and issued an SOP in December last year
Silchar: The Gauhati high court has asked the Assam government to submit an explanation within three weeks over the alleged violation of its order on buffalo and bulbul fights in the state.
The high court was hearing a second writ petition filed by the People for the Ethical Treatment of Animals (PETA) on February 25, along with two fast information reports (FIR), alleging that buffalo fights were conducted by violating the court’s order.
A special bench headed by justice Manish Choudhury observed that the court acted against such activities, but the state authorities were silent.
In its order issued on March 4, justice Choudhary said, “The petitioner by filing an additional affidavit has brought on certain facts to suggest that even after the order of this court dated 06.02.2024, Buffalo fights (Moh Juj) are still being held and the authorities are not taking any appropriate measures in this regard.”
“This court has already passed an order observing that during the pendency of this writ petition, the state government shall ensure compliance with the SOP/notification, this court thinks it proper that a direction should be issued to the state authorities to notify and intimate through the district administration/competent authorities the fact of passing of the order dated 06.02.2024 and to ensure strict compliance of the SOP and order of this court dated 06.02.2024 as discussed herein above,” the order further reads.
The court listed the matter for the next hearing on April 1. “The state respondents are granted three weeks time to file an affidavit,” the court said.
The high court in early February in response to PETA India’s application for interim relief against traditional Buffalo fight competition which was allowed by the Assam government this year, had directed the to immediately halt “unauthorised buffalo fights” stating that any buffalo fights held after January 25, 2024, were prima facie illegal, as they contravened the standard operating procedures (SOPs) issued by the state government.
In the March 4 hearing on the reports submitted by PETA, the court also asked the state to instruct the district administration authorities to follow the SOP.
The Assam government allowed the traditional buffalo fight and bulbul fight in the state this year and issued an SOP in December last year. The traditional fights were conducted in some areas during the Magh Bihu celebrations, on 15 and 16 January, which chief minister Himanta Biswa Sarma himself attended.
Against this, a writ petition was filed by PETA in early February before the high court alleging that the animals and birds were harmed during the process. The organisation also termed the state government’s SOP “a violation of the provisions of the Prevention of Cruelty to Animals Act, 1960 and Wildlife Protection Act, 1972”.
“The SOP was issued without amendment to the Prevention of Cruelty to Animal Act, 1960 and without the assent of the President of India under Article 254 of the Constitution of India,” PETA India has said in his petition.
Advocate Diganta Das for PETA said, “The Assam government passed an SOP without amendment in the present law, which is a violation of the Prevention of Cruelty to Animals Act, 1960 and Wildlife Protection Act, 1972.”
He said that three other states resumed the traditional animal fights by amending their state laws but Assam did not follow. “Maharashtra, Tamil Nadu and Karnataka amended their state laws before issuing SOP. Moreover, in Assam, the government is allowing animal-to-animal fights which is a violation of a constitutional bench judgement of the Supreme Court,” he said.
Advocate D Nath, representing the state, during the hearing on February 6, admitted that the SOP allows buffalo and bulbul to fight for 10 days – January 15 to 25 every year – in some specific areas.
PETA on February 25, lodged two FIRs in the Nagaon district alleging that buffalo fights were conducted by violating the court’s order. According to PETA India, buffalos sustained grievous hurt during these fights.
