Gauhati High Court bans Buffalo and Bulbul fights in Assam

The Gauhati High Court on Tuesday imposed a complete ban on Buffalo fights and Bulbuli (Bulbul) bird fights in the State of Assam[People for Ethical Treatment to Animals (PETA India) v. State of Assam and Others]..Justice Devashis Baruah emphasized that under Section 3 of the Prevention of Cruelty to Animals (PCA) Act, individuals in charge of animals are bound by a mandatory duty to ensure their welfare.."Section 3 of PCA Act, 1960 deals with duty of persons having charge of animals which is mandatory. Rights so conferred on animals are thus the antithesis of a duty and if those rights are violated, law will enforce those rights with legal sanction," the Court said..The Court was hearing two separate pleas - one concerning the rights of buffaloes and the other addressing the rights of bulbuls..On December 27, 2023, the Assam government had issued a standard operating procedure (SOP) that permitted such animal fights during Magh Bihu festival..The Court observed that while States like Maharashtra, Tamil Nadu, and Karnataka have amended the PCA Act with presidential assent to accommodate traditional animal-based practices, Assam has not made such amendments.."Unlike Maharashtra, Tamil Nadu and Karnataka, Assam has not made any amendments in 1960 Act but instead resorted to overcome (through SOP) 1960 act as well as Wildlife Protection Act, 1972 and A Nagaraja constitution bench judgment, which is not permissible," the Court said..The Court held that such an approach is impermissible under Article 254 of the Constitution.."You amend 1960 Act and get presidential assent, without it you cannot override through SoP, in view of Article 254. You have to comply with the judgment of the Supreme Court that is the law of the land" it stated.Accordingly, the Court set aside the SOP and directed the State of Assam to ensure full compliance with the provisions of the PCA Act and the Wildlife Protection Act..(Judgment yet to be uploaded).Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.