In December 2024, the Gauhati High Court reintroduced a ban on traditional buffalo and bulbul (songbird) fights during Magh Bihu Assam. The court struck down a notification issued by the Assam government January 2024 which had attempted to revive these practices after nearly a decade.
Legal Context
- Prevention of Cruelty to Animals Act, 1960: The Act prohibits the infliction of unnecessary pain or suffering on animals. Buffalo and bulbul fights contravene this principle by subjecting animals to stress and injury.
- Wildlife Protection Act, 1972: The Act defines “hunting” to include activities such as baiting or driving any wild or captive animal, directly encompassing practices like bulbul fights.
- Supreme Court Judgments:
- 2014 Ruling: The Supreme Court banned bull-related sports like jallikattu, kambala, and bullock cart races, citing cruelty to animals and deeming bulls “performing animals.”
- 2023 Reversal: The Apex court upheld amendments by Tamil Nadu, Maharashtra, and Karnataka that allowed these traditional sports under state-specific provisions. Crucially, these amendments were vetted and approved at the Central level.
- Assam’s Notification and SOPs:
- In January 2024, the Assam government issued SOPs following 2023 SC’s judgement to regulate buffalo and bulbul fights under the pretext of preserving tradition, limiting them to areas with a 25-year history of such events.
- The Guahati court struck down this move, observing it bypassed both national laws and the Supreme Court’s earlier judgments. Assam had not made legislative amendments akin to Tamil Nadu or Karnataka, nor obtained Presidential Assent for such changes.
Cultural Context
- Magh Bihu Celebrations:
- Buffalo and bulbul fights are long-standing traditions linked to the Assamese harvest festival, symbolizing communal identity and heritage.
- Ahatguri and Hajo are prominent centers for these events, attracting large gatherings and boosting local festivities.
- Ethical Concerns:
- The events often involve capturing and baiting animals, leading to stress, injury, and potential death, which contradicts contemporary views on animal rights and welfare.
High Court’s Observations
- The Gauhati High Court noted that the Assam government’s SOPs could not override national statutes and the Supreme Court’s directives.
- The absence of legislative amendments similar to those in Tamil Nadu, Maharashtra, and Karnataka left Assam’s attempts to revive the practices legally untenable.
