Assam High Court Bans Buffalo, Bulbul Fights After Peta's Petition

Guwahati: The Gauhati High Court has banned buffalo and bulbul fights following a petition filed by People for the Ethical Treatment of Animals (PETA).

An order was passed by the High Court on Tuesday, quashing the Standard Operating Procedure (SOP) issued by the Assam government on December 27, 2023, which allowed buffalo and bulbul bird fights during a certain period of the year (in January).

The Court ruled 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.

The petitions were heard by Justice Devashis Baruah in the Gauhati High Court, where detailed submissions were made by Diganta Das, Senior Advocate, in support of PETA India's argument that the buffalo and bulbul fights violated the Prevention of Cruelty to Animals Act, 1960, and that the bulbul fights additionally violated the Wildlife Protection Act, 1972. The Court accepted these arguments.

As evidence, PETA India had submitted investigations revealing that terrified and severely injured buffaloes were forced to fight through beatings, while starved and intoxicated bulbuls were made to fight over food. PETA India also presented numerous examples of fights being held illegally, outside the dates allowed by the SOP, arguing that allowing the fights at any time of the year led to significant animal abuse.

"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," Kedia added.

An investigation carried out on January 16 by PETA India into fights held in Ahatguri, Morigaon district, revealed that to provoke buffaloes into fighting, owners slapped, shoved, jabbed them with sticks, and dragged them by their nose ropes to make them approach one another.

During the fights, some owners jabbed the buffaloes with sticks and struck them with bare hands, causing further distress. The buffaloes locked horns and fought, sustaining bloody wounds to their necks, ears, faces, and foreheads--many suffered injuries all over their bodies. The fights ended when one of the buffaloes broke away and fled.

An investigation into a bulbul bird fight held in the Hajo area on January 15 revealed that red-vented bulbuls--protected under Schedule II of the Wildlife (Protection) Act, 1972--were illegally captured and forced to fight over food. These birds are often captured several days before the fight, which is considered a form of hunting and is illegal.

The birds are reportedly drugged with marijuana and other intoxicating substances, then starved for at least one night before being forced to fight. During the fight, a piece of banana is dangled in front of the hungry birds to incite them to attack each other. Each fight lasted around five to ten minutes, and exhausted birds were forced to continue fighting by handlers blowing air on them.

PETA India's petition to the High Court pointed out that the buffalo and bulbul fights violated the Constitution of India, the Prevention of Cruelty to Animals Act, 1960, and Supreme Court judgments, including in Animal Welfare Board of India vs A Nagaraja.

The animal rights organisation also argued that such fights are inherently cruel, causing immeasurable pain and suffering to the animals involved, and are contradictory to the principles of ahimsa (non-violence) and compassion, which are central to Indian culture and tradition.