The Gauhati High Court earlier this week reinstated a ban on the traditional buffalo and bulbul (song bird) fight in Assam’s Magh Bihu. The court struck down a notification issued by the Assam government this January that attempted to revive these practices after nearly a decade.
In doing so, the court observed that the Assam government sought to override the Prevention of Cruelty to Animals Act, 1960, the Wildlife Protection Act, 1972, and the Supreme Court’s 2014 judgment that outlawed the use of bulls as livestock. Jallikattu, Kambala and bullock cart race.
What are these traditions? Why and how did the Assam government try to revive them? Since 2023, Jallikattu, Kambala and bullock cart races have been allowed in Tamil Nadu, Karnataka and Maharashtra respectively, but why Guwahati High Court refused?
A long-standing tradition
The fight between the buffalo and the nightingale is part of the folk culture associated with the Assamese winter harvest festival of Magh Bihu in January.
During Magh Bihu, buffalo fights are held in various parts of Assam, Ahatguri in Nagaon district being the largest centre. Ahatguri Anchalik Moh Juj Aru Bhogli Utsav Udghatan Samiti has been fighting there for decades, drawing huge crowds.
On the other hand, bulbul fights are an attraction at the Hayagriva Madhab temple in Hajo, about 30 km from Guwahati. Participants rear the birds for about two weeks before Bihu, forcing them to fight until they are strong. Temple authorities say the practice has been around for centuries and was carried out by the rulers of the Ahom dynasty (13th to 19th centuries).
A nine-year ban
The fights were halted after a 2014 SC verdict, which directed the Animal Welfare Board of India (AWBI) to ensure that “no animal keeper incites any animal to fight against a human being. Or another animal.” Later, AWBI wrote to the Assam government in January 2015, requesting an end to animal and bird fighting during Bihu celebrations, after which the government directed district administrations to stop them. This ban remains in place despite legal challenges to the order.
However, in May 2023, the SC struck down the 2014 ban by upholding amendments made by the Tamil Nadu, Maharashtra and Karnataka governments to the Prevention of Cruelty to Animals Act 1960 to allow jallikattu, kambala and bullock cart races.
Later, the Assam government formulated and issued SOPs this January to conduct these fights, allowing them only in places where they have been “traditionally conducted” for the past 25 years, and that moh juz (buffalo fights) will be allowed only between January 15 and . January 25. The SOPs stated that these fights were intended to be practiced without “intentional torture or cruelty” to the animals and included. Bans on human-caused injuries, and bans on the use of intoxicants or performance-enhancing drugs, as well as sharp instruments to provoke animals for buffalo fights.
Bulbul fight SOPs require organizers to ensure birds are released in the open in “perfect condition” at the end of the game. The SOP mentions that any organization violating the conditions will be banned for the next five years.
Following the release of these SOPs, the 2024 Magh Bihu saw both practices held again with Assam Chief Minister Himanta Vishwa Sharma citing it as an effort to “preserve Assam’s timeless Bihu traditions”.
challenge
The Assam government’s notification and SOPs were challenged by PETA India in the Guwahati High Court. Prohibition of these activities. In two joint petitions, they claimed that during their investigation of both the Ahatguri and Hajo incidents this year, they found that the buffaloes were suffering and injured, and that the buffaloes were captured illegally and “provoked, against their natural instincts. to fight for food.” “
Counsel for the State Government submitted that the allegations made in the petitions were already addressed by the SOPs.
The court observed that under the Wildlife Protection Act, 1972, the definition of “hunting” extends to “capturing, driving, trapping, driving or luring any wild or captive animal and every attempt to do so”.
Justice Devashis Barua said that since bulbuls are protected under Schedule 2 of the Act, the practice “despite regular measures” is contrary to the provisions of the Act.
The court found the state government’s notification in violation of Section 22 of the Animal Protection Act, 1960 read with the 2011 gazette notification by the central government which prohibits “bulls” from being exhibited or trained as performance animals.
Justice Barua observed that in 2023 the SC had allowed bull-taming sports in Tamil Nadu, Karnataka and Maharashtra as the states had amended the 1960 Act which received the President’s assent.
“In the instant case it is recalled that the State of Assam instead of amending the 1960 Act as Maharashtra, Tamil Nadu and Karnataka have done, has resorted to the Animal Protection Act of 1960 and to protect wildlife. An executive directive which is not valid in the opinion of this court,” he said.
Why should you buy our membership?
You want to be the smartest in the room.
You want access to our award-winning journalism.
You don’t want to be confused and misinformed.
Choose your subscription package