STAFF REPORTER
GUWAHATI: The Gauhati High Court has directed the Chief Secretary to the Government of Assam to look into the long-standing tradition of buffalo fights being conducted in the State during the festival of Magh Bihu, as well as the well-being of the animals being put in jeopardy by the organizers, and to take a conscious decision on the matter, which should be informed to the court.
Oitigya Mandita Ahatguri Anchalik Moh-Juj and Bhogali Bihu Utsav Samiti had filed a case (WP(C)/73/2016) against an order dated January 13, 2015 of the officer in-charge of Dharamtul Police Station, based on the directions of the Supreme Court, which ordered the president and secretary of the Samiti not to conduct buffalo fights during Magh Bihu.
During the hearing of the case, the senior counsel for the respondents relied upon the pronouncement of the Supreme Court in Animal Welfare Board of India v. A. Nagaraja and others case, especially paragraph 35, which interprets Section 3 of the Prevention of Cruelty to Animals Act 1960. It was observed that “well-being of the animals means the state of being comfortable, healthy, or happy, and forcing the bull and keeping it in the waiting area for a number of hours and subjecting it to scorching sun is not for the well-being of the animal”. Forcing and pulling bulls by nose ropes into the narrow, closed enclosure and subjecting them to all forms of torture, fear, pain, and suffering by forcing them to go to the arena are also not for the well-being of the animal.
Moreover, in paragraph 44, it was observed that bulls cannot be performing animals and automatically not designed for that, but are forced to perform by inflicting pain and suffering, in total violation of Sections 3 and 11(1) of the Prevention of Cruelty to Animals Act 1960. The senior counsel relied upon the aforesaid two observations and conclusions of the Supreme Court to justify the stated communication by which the petitioners were restrained from indulging in a buffalo fight on the occasion of Magh Bihu.
The counsel for the petitioners on the other hand, submitted that buffalo fighting is a tradition that has existed in the State of Assam for a long time and is particularly performed as a part of the festival of Magh Bihu.
In response to this argument, the state authorities produced an opinion rendered by wildlife expert Bibhab Kumar Talukdar of the NGO Aaranyak, which is connected with the protection and welfare of wildlife. Talukdar expressed the view that human-triggered buffalo bull fights among domestic buffalos are totally against the ingrained natural attributes of the buffaloes, and the buffalo fights are mainly organized for the amusement of humans. But the opinion also reflected that buffalo fighting in some parts of India is recognized as a tradition, and there are various superstitions associated with buffalo fighting in India.
But what the court found noticeable in Talukdar’s opinion is that, in such human-induced buffalo fights for entertainment, the buffalos are brought into the arena and are subjected to commotion in order to agitate the buffalos. Also, the buffalos are forcibly fed local intoxicants to create anxiety, aggression, and restlessness in the buffaloes, which in some cases result in fatalities for the buffalo bulls.
In the light of the facts, the HC, therefore, directed the Chief Secretary to “take a conscious decision on the matter” and inform the decision to the court. The next date of hearing has been fixed for November 9, 2023.
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