The Gauhati High Court has imposed a complete ban on buffalo fights and bulbuli (bulbul) bird fights in Assam, marking a significant step towards animal welfare. The decision was issued in the case People for Ethical Treatment to Animals (PETA India) v. State of Assam and Others.
Justice Devashis Baruah, delivering the judgment, emphasized the mandatory duty imposed by Section 3 of the Prevention of Cruelty to Animals (PCA) Act, 1960, on individuals responsible for animals to ensure their welfare. The Court stated, "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."
Background
The Court was hearing two separate petitions—one concerning buffaloes and the other addressing bulbuls. These petitions arose in the context of the Assam government's issuance of a Standard Operating Procedure (SOP) on December 27, 2023, allowing animal fights during the Magh Bihu festival. The High Court observed that while states like Maharashtra, Tamil Nadu, and Karnataka have amended the PCA Act, 1960, with presidential assent to allow certain 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 observed.
Key Observations
Article 254 of the Constitution: The Court held that Assam’s attempt to circumvent the PCA Act through the SOP was impermissible under Article 254 of the Constitution. It emphasized that any deviation from the PCA Act would require formal amendments and presidential assent. “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,” the Court stated.
Legal Compliance: The Court set aside the SOP, directing the State of Assam to ensure strict adherence to the provisions of the PCA Act, 1960, and the Wildlife Protection Act, 1972.
This judgment reinforces the legal framework for animal welfare in India, emphasizing that states must comply with national laws and Supreme Court judgments rather than attempting to bypass them through administrative procedures.
Cause Title: People for Ethical Treatment to Animals (PETA India) v. State of Assam and Others.
