The Gauhati High Court, on 17/12/2024, imposed a complete ban on buffalo fights and Bulbul (bird) fights in Assam, declaring them in violation of the Prevention of Cruelty to Animals (PCA) Act, 1960, and other legal provisions.

The judgement, delivered by Justice Devashis Baruah, establishes the mandatory duty of individuals under Section 3 of the PCA Act to ensure the welfare of animals in their care. The Court observed that animals have enforceable rights under the law, and any violation of these rights invites legal sanctions.

The Court was hearing two petitions concerning the rights of buffaloes and bulbuls, particularly in the context of traditional animal fights held during the Magh Bihu festival. In its decision, the Court invalidated the Assam government’s Standard Operating Procedure (SOP) issued on December 27, 2023, which permitted such fights during the festival.

Justice Baruah noted that while states like Maharashtra, Tamil Nadu, and Karnataka have amended the PCA Act with presidential assent to protect traditional practices, Assam has not undertaken such amendments. The Court ruled that the SOP was an impermissible attempt to circumvent the PCA Act, the Wildlife Protection Act, 1972, and the Supreme Court’s judgement in Animal Welfare Board of Inida v. A Nagaraja, Civil Appeal/5387/2014.

The Court directed the Assam government to ensure full compliance with the PCA Act and the Wildlife Protection Act.

Case Details: People for Ethical Treatment to Animals (PETA India) v. State of Assam & Ors.