PETA wants to ban two age-old Assamese traditions

GS Paper II & III

News Excerpt: 

Recently, People for Ethical Treatment of Animals (PETA) has filed a lawsuit against the practices of buffalo and bulbul fighting in the Gauhati High Court.

About the news:

  • PETA India filed two linked petitions before the Gauhati High Court seeking the prohibition of both activities and an interim stay preventing any such fights from taking place during the proceedings.
  • It stated that they investigated the events in both Ahatguri and Hajo this year. 
    • PETA claimed that in Ahatguri, in order to instigate buffalos to fight, owners slapped, pushed and shoved them; jabbed and struck them with wooden sticks; and pulled them roughly by nose ropes. 
      • PETA stated that many buffalos had injuries on their bodies from the fights and that the fights lasted until one of the two buffalos broke away and fled.
    • PETA claimed that in Hajo, the bulbuls were illegally captured and incited against their natural instincts to fight over food.

Buffalo and Bulbul fights: 

  • Buffalo and bulbul fights are part of an age-old tradition and the folk culture associated with the Assamese winter harvest festival of Magh Bihu.
    • Magh Bihu takes place in January, at the same time as harvest festivals in other parts of the country, such as Makar Sankranti, Pongal and Lohri.
  • Buffalo fights are held in different parts of Assam during Magh Bihu, with Ahatguri (Nagaon district) being the biggest centre.
  • Bulbul fights are an attraction at the Hayagriv Madhab Mandir in Hajo near Gauhati.

Supreme Court (SC) ruling on the animal fights:

  • The fights were stopped after the Supreme Court’s 2014 judgement forbade the use of bulls as performing animals in jallikattu events and bullock-cart races in Tamil Nadu, Maharashtra, or anywhere else in the country.
  • The Court also directed the Animal Welfare Board of India (AWBI) to ensure that the person in charge or care of the animal shall not incite any animal to fight against a human being or another animal.
  • The Supreme Court last year overruled its 2014 judgement, upholding amendments made by Tamil Nadu, Maharashtra and Karnataka governments to the Prevention of Cruelty to Animals Act 1960 to allow jallikattu, kambala and bullock cart racing.

Assam’s SOP for conducting fights:

  • The fights will only be permitted in places where they have been “traditionally conducted” for the last 25 years.
  • Moh juj (buffalo fights) will only be allowed between January 15 and January 25. 
  • The guidelines prohibit human-inflicted injuries and ban the use of intoxicating or performance-enhancing drugs, as well as sharp instruments for instigating the animals. 
  • The Bulbul fight SOPs require the organisers to ensure that the birds are released in the open “in perfect condition” at the end of the game.
  • It states that any organisation violating the stipulations will face a ban for the next five years.

Current status related to both fights:

  • Recently, the court heard an interlocutory application by the petitioners stating that a buffalo fight event was scheduled to be held outside the stipulated period specified in the government’s guidelines.
  • The Court observed that organising a buffalo fight beyond January 25 is prima facie violating the government’s notification. 
    • It stated that the petitioners should inform the relevant district administration of the event's particulars, and the administration should take the necessary steps to prevent the event, in line with the SOPs.

Debate around Animal Sports in India:

  • There have been many sports that are controversial with respect to animal welfare in India. A few of them include Jallikattu, Cockfight, Kambala, Bear dance, monkey dance and so on.
  • One group says that the animals are being unnecessarily tortured for the entertainment of humans. 
  • The other group claims these sports have been a part of our culture for ages, and the animals are being cared for dearly throughout the year. They are even considered a part of one’s family.

Animal related laws in India:

  • If any animal is subjected to any form of cruelty specified treated in any cruel way, in any of the ways provided under Section11 (a) to (o) of The Prevention of Cruelty to Animals Act, 1960, the offender (in the case of a first offence) will have to pay fine.
  • Protection of animals is enshrined as a fundamental duty in the Indian Constitution.
  • Wildlife Protection Act, 1972 enacted by the Centre.
  • Legislations regarding cow slaughter prohibition and cattle protection at the State levels.
  • Sections 428 and 429 of the IPC provide for the punishment of all acts of cruelty such as killing, poisoning, maiming or rendering useless of animals. 
  • In the context of animal rights, the following matters have been allocated in the State and Concurrent List.
    • Item 14 of the State List provides that the States have the power to preserve, protect and improve stock, prevent animal diseases and enforce veterinary training and practice.
    • In the Concurrent List, both the Centre and the States have the power to legislate on:
      • Item 17: Prevention of cruelty to animals.
      • Item 17B: Protection of wild animals and birds.

Conclusion: 

The legal challenges surrounding buffalo and bulbul fights in Assam highlight the delicate balance between cultural traditions and animal welfare. Despite Supreme Court interventions and government guidelines, concerns persist regarding cruelty. The ongoing efforts by PETA underscore the need for a comprehensive approach to upholding cultural heritage and ethical treatment of animals under evolving legislative frameworks.

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