The Gauhati High Court on Tuesday imposed a blanket ban on buffalo and bulbul fights in Assam, striking down a standard operating procedure (SOP) issued by the state government in December last year, which had permitted such events during the Magh Bihu festival.
The order was passed by Justice Devashis Baruah in response to petitions filed by People for the Ethical Treatment of Animals (PETA).
The petitioners argued that the SOP violated the Constitution, The Prevention of Cruelty to Animals Act, 1960, and previous rulings of the Supreme Court, including the landmark judgment in Animal Welfare Board of India vs A Nagaraja.
According to a PETA release, investigations into the fights revealed that buffaloes were subjected to beatings and left terrified and severely injured, while bulbuls were starved, intoxicated, and forced to fight over food. “Permitting these fights at any time of the year results in enormous animal abuse,” PETA contended.
The Moh-Juj
The centuries-old tradition of Moh-Juj, a buffalo fight, was introduced to Assamese culture by the 30th Ahom King, Swargadeo Rudra Singha, nearly 200 years ago.
Celebrated as a sport, the riverside town of Ahatguri has been hosting buffalo fight tournaments as part of the Magh Bihu celebrations since 1972.
Magh Bihu, also known as Bhogali Bihu or Maghar Domahi, is a prominent harvest festival observed in January or February, marking a time of feasting, cultural festivities, and community bonding in Assam.
Notably, Chief Minister Himanta Biswa Sarma had last year in the month of January inaugurated the buffalo fights at historic Ahatguri in Morigaon district.
The fight was initially banned in 2015 by the Assam government in compliance with a Supreme Court judgement.
Reflecting on the event, Assam Chief Minister Himanta Biswa Sarma had remarked, "In another effort to revive and preserve Assam's timeless Bihu traditions, I had the privilege of witnessing the Moh-juj after a nine-year hiatus in Ahatguri. The buffalo fight, along with elephant as well as bulbul fight, was introduced by Ahom King Rudra Singha. Since then, the buffalo fight has remained a part and parcel of the Assamese community."
Cultural practice Legal hurdle
Buffalo fights, locally known as ‘Moh-Juj’, are deeply entrenched in Assamese tradition and are typically held during the Magh Bihu celebrations in mid-January.
Despite a Supreme Court ban on animal fights at religious and cultural festivals in 2016, smaller-scale events have continued, particularly at Lakshmi Nath Bezbaruah Kshetra in Ahatguri, the most prominent venue for buffalo fights, located 90km east of Guwahati.
In an attempt to regulate the practice, the Assam government’s SOP had allowed buffalo and bulbul fights during Magh Bihu, provided no cruelty or deliberate harm was inflicted upon the animals.
The guidelines also required organisers to ensure the well-being of the participating animals.
However, the High Court found these measures insufficient, noting continued instances of cruelty and the illegality of the practice under existing laws.
Historical and judicial context
The 2016 Supreme Court ruling explicitly prohibited animal fights, asserting that cultural practices could not override the constitutional mandate to prevent animal cruelty.
The High Court’s decision aligns with this precedent, reinforcing the prohibition of such events.
Magh Bihu, a harvest festival celebrated with feasting, traditional games, and cultural events, is central to Assamese identity.
However, the inclusion of animal fights has increasingly faced scrutiny from animal rights activists, who argue that such traditions must evolve in compliance with modern ethical standards.
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