IMPORTANT POINT
The court ruled that traditional animal fights are impermissible under the Prevention of Cruelty to Animals Act and Wildlife Protection Act, emphasizing that cultural practices cannot override legal protections for animal welfare.

JUDGMENT :

(Devashis Baruah, J.)

Heard Mr. D. Das, the learned Senior Counsel assisted by Mr. D.J. Das, the learned counsel appearing on behalf of the petitioners in both the writ petitions. Mr. B.J. Talukdar, the learned Additional Senior Government Advocate appears on behalf of the respondent Nos. 1 and 2.

2. It is seen from the materials on record that service has been duly affected upon the respondent No. 3 but none has appeared on behalf of the respondent No. 3.

3. People for Ethical Treatment of Animals (PETA) is the writ petitioner in both the writ petitions. The writ petitioner claims to be a Charitable Company incorporated under Section 25 of the Companies Act, 1956 and continues to operate under the Companies Act, 2013. The writ petitioner further claims to be a reputed organization working for the promotion and protection of animal welfare and animal rights in India. In both the writ petitions, the writ petitioner had challenged the Notification dated 27.12.2023 whereby the Governor of Assam have issued an SOP/guidelines to ensure that buffalo and other traditional birds fight are allowed to be organized in all places where it has been traditionally organized with specific provision for regulation by the District Administration to ensure that cruelty to animals is not allowed to be inflicted.

4. In WP(C) No. 466/2024, the Notification dated 27.12.2023 is challenged on the aspect pertaining to the Buffalo Fight (Moh-Juj) whereas in WP(C) No. 468/2024 the Notification dated 27.12.2023 is assailed on the aspect pertaining to Bulbuli Bird Fights.

5. Before embarking upon the adjudication as regards the legality and validity of the Notification dated 27.12.2023, this Court finds it relevant to mention the circumstances which led to the issuance of the impugned Notification dated 27.12.2023. It is seen from the very impugned Notification dated 27.12.2023 that the event of Buffalo Fights (Moh-Juj) is claimed by the Government of Assam as an integral part of the culture and tradition of Morigaon and Nagaon Districts etc., in Assam for centuries. It is mentioned therein that events of Buffalo Fights were organized formerly during the Ahom Rule, especially in Rang Ghar and it was a part of the Magh-Bihu festival. It is also mentioned that the politico-economic relationship between the Tiwa Chief (Gobha Raja) of the then undivided Nagaon District and Ahom Barphukan and the tradition of the Jonbeel festival bridged the gap between the two historical kingdoms of Assam which smoothened the road through which the tradition of Moh-Juj was transplanted to undivided Nagaon district (Nagaon and Morigaon district) from Rang Ghar. It also appears from the said impugned Notification that Historians believed that Moh-Juj was practiced in undivided Nagaon district in a different forms (unorganized and unprofessional) before the 17th century and the relationship between the Ahom and Tiwa Chief resulted in intermixing of culture and traditions between the people of both the kingdoms, which culminated in formal introduction of Moh-Juj in undivided Nagaon district.

6. Furthermore, it is also seen that a writ petition was filed by an Organization in the name and style of Oitigya Mandita Ahatguri Anchalik Moh-Juj and Bhogali Bihu Utsav Samiti along with Another which was registered and numbered as WP(C) No. 73/2016 whereby the petitioners therein assailed the order dated 13.01.2015 of the Officer-in-Charge of Dharamtul Police Station as the petitioners therein were directed not to conduct the Buffalo Fights.

7. It is further noticed that vide a judgment and order dated 10.10.2023, the learned Coordinate Bench of this Court categorically opined that the well being of the buffaloes were adversely affected because of certain provocative acts being committed by the organizers of the Buffalo Fights like subjecting the buffaloes to commotions and keeping them tied and hungry for days to make them aggressive and also on many occasions the buffaloes were force