State authorities are mandated to strictly enforce the Prevention of Cruelty to Animals Act, 1960, and the Wildlife (Protection) Act, 1972, prohibiting traditional animal fights, as such events remain illegal despite being claimed as custom or tradition, consistent with binding Supreme Court precedents.

BEFORE

HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 08.04.2026

Heard Mr. D. Das, learned Senior Counsel, assisted by Mr. D. J. Das, learned counsel and Ms. A. Kedia, learned counsel appearing on behalf of the petitioner. Also heard Ms. U. Das, learned Addl. Senior Government Advocate, representing the State respondents.

2. The instant petition, under Article 226 of the Constitution of India has been filed by PETA India, which is a charitable company incorporated under Section 25 of the erstwhile Companies Act, 1956, which operates its functions from its registered office, located at Preet Vihar, New Delhi, India.

3. It is the contention of the petitioner that PETA is a reputed organization working for the promotion and protection of animal welfare and animal rights in India. It has been consistently raising concerns over the inhumane and diabolic treatment of animals in this country. It is working towards animal welfare and protection by way of research, advocacy of legislative reform and investigative efforts into the harmful and cruel treatment of animals and subsequent rescue operations and has also been a whistle-blower, raising concerns on critical issues, such as the inhumane conditions and deplorable handling of animals when used for human entertainment.

4. The petitioner has approached this Court, praying for a direction to be issued upon the authorities in the State of Assam to ensure that the provisions of Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as PCA Act) and the provisions of Bharatiya Nyaya Sanhita, 2023 (BNS) be strictly enforced so as to prohibit the illegal buffalo fights (Mohjuj) that continues to be organized and conducted in Assam in violation of a previous order of this court, dated 17.12.2024.

5. It is the contention of the petitioner that it has approached this Hon’ble court earlier by way of filing two writ petitions, i.e., WP(C) No. 466/2024 and WP(C) No. 468/2024, inter alia, challenging the Standard Operating Procedure (SOP) dated 27.12.2023, issued by the Home and Political Department, Assam, wherein the Government of Assam sought to permit conducting buffalo fight (Mohjuj) and bulbul fight (Bulbuli fight). It is contended that both the aforesaid writ petitions were heard extensively by the learned Single Judge, who, vide order dated 17.12.2024, set aside and quashed the notification dated 27.12.2023 and also directed the State Government of Assam to ensure that the provisions of the PCA Act, particularly, Section 3, Section 11(m) & (n), Section 22 and section 9 of the Wildlife (Protection) Act, 1972 (In short the Act of 1972) are strictly enforced. It is contended that the learned Single Judge has conclusively settled the issue of the legality of buffalo fights, holding them to be in violation of the PCA Act and further observed and directed that the judgment in the case of Animal Welfare Board of India Vs. A. Nagaraja and others, reported in (2014) 7 SCC 547 as well as Animal Welfare Board of India and others Vs. Union of India and Another, reported in (2023) 9 SCC 322 are law within the meaning of Article 141 of the Constitution of India and therefore, the State Government of Assam is bound to conform to the law laid down by the aforesaid judgments. It is the contention of the petitioner that in spite of the aforesaid conclusive finding and judgment of the learned Single Judge, some organizations in Assam are continuously organizing such buffalo fights (Mohjuj) in various places of Assam.

6. Mr. D. Das, the learned Senior Counsel, appearing for the petitioner, submits that in sheer disregard and in violation of the aforesaid judgment and order dated 17.12