Page No.# 1/7 vs The State Of Assam And 6 Ors
2023 Latest Caselaw 4207 Gua

                                                                 Page No.# 1/7

GAHC010201532016




                          THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : WP(C)/73/2016

         OITIGYA MANDITA AHATGURI ANCHALIK MOH-JUJ and BHOGALI BIHU
         UTSAV SAMITI and ANR
         MORIGOAN, DIST. MORIGAON, KAMRUP, ASSAM- 782105. THROUGH SRI
         PRANAB JYOTI DAS SECRETARY.

         2: SRI PRANAB JYOTI DAS
          SECRETARY
          MOH-JUJ AND BHOGALI BIHU UTSAV SAMITI
          MORIGAON
          DIST. MORIGAON
          KAMRUP
         ASSAM-782105

         VERSUS

         THE STATE OF ASSAM and 6 ORS,
         THROUGH THE PRINCIPAL SECRETARY, HOME, POLITICL INFORMATION
         AND PUBLIC RELATIONS, GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006,
         ASSAM.

         2:THE DEPUTY COMMISSIONER

          NAGAON
          ASSAM-782201.

         3:THE DEPUTY COMMISSIONER
          MORIGAON- 782105
          KAMRUP
         ASSAM.

         4:THE CIRCLE OFFICER

          MORIGAON REVENUE CIRCLE
          MORIGOAN- 782105
                                                                       Page No.# 2/7

             KAMRUP
             ASSAM.

            5:THE OFFICER-IN-CHARGE

             DHARAMTUL P.S. DHARAMTUL- 782412
             MORIGAON
             DISTRICT
             KAMRUP
             ASSAM.

            6:THE UNION OF INDIA
             REP. BY MINISTRY OF ENVIRONMENT AND FORESTS (MOEF)
             GOVT. OF INDIA
             NEW DELHI.

            7:THE ANIMAL WELFARE BOARD OF INDIA
             FARIDABAD
             HARAYANA-121004

Advocate for the Petitioner   : MR.A D CHOUDHURY

Advocate for the Respondent : GA, ASSAMR1




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                        ORDER

Date : 10.10.2023

Heard Ms. B. Choudhury, learned counsel for the petitioner. Also heard Mr. B.J. Talukdar, learned Senior Counsel for the respondents.

2. By this petition, the petitioners assail an order dated 13.01.2015 of the Officer in Charge of Dharamtul Police Station which provides that pursuant to the directions of the Hon'ble Supreme Court the President/Secretary of Oitijyo Mandita Ahatguri Anchalik Moh Juj Samittee was asked to refrain from conducting the buffalo fight.

Page No.# 3/7

3. Mr. B.J. Talukdar, learned Senior Counsel for the respondents relies upon the pronouncement of the Hon'ble Supreme Court in Animal Welfare Board of India v. A. Nagaraja and others reported in (2014) 7 SCC 547 (in short, Animal Welfare Board of India-I) wherein in paragraph 35, upon interpreting Section 3 of the Prevention of Cruelty to Animals Act 1960 it was observed that well-being of the animals means the state of being comfortable, healthy or happy and forcing the bull and keeping the same in the waiting area for a number of hours and subjecting it to scorching sun, is not for the well-being of the animal and forcing and pulling bulls by nose ropes into the narrow closed enclosure and subjecting it to all forms of torture, fear, pain and suffering by forcing it to go to the arena and also overpowering it at the arena by the bull tamers, are also not for the well-being of the animal. In paragraph 44 it was observed that bulls therefore cannot be performing animals and automatically not designed for that, but are forced to perform by inflicting pain and suffering in total violation of Section 3 and 11(1) of the Prevention of Prevention of Cruelty to Animals Act 1960.

4. Mr. B.J. Talukdar, learned Senior Counsel relies upon the aforesaid two observations and conclusions of the Hon'ble Supreme Court to justify the impugned communication by which the petitioners were restrained from indulging in a buffalo fight on the occasion of Magh Bihu.

5. Ms. B. Choudhury, learned counsel for the petitioners on the other hand submits that buffalo fight is a tradition which existed in the State of Assam since long and is particularly performed as a part of the festival of Magh Bihu.

6. In response to the same, the State authorities has produced an opinion rendered by Wild Life Expert namely Sri Bibhab Kumar Talukdar who is associated with the N.G.O. Aaranyak, which is intricately connected with the Page No.# 4/7

protection and welfare of wild life. In the opinion, a view is expressed that human triggered buffalo bull fights among domestic buffalos are totally against the engrained natural attributes of the buffalos and the human induced buffalo fights are mainly organized for the amusement of humans. But the opinion also reflects that buffalo fighting in some parts of India is recognized as a tradition and there are various superstitions associated with buffalo fighting in India. But what is noticeable is that the opinion also states that in such human induced buffalo fights for entertainment, the buffalos are brought into the arena by their respective owners and are subjected to commotions, loud instruments like Gongs are played in order to agitate the buffalos and sometimes they are kept tied up and hungry for days to make them aggressive and also, on many occasions the buffalos are forcibly fed local intoxicants for creating anxiety, aggression and restlessness in the buffalos and further, often in such human induced fights among buffalo bulls, there are fatalities to the buffalo/buffalos.

7. A reading of the afore-extracted opinion of the Wild Life Expert, draws a parallel to what is provided in paragraph 35 of the judgment of the Hon'ble Supreme Court in Animal Welfare Board of India-I wherein also it was noticed that forcing the bull and keeping the same for a number of hours and subjecting it to scorching sun is not for the well being of the animal and forcing and pulling the bulls by nose ropes into the narrow closed enclosures and subjecting it to all forms of torture, fear, pain and suffering by forcing it to go to the arena and overpowering it at the arena by the bull tamers are also not for the well-being of the animal.

8. From such point of view, with reference to the opinion of the Wild Life Expert referred above, if in human induced buffalo fights for entertainment, the buffalos are brought into the arena by the respective owners and are subjected Page No.# 5/7

to commotions, loud instruments like Gongs are played in order to agitate the buffalos and sometimes they are kept tied up and hungry for days to make them aggressive and also, on many occasions the buffalos are forcibly fed local intoxicants for creating anxiety, aggression and restlessness in them, the same would have to be viewed to be an act against their well-being.

9. Ms. B. Choudhury, learned counsel for the petitioners refers to a subsequent decision of the Hon'ble Supreme Court rendered in Animal Welfare Board of India and others v. Union of India and another reported in (2023) SCC OnLine SC 661 (in short, Animal Welfare Board of India - II). In Animal Welfare Board of India - II certain legislations enacted by the States of Karnataka, Tamil Nadu and Maharashtra, providing for bull fighting in those States was assailed by the same petitioner Animal Welfare Board of India & others. In the later judgment in Animal Welfare Board of India-II, the Hon'ble Supreme Court had upheld the constitutionality of the legislations enacted by the three states.

10. Accordingly, it is submission of Ms. B. Choudhury, learned counsel for the petitioner that as the subsequent legislations legitimizing the bull fights in the States have been upheld by the Hon'ble Supreme Court, therefore, there is an implied modification of the provisions of the earlier judgment rendered in Animal Welfare Board of India-I. Accordingly, it is the submission that as there is an implied modification of the propositions laid down by the Hon'ble Supreme Court in paragraphs 35 and 44 of the Animal Welfare Board of India-I, therefore, the submissions of the State authorities to rely upon the said provisions to justify the impugned communication dated 13.01.2015 would no longer be acceptable.

11. But Mr. B.J. Talukdar, learned Senior Counsel for the respondents on the other hand by referring to the complete judgments in Animal Welfare Board of India-I and Animal Welfare Board of India-II submits that there is neither any Page No.# 6/7

expressed nor any implied modification of the propositions laid down in paragraphs 35 and 44 of the Animal Welfare Board of India-I and therefore, it would be incorrect that the said propositions cannot be relied upon by the State authorities to justify the impugned communication dated 13.01.2015.

12. It is also the submission of Mr. B.J. Talukdar, learned Senior Counsel for the State authorities that the three legislations have been upheld inasmuch as the legislations provide for certain regulatory procedure of the bull fights and because of the regulatory procedure, the effect of paragraphs 35 and 44 in Animal Welfare Board of India - I have been mitigated to a great extent.

13. Taking note of the opinion rendered by the Wild Life Expert, it is discernable that the well-being of the buffalos are adversely affected because of certain provocative acts being committed by the organizers of the buffalo fights like subjecting the buffalos to commotions and keeping them tied up and hungry for days to make them aggressive and also, on many occasions the buffalos are forcibly fed local intoxicants for creating anxiety etc. But at the same time, it is also an admitted position of the parties including the petitioner and the respondents that prevalence of buffalo fights during Magh Bihu is a long standing tradition in the State of Assam.

14. As regards the two submissions that the on one hand it is a long standing tradition and on the other hand, the well-being of the animals are compromised, it appears that the aspect of provocative acts being inflicted on the animals have been taken care of.

15. In the circumstance, the respondents in the State of Assam through the Chief Secretary to the Government of Assam to look into the aspect of the long standing tradition of buffalo fights being performed in the State of Assam during Page No.# 7/7

the festival of Magh Bihu which is a part of the tradition as well as the aspect of the well-being of the animals being put to jeopardy because of any provocative acts being inflicted by the organizers and thereupon, to take a conscious decision on the matter. Any resultant decision that may be taken be informed to the Court. For the purpose the Chief Secretary may also take note of the provisions of the Hon'ble Supreme Court in paragraph 44(ii) of the judgment rendered in Animal Welfare Board of India-II by referring to the paragraphs as appears in the judgment of Animal Welfare Board of India and others v. Union of India and another reported in (2023) SCC OnLine SC 661 .

16. A copy of this order be made available to Mr. P.K. Medhi, learned counsel assisting Mr. B.J. Talukdar, learned Senior Counsel for the respondents.

List on 09.11.2023.

JUDGE

Comparing Assistant