April 28, 2024

Lukmaan IAS

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BATTLE OF TRADITIONS: PETA’s LEGAL CHALLENGE AGAINST BUFFALO AND BULBUL FIGHTING IN ASSAM

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TAG: GS 1: SOCIETY

THE CONTEXT: The clash between age-old cultural traditions and ethical concerns has surfaced in Assam, where the government’s attempt to revive buffalo and bulbul fighting during the Magh Bihu festival faces a legal challenge from People for Ethical Treatment of Animals (PETA).

EXPLANATION:

  • We will see the historical significance, discontinuation, revival, and PETA’s stance is crucial to navigate the complexities of this cultural and ethical battle.

Tradition Revived: Magh Bihu and Folk Culture

  • Festival and Folk Culture:
    • Buffalo and bulbul fighting are integral to the Magh Bihu festival in Assam, celebrated in January.
    • Buffalo fights in Ahatguri and bulbul fights in Hajo are deeply rooted in the cultural fabric of the region.
    • Ahatguri’s buffalo fights have been a decades-old tradition organized by the local committee, drawing significant crowds.

Discontinuation and Supreme Court’s Intervention

  • Halt Post Supreme Court’s 2014 Ruling:
    • The fights ceased following the Supreme Court’s 2014 judgment prohibiting the use of bulls in events like jallikattu and bullock-cart races nationwide.
    • Animal Welfare Board of India (AWBI) directed the Assam government to halt animal and bird fights during Bihu celebrations.

Revival Post Supreme Court Amendments

  • Supreme Court Amendments and Government Approval:
    • In May 2021, the Supreme Court overturned its 2014 ruling, allowing states like Tamil Nadu, Maharashtra, and Karnataka to amend the Prevention of Cruelty to Animals Act 1960 for events like jallikattu.
    • Assam’s Cabinet granted approval in December for SOPs to conduct buffalo and bulbul fights without deliberate cruelty.
  • SOPs and Controversies:
    • SOPs specify fights only in places with a 25-year tradition, with buffalo fights limited from January 15 to 25.
    • The SOPs aim to prevent cruelty, ban intoxicants, and impose a five-year ban for violations.
    • Assam Chief Minister’s active involvement in the events sparked controversies.

PETA’s Legal Challenge: Ethics and Animal Welfare

  • PETA’s Petitions in Gauhati High Court:
    • PETA India filed petitions seeking a ban on buffalo and bulbul fighting, presenting evidence from events in Ahatguri and Hajo.
    • Allegations include physical abuse of buffaloes, injuries sustained during fights, and the illegal capture and incitement of bulbuls.
  • Interlocutory Application and Court’s Response:
    • The court heard an application stating a buffalo fight was scheduled post-January 25, possibly violating SOPs.
    • The court acknowledged potential violations and directed petitioners to inform the district administration to prevent the event.

Cultural Preservation vs. Ethical Concerns: Balancing Act

  • Government’s Stance:
    • The Assam government frames the revival as an effort to preserve timeless Bihu traditions.
    • Chief Minister’s active participation signals a commitment to cultural preservation.
  • Ethical Concerns:
    • PETA’s challenge raises ethical questions about animal welfare and cruelty in the name of tradition.
    • Allegations of physical abuse and injuries during fights underscore the need for a balanced approach.

People for Ethical Treatment of Animals (PETA):

  • PETA India is the animal rights organization.
  • It’s a non-governmental organization (NGO) that works to end animal abuse in business and society.
  • PETA India’s mission is to: raise awareness about animal cruelty, educate policymakers and the public and promote respect for all animals.

Prevention of Cruelty to Animals Act, 1960:

  • It is an act of the Parliament of India that prevents the infliction of unnecessary pain or suffering on animals.
  • The act was originally passed in 1890 and replaced by the 1960 act.
  • The act provides for the prevention and protection of animals from: Cruelty, Unnecessary pain, Overwork, Torture, Abuse.
  • The act also establishes the Animal Welfare Board of India

Conclusion: Striking a Balance for Cultural Heritage

  • The clash between tradition and ethics underscores the delicate balance needed to preserve cultural heritage while respecting ethical considerations. As legal battles unfold, the outcome will influence not only the fate of buffalo and bulbul fighting in Assam but also set precedents for navigating similar conflicts between cultural practices and animal welfare across the globe.

SOURCE: https://indianexpress.com/article/explained/explained-culture/peta-assam-buffalo-bulbul-fighting-9142486/

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