Gauhati High Court Bans Buffalo Fights (Moh-Juj) in Assam
Context:
Recently, the Gauhati High Court directed the Government of Assam to ensure that no buffalo fights (Moh-Juj) are held in the state and to take appropriate punitive action against organisers until further orders. This interim order was issued on April 21, 2026, based on a writ petition filed by People for the Ethical Treatment of Animals India (PETA India).
Key Judicial Directions:
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- Buffalo fights violate the Prevention of Cruelty to Animals Act, 1960.
- Such events cannot be justified on the basis of cultural traditions.
- Allowing or organising such events would violate Supreme Court precedents.
- Strict action must be taken against violators.
- Buffalo fights violate the Prevention of Cruelty to Animals Act, 1960.
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Legal and Constitutional Framework:
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- Supreme Court Precedent:
- Animal Welfare Board of India vs A. Nagaraja
- Held that animal fights involving cruelty are unconstitutional
- Recognised animals’ right to protection from unnecessary suffering
- Held that animal fights involving cruelty are unconstitutional
- Animal Welfare Board of India vs A. Nagaraja
- Constitutional Provision:
- Article 51A(g): Citizens have a duty to protect wildlife and show compassion towards living creatures
- Reinforces environmental protection and ethical governance
- Article 51A(g): Citizens have a duty to protect wildlife and show compassion towards living creatures
- Supreme Court Precedent:
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Background of Moh-Juj Tradition:
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- Moh-Juj is a traditional buffalo fighting event held during Magh Bihu (Bhogali Bihu) in Assam
- Historically organised in Ahatguri, Morigaon district
- Some consider it a rural cultural practice linked to harvest celebrations
- Moh-Juj is a traditional buffalo fighting event held during Magh Bihu (Bhogali Bihu) in Assam
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Attempted Revival (2023–2024):
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- In December 2023, the Assam government issued a Standard Operating Procedure (SOP) allowing buffalo and bulbul bird fights
- It was justified as part of “Assamese cultural heritage”
- In December 2023, the Assam government issued a Standard Operating Procedure (SOP) allowing buffalo and bulbul bird fights
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Judicial Rejection:
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- In December 2024, the Gauhati High Court struck down the SOP
- Held it violated Supreme Court rulings and animal welfare laws
- Unlike Jallikattu in Tamil Nadu, Assam had no legislative amendment to override central law, making the SOP legally invalid
- In December 2024, the Gauhati High Court struck down the SOP
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Significance of the Judgment:
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- Strengthens animal welfare law interpretation: Reinforces strict application of anti-cruelty laws
- Upholds rule of law: Clarifies that executive SOPs cannot override statutory law or Supreme Court judgments
- Scrutiny of cultural practices: Sets a precedent for evaluating traditions against constitutional values
- Judicial consistency: Aligns with the Supreme Court’s evolving animal rights jurisprudence
- Strengthens animal welfare law interpretation: Reinforces strict application of anti-cruelty laws
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Challenges Ahead:
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- Deep-rooted cultural acceptance of such practices
- Enforcement in rural and festive settings
- Political sensitivity around cultural identity
- Need for alternative cultural expressions
- Deep-rooted cultural acceptance of such practices
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Conclusion:
The Gauhati High Court’s interim order strongly reinforces India’s animal welfare framework, emphasizing that tradition cannot override legal protections against cruelty. The ruling supports the constitutional principle of compassion towards living beings while balancing cultural practices with modern ethical and legal standards.
