Close on the heels of Maharashtra achieving a total ban on cow slaughter and sale of beef, the PMO has sought the advice of the law Ministry to introduce a model Bill, which other States could consider and enact.
At present, cow slaughter is banned in large parts of the country with some exceptions, particularly the North East and Kerala. Some States, which have a law on cow slaughter, permit the killing of other cattle such as bulls, bullocks and buffaloes, aiding supply and marketing of beef. However, States like Gujarat, Maharashtra, Rajasthan, Jammu & Kashmir and Himachal Pradesh have stringent laws in place banning slaughter of any cattle stock.
Seeking to address this lack of uniformity existing across States and Union Territories, the Prime Minister Office recently addressed a letter to the Union Ministry of law and Justice to prepare a model Bill that can serve as a benchmark for the entire country. The PMO referred to Article 48 of the Constitution providing for States to enact laws “prohibiting slaughter of cows, calves and other milch and draught cattle”.
The letter even proposed a study of laws enacted by various States, including the one enacted in Gujarat, which had received the stamp of approval from a Constitution Bench of the Supreme Court in 2005. A seven-judge bench of SC upheld the State Government’s order banning slaughter of bulls and bullocks too aged above 16 years.
Another aspect lacking uniformity is the punishment aspect contained in the State laws. The sentence prescribed for cow slaughter or sale or possession of beef varies from five to seven years and fines range from Rs10,000 to Rs1 lakh. The PMO has asked the law Ministry to “examine and advice” on a model Bill to help States “exercise their choice of consideration to introduce similar enactments”.
This is not the first time Centre has decided to circulate a model law to States. According to sources in the Ministry, similar exercise was conducted by Ministry of Water Resources which introduced model legislations on flood zone protection and conservation and regulation of groundwater, on which lines State Governments had enacted their laws.