Recently, the Central Government issued a notification regarding restriction on sale and purchase of cattle in Bazaar and Mandi. The directive also extends to banning of cow slaughter. It has been made clear that excepting the use of cattle in agricultural operation, there cannot be sale and purchase of cattle in the market place. This move of the Central Government has been opposed by some States.
Court cases on Public Interest litigations (PIl) have been filed in High Courts of Kerala, Madras and Rajasthan. Significantly, the Madras High Court has issued stay order as an interim measure on the notification of the Government. On the other hand, the Kerala High Court apparently has supported the decision. It is a remarkable feature that the Rajasthan High Court has not only defended the decision but has held cow slaughter illegal, opposed to Constitutional mandate.
The Rajasthan High Court has gone to the extent of prescribing minimum sentence of three years of imprisonment which may also extend to life imprisonment for the offence of cow slaughter. The court said ‘mother cow is only living being who inhales and exhales oxygen’. The court further said “India is a predominantly agricultural country based on cattle rearing.”
As per Article 48 and 51-A (g) of Constitution, it is expected from the State Government that they should take action to give a ‘legal status’ for cow in the country. The Rajasthan High Court has also directed the State Government that the Chief Secretary to the Government and Advocate-General of the State henceforth will be the legal custodian of the cow. The ruling of the court regarding protection of cattle and keeping the cow at a high place and comparing cow with mother as “Go-Mata” has been held across the country. The decision of the court is a welcome step to preserve and protect the cattle cutting across the lines of religious bias and party politics.
In the context, Nepal is the only country where cow is the National Animal. It is worthy of mention that religion is divorced from politics and Statecraft.
Recently Union Minister Hansaraj G Ahir said, “It is difficult to maintain cows which are not self sustaining animals. We need to protect them by setting up cow sanctuaries on the lines of those for tigers.” Similarly Rajya Sabha MP Subramaniam Swamy said ban on cow slaughter has been guaranteed by the constitution. He said accordingly the Centre has withdrawn 13 subsidies given by the previous Government on export of cows and beef. “Even the western world has realized that beef is not a very good source of protein and that they can get such more protein from pulses and soya beans,” Swamy said while advocating ban on cow slaughter.
Mofatlal Group of Industries Chairman Hrishikesh Mafatlal urged the corporate world to include cow protection as part of their Corporate Social Responsibility.
However, regarding the Central Government notification banning cow slaughter and the restriction on the sale and purchase of cattle in the market place, opinions have been divided and three High Courts have given divergent opinions. There are also expressions from different quarters that the decision of the Government is encroachment in the personal liberty of a citizen. There is a feeling gaining ground that the Government has no right to say what type of food one would take. Food habits like taking beef as food are purely personal matters and as such the Government has no business to interfere. It is worthy of mention that Article-21 of the constitution speaks in laudable terms that “no person shall be deprived of his life and personal liberty except according to procedure established by law”. In the famous Menka Gandhi’s pass port impounding case, the Supreme Court has enlarged the ambit of the words “life and liberty” employed in Article – 21. This means and includes right to live with dignity.
In this back drop, Article – 48 and Article - 51(A) and (g) have spelt in unequivocal language for the protection of cattle. Article – 48 provides: “the State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.”
Therefore, there is a constitutional directive prohibiting cow slaughter and as such, the State has to protect the cattle and improve upon animal husbandry in the country. It may be argued that Article – 48 and 51(A) are directive principles of state policy embodied in Chapter – IV of the constitution which is non-justiciable rights but nevertheless, they are fundamental for the governance of the country.
The Supreme Court in a plethora of judgments have laid down the law that the directive principles on many occasions have been given primacy over fundamental rights, for ensuring socio-economic reforms which is a necessity of the time.
Therefore the recent Central Government, directive on restriction of sale and purchase of cattle and prohibition of cow slaughter is in accordance with constitutional provisions. The State is bound to follow the directive principles. On the other hand, no political party who would capture the reins of governance can lightly brush aside these constitutional provisions. The Prevention of Cruelty to Animals-Act also speaks in laudable terms to protect and preserve animals and to have compassion for living creatures which is apparent from Article-51(A)(g). This is certainly the fundamental duty of every citizen. There is also Wild life Protection Act and the law is very clear that killing of animals and birds in the forest, natural sanctuary and destroying wile life are criminal offence.
The killing of black deer (Krushnasar Mruga) from the forest near Jodhpur by film actor Salman Khan and others and their prosecution and trial is fresh in public memory. So judged from that angle, trading on cattle and cow slaughter which is prohibited by the constitution are certainly criminal offence liable for punishment.
In Odisha there is Cow Slaughter Act-1960 which prohibits killing of cow unless of course, the cow is diseased for whose killing the permission of a specified competent authority is necessary. Similar other prohibitory legislations on cow slaughter are also in force in other States. Therefore, this speaks in volume that cow slaughter is illegal and is punishable under law. The Central Government has also asked the States to frame their respective laws banning cow slaughter.
The Government has also solicited the public opinion on this issue.
Recently, the UP Government has issued a direction completely prohibiting cow slaughter and trading on cattle. The Government has made it clear that if anybody found indulging in such activities would be detained under the National Security Act, besides starting of criminal prosecution under Gangster Act and the DGP of the State has issued orders accordingly to all police stations.
In the meantime, against the notification of restricting sale and purchase of cattle and banning cow slaughter, a PIl has been filed before the Supreme Court. In the fitness of circumstances, when the judicial opinions of different High Courts are sharply divided on this question of national importance, it would be appropriate that the President of India may seek the opinion of the Supreme Court in this regard in exercise of his powers under Article-143 of the constitution which would go a long way to set the matter at rest.