COW SLAUGHTER

Supreme Court on Total Ban on Cow Slaughter

Hasmatullah, Appellant v. State of Madhya Pradesh and others, Respondents.

A.M. Ahmadi, CJI, N.P. Singh and B.N. Kirpal, JJ. Constitution of India, Articles 19(1)(g), 48, 226 M.P. Agricultural Cattle Preservation Act (1959), Section 4(1)(a) (as amended by M.P. Krishik Pashu Pariraksan (Sanshodhan) Adhiniyam (1991)-Validity -Total ban on slaughter of bulls and bullocks-

Imposes unreasonable restriction on fundamental rights of butchers.

Decision of Madhya Pradesh High Court Reversed.

The inclusion of bull or bullock in sub-clause (a) of sub-section (1) of Section 4 of the Act, brought about by the Amending Act of 1991 has imposed an unreasonable restriction on the fundamental rights of the butchers and to that extent only the sub-clause is held to be ultra vires. The effect of this would be that there would be a total ban on the slaughter of cow, calf of cow and calf of she buffalo while the slaughter of bull or bullock, along with other agricultural cattle, shall fall under sub-clause (b) of Section 4(1) of the Act and they can be slaughtered after complying with provisions of the said sub-clause and obtaining a certificate contemplated by sub-section (2) of Section 4 of the said Act.

Decision of Madhya Pradesh Court, Reversed.

AIR 1958 SC 731 needs no reconsideration.

The absolute ban on slaughter of bulls and bullocks is not necessary for complying with Article 48 of the Constitution.

The statement of some author in the article sought to be relied upon by the petitioner does not indicate as to from where he has obtained the information or data on the basis of which he has concluded that the gain to an owner by retaining a cattle which has stopped giving the milk is still Rs.20,000/- per year. Merely because the article is written in which such a statement is made cannot be a reason for accepting as correct what is stated therein without the Court being satisfied as to the basis on which such a conclusion has been arrived at. Merely because some person has made such vague and unsubstantial statement in writing can be no ground for concluding that an absolute ban on the slaughter of useless bulls and bullocks is a reasonable restriction under Article 19(6) of the Constitution.

Constitution of India, Article 226 - Question of fact-Petition challenging total ban on slaughter of bulls and bullocks - Question involved was "till what age the cattle in question are useful"- Is normally a question of fact-Writ Court has to be very careful in accepting what data should be accepted and relied upon if there is a bona fide dispute between parties.

(Source: AIR 1996 Supreme Court 2076)

Beef: A Cheap Source of Protein

A ban on cow slaughter will rob millions of poor people of a cheap source of protein. The cheap source of protein denied to millions of people can be substituted by other sources only at a tremendous cost, which the nation can ill-afford when nearly 50 per cent of the population is under-nourished.

People do not feed cows when they stop yielding milk; they become a burden and are left to fend for themselves. If cow slaughter is banned, such animals will become a public nuisance.

Anti-cow slaughter measures would also interfere with the proprietary rights on the animals. Unless the Government acquires these animals, it would be illegal to impose conditions on their use. If the Government does acquire them, it will be saddled with the logistics of impounding and feeding millions of animals countrywide, which will cost the public exchequer a fortune.

(Source: The Tagore Daan, Mysore)

Hitesh Mehta on the Uses of Old Cow Progeny

Whenever the question of complete ban on cow- slaughter is raised, certain 'intellectuals' argue that when there is scarcity of fodder for young animals, how can the country bear the burden of feeding old and useless animals.

But scientifically, old animals are not only viable but also a boon to the country.

One bullock consumes about seven kg of fodder, which means about 3600 kg per annum. The fodder which it consumes is returned in the form of dung within twenty-four hours. It gives about five tonnes of dung per annum from which ten tonnes of natural manure is made which can be used for fertilizer needs of four acres of land. If jowar or bajra is harvested, the crop production is at least 2400 kg and the stalk can be easily enjoyed by animals as fodder, is about 7200 kg.

Government should start a decentralized dung center in every village.