Legality of Cow Slaughter Bans

Prelims – Indian Polity and Governance.

Mains – GS II | Government policies and interventions.

Why in News?

The recent announcement of Maharashtra to invoke Maharashtra Control of Organized Crime Act against repeat offenders in cases of cow-slaughter rekindle debates on slaughter bans.

• Indian Constitution – Article 48  of the Direct Principles directs the state to make efforts for banning animal slaughtering of cows and calves and other milch and draught cattle.
• By virtue of Entry 15 of the State List under 7th Schedule, the State Legislatures have given exclusive powers to make laws regarding the conservation of cattle including the prevention of cow slaughter.
• Statutory provisions – At present, many states have enacted legislation prohibiting the slaughter of cows or the sale of beef.
  • For example, Bihar Preservation and Improvement of Animals Act, 1955.
• Supreme Court – Mohammad Hanif Quareshi Vs State of Bihar (1958) marked a watershed moment to negotiate the centuries-old communally fraught issue of cattle slaughter.
• In this case, Supreme Court (SC) partially upheld the state bans, carving out key exceptions.
• The ban on slaughter of she-buffaloes, breeding bulls and working bullocks (cattle and buffalo) which are useful is reasonable but of those which are not useful is not valid.
• It mainly reframed the issue from its communal overtones to bovine economics.
• It said that cow slaughter was prohibited for economic value and not entirely religious sentiments.

On the right to religion, cow slaughter was held not to be a core tenet of the religion while the Supreme court cited “interests of the general public” as a reasonable restriction on the right to trade and profession under Article 19(1)(g).

• Challenges – The question as to when a she-buffalo, breeding bull or working bullock (cattle and buffalo) ceases to be useful and becomes useless and unserviceable is a matter for legislative determination.

Reference

The Indian Express| Constitution and the Cow