A significant point of debate in India, the cow protection law, primarily the Assam Cattle Preservation (Amendment) Act, 2021, has been the center of attention. Introduced less than a year ago, this law has significantly impacted the beef industry, particularly in Meghalaya resulting in an acute beef crisis. Four north-eastern states: Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland, surprisingly do not have any regulation for cattle slaughter.
Unpacking the Key Features and Issues of the Act
The Act, with its unique provisions and implications, is worth understanding in detail.
Key Features:
– Prohibition of Cow Slaughter: The Act completely bans the killing of cows.
– Selective Slaughter: The slaughter of other cattle such as bulls, bullocks, and buffaloes is allowed only if the animal is over 14 years old or permanently incapacitated due to injury or deformity.
– Transport and Sale Restrictions: The Act strictly controls intra-state and inter-state transport of cattle and restricts beef sale to certain locations.
– Inspection Authority: The authorized officials have the right to inspect and seize cattle and vehicles involved in illegal activities under this Act.
– Confiscation upon Conviction: Upon legal conviction, the seized cattle and vehicles are confiscated by the state government.
Key Issues:
– Transportation Limitations: The Act has significantly limited cattle transportation across the north-eastern region of India, given the stringent restrictions on transportation through Assam.
– Restrictive Cattle Export: The Act prevents cattle transport from Assam to states where no regulation governs cattle slaughter.
– Burdensome Costs: The Act stipulates that the accused should bear the maintenance costs of seized cattle during trial proceedings, which can prove expensive.
– Broad Restrictions on Beef Sale: The extensive restrictions on beef sales essentially may amount to a prohibition on beef sales across the state.
Why is Cow Slaughter Banned?
Cow slaughter is banned in adherence to the Directive Principles of State Policy (Article 48) of the Constitution. This article urges the state to organize agriculture and animal husbandry on modern and scientific lines, improve breeds and prohibit the slaughter of cows, calves, and other milch and draught cattle. As a response to this directive, more than 20 states have passed relevant laws restricting cattle slaughter.
Judiciary Perspective on Cow Slaughter
Over time, the scope of prohibition under these state laws has been shaped by Supreme Court judgments. Early state laws such as those in Madhya Pradesh (1949), Bihar (1955), and Uttar Pradesh (1955) completely prohibited cattle slaughter.
In 1958, the Supreme Court expressed that complete prohibition infringed upon the fundamental rights of butchers to practice their trade or profession. The court allowed the complete prohibition on cow slaughter, while it restricted the ban on slaughter of other cattle like bulls, bullocks, and buffaloes to a certain age or based on their usefulness.
In a stark contrast, the Supreme Court in 2005 upheld the complete prohibition of bulls and bullocks slaughter under Gujarat’s amendment law. Recent years have seen states including Chhattisgarh, Madhya Pradesh, Maharashtra, Haryana, and Karnataka, completely banning the slaughter of bulls and bullocks of all ages.
Significant Initiatives for Cow Protection
Several significant initiatives for cow protection are also worth noting. They include Rashtriya Gokul Mission, Gokul Gram, Pashu Sanjivni, and National Bovine Genomic Center which aim to promote and protect the bovine population in the country.
