Mapping the Journey of Cow Slaughter Act in India

Cow slaughter has always been a controversial topic in India because of the respected status in Hinduism, Sikhism and other religion, while it is an acceptable source of meat to other religions.

Hindus wanted a ban on cow slaughter because of its association with Lord Krishna. It was also an integral part of rural livelihoods and a part of economic necessity too, as cattle would help them on their fields and a part of livelihood and was worshipped as a holy animal.

The slaughter of cattle got banned in India since 1955. Prime Minister Indira Gandhi introduced the prohibition on slaughtering cows and bullocks, who said that cow slaughter would not be tolerated in India. For this purpose, under Article 246 of the Indian constitution, the states were given the power to implement and amend laws. It is when the Cow Slaughter Act came into the picture, which was not a national act but got implemented at the state level.

History of Cow Slaughter Act

The history can be traced back to 1946, when the people came to know about the formation of the constituent assembly. People started sending telegrams and letters to Mahatma Gandhi to make a provision for making cow slaughtering illegal.

There was no provision relating to cow slaughter during the presentation of the initial draft of the Constitution in 1948. But After the 24 November 1948 amendment, cow slaughter was added to the Directive Principle of State Policy rather than in Fundamental Rights.

Thakur Dass Bhargava, a spokesperson if the congress committee, said he wanted to incorporate it into fundamental rights, but other congress members disagreed on his part.

These debates finally resulted in the formation of Article 48 of the Indian Constitution, which states that the state shall endeavour to organise agriculture and animal husbandry and take steps for preserving and improving the Breed and probating the slaughter of cows.

It was the first time prohibition of the Cow Slaughter Act was mentioned in a legal document in India.

Article 48 was a guiding principle for laws to be framed, so in 1950 the West Bengal government and the Assam government enacted Cow Slaughter Act. Later, in 1954 Gujarat government enacted the act.

The Uttar Pradesh government enacted the Cow Slaughter Act in 1955; therefore, Punjab, Bihar, Himachal Pradesh, and Haryana governments also enacted provisions for the same, followed by Madhya Pradesh and Odisha.

Article 48 could get functional only after passing it through legislatures. So, various attempts were made in 1952 to present it in the legislature and in 1955, Seth Govind Das presented a bill named Cattle Prevention Bill, but the House rejected it by a vote of 95 against and 12 in favour of the bill.

Amendments in Cow Slaughter Act

The law has been updated from time to time to suit the changing needs of society. The Cow Slaughter Act 1955 got amended in 2020 and now includes stricter penalties for those caught slaughtering cows.

The maximum penalty has been increased to 7 years imprisonment and/or a fine of Rs 10 thousand.

This amendment will determine those who engage in cow slaughtering activity and help to protect the cows.

Earlier, the Cow Slaughter Act got amended in 2003 by introducing a new section 3(1), which states that “no person shall slaughter any cow or buffalo unless he or she has obtained a license”.

It is further provided that the licence will be issued with an application made to the State Government/Union Territory Administration concerned, who shall refer such application to the Central Government for necessary action.

Reasons for the ban on cow slaughter

The cattle slaughter ban is a law enacted in India called the Cow Slaughter Act of 1955. So, the primary reason for the prohibition of cow slaughter include:

• The reason for this law is to protect the environment, animals and people from the diseases caused by cattle.
• The ban on cattle slaughter is a hallmark of animal welfare laws.
• To look after inhumanity to animals and animal welfare issues, including their need for space and proper diet.
• To protect the livelihood of farmers.

Government view on the cow slaughter ban

The Cow Slaughter Act is one of India’s most contentious and emotive issues. The cow bloodbath isn’t only a religious issue but also a money-spinning and social issue.

Cow slaughter has been banned in India since 1956 by the congress time. Even the Supreme Court declared it illegal in many of its judgements. Since then, thousands of people got prosecuted under the law.

Again the cow slaughter ban was one of the most controversial laws (amendment act of 2020) passed by the Modi government.

The law bans massacring cows and vending beef in India and prohibits cruelness towards creatures, including dealing with them for commercial purposes.

The Indian government has argued that eating beef causes anxiety among Hindus and hurts religious sentiments.

Different states have different Cow Slaughter Acts, like the Maharashtra Animal Preservation Amendment Act 2014, the Bihar Preservation and Improvement of Animals Act 1955 and the Uttar Pradesh Prevention of Cow Slaughter Act 1955.

UP Prevention of Cow Slaughter Act 1955

The UP Prevention of Cow Slaughter Act was passed in 1955 to prevent the slaughter of cows and oxen.

The Act:

• Prohibits the slaughter of cows and oxen, including bullocks and camels
• Protects the rights of all animals such as goats, buffaloes and goats, sheep, pigs and chickens
• Prohibits the commercial selling of beef and heifers from cattle slaughtered, violating the Act
• Ensures that cattle are not slaughtered for human consumption or other uses if they are diseased or unhealthy

A person who operates or owns a slaughterhouse has to register it within three months from the date of commencement of the Act, or he will be liable for imprisonment up to six months, or a fine of Rs. 500/- or both. The Cow Slaughter Amendment Act 2020 makes it illegal to slaughter cows and is punishable by up to 7 years in jail.

Bihar Reservation and improvement of animals act 1955

Section 3 of the Bihar Reservation and Improvement of Animals Act says that no slaughtering of cows or Bullox will be held unless the authorities permit it.

Authority Can only permit when the cows or bullocks have attained the age of 25 or are permanently unable to yield milk and not capable of breeding.

If any person contravenes Section 3 of this Act, then he is liable for a punishment of imprisonment of a term of 6 months and a fine of 1000 rupees.

Maharashtra Animal Preservation Act 1976

Slaughtering cows is banned unless a fit for slaughter certificate is obtained under Section 6 of the Maharastra Animal Preservation Act.

Total prohibition of sale purchase or any disposal of bull or cows

Under this Act, any person not below the rank of Sub Inspector can enter any premises or stop and search any vehicle to ban cow export.

Any person found to slaughter the cow or transporting it without a proper licence will be liable for a fine of up to 10000 rupees and imprisonment, which may extend to five years.

Conclusion

The Cow Slaughter Act is a set of laws passed by numerous countries to cover bovines from being massacred for their meat or leather.

While some people see the passage of the Cow Slaughter Act as government overreach, others feel that guarding these creatures against being killed is a worthwhile cause.

Most states in India executed the Cow Slaughter Act to make cow bloodbath illegal within the state. Per the Act, the penalty will depend on the number of cows killed.

The government also made it legal to fine or immured those who receive beef imported into the state.