Why in News?

The Delhi High Court refused to direct the Centre to impose a total prohibition on slaughter of cows and its progeny as competent legislature has to be approached for any steps in this regard.

Background

• The court was dealing with a Public Interest Litigation (PIL) praying for a direction to the Centre for a total prohibition on the slaughter of cow and its progeny which includes old-useless bulls, bullocks and old buffaloes and male counterpart, without any further delay.
• The Court noted that there is already a ban in respect of cow slaughter in the National Capital pursuant to a law enacted by the City Government.
• It was further remarked by the court that for other states, the petitioner was free to take appropriate steps considering a Supreme Court decision, which held that legislature cannot be compelled to come out with a particular legislation.
  • The Supreme Court observed that only a competent legislature can decide such questions arising in relation to prohibition of slaughter of cow and its progeny, and the Supreme Court, in exercise of its writ jurisdiction, cannot compel the legislature to promulgate a particular legislation.
  • The Top Court ultimately left it to the appellants in the case to approach the legislature.
  • The Supreme Court further stated, “There is already an Act in force in the State of Delhi as discussed above which provides for a ban on slaughter of cattle, and in respect of other states the Petitioner shall certainly be free to take appropriate steps in light of the order passed by the Hon’ble Supreme Court”.

Court’s Observations

In light of the Apex Court’s order, the Delhi High Court said that the petitioner cannot press for the reliefs sought in this petition.

Cow Slaughter

• Cattle slaughter has also been opposed by various Indian religions because of the ethical principle of Ahimsa (non-violence) and the belief in the unity of all life forms.
• The Constitution of India under Part IV - Directive Principles of State Policy provides that the state shall endeavor to organize agriculture and animal husbandry on modern and scientific lines, take steps to improve breeds and prohibit the slaughter of cows, calves, and other milch and draught cattle.
• In pursuance of the principle enshrined in DPSP, around 20 states have passed laws restricting the slaughter of cattle (cows, bulls, and bullocks) and buffaloes to various degrees.
  • Some of the States where Cow Slaughter is totally banned are as follows:
  • Bihar, Chhattisgarh, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Uttar Pradesh imposed a complete ban on cow slaughter.

Cases Laws on validity of Banning Cow Slaughter

Mohd. Hanif Quareshi v. State of Bihar (1959) - The Supreme Court held that:

• A total ban on the slaughter of cattle is valid and in consonance with the directive principles laid down under Article 48.
• A total ban on she-buffaloes and breeding bull or working bullocks as long as they are capable of being used as milch or draught cattle was also reasonable and valid.

State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) -

• The petition in this case was filed challenging the amendments in Section 5 of the Bombay Animal Preservation Act,1954 which was also applicable to the state of Gujrat.
• The Apex Court in this landmark judgement upheld the constitutional validity of anti-cow slaughter laws enacted by various State Governments in India.

Constitutional Law Aspect

Article 48 - Organisation of agriculture and animal husbandry —

• The State shall endeavour 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.

Article 51-A - Fundamental duties - It shall be the duty of every citizen of India:

• (g) To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

Delhi Agricultural Cattle Preservation Act, 1994

• The purpose of the Act is to provide for the preservation of animals suitable for milch, draught, breeding or agricultural purposes.
• The Act extends to the whole of the National Capital Territory of Delhi.
• Section 4 - Prohibition on slaughter of Agricultural Cattle - Notwithstanding anything contained in any other law for the time being force or in any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered or offer or cause to be offered for slaughter any agricultural cattle.