Cow-Legislation

SUPREME COURT JUDGEMENTS  23rd APRIL, 1958   - (BIHAR & U.P.)


PUBLISHER’S NOTE

The Judgment of Supreme Court of India on the Validity of the Bihar Preservation and Improvement of Animals Act, (Bihar Act II of 1956), of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (U. P. Act No.1 of 1956), and of the C. P. and Berar Animal Preservation Act (C. P. and Berar Act LII of 1949). 

Dated 23^rd April 1958. 

To meet the demand of our branches all over India the Judgment has been published and a nominal cost has been charged.

Gohatya Nirodh Samiti.
3, Sadar thana Road,  
Delhi-6


Court Judgement


After giving our most  careful and anxious consideration to the pros and cows of the problem as indicated and discussed above and keeping in view the presumption in favour of the validity of the legislation and without any the least disrespect to the opinions of the legislatures concerned we feel that in discharging the ultimate responsibility cast on us by the constitution  we must approach and analyse the problem in an objective and realistic manner  and then make our pronouncement on the reasonable ness of the restrictions imposed by the impugned enactments. So Approaching and analyzing the problem, we have reached the conclusion (i) that a total ban on the slaughter of cows of all ages and calves of cows and of she-buffaloes, male and female, is quite reasonable and valid and is in consonance with the directive principles laid down in Art, 48 (ii) that a total ban on the slaughter of she-buffaloes or breeding bulls or working bullocks (cattle as well as buffaloes) as long as they are milch or draught cattle is also reasonable and valid (iii) that a total ban on a slaughter of she-buffaloes ,bulls and bullocks(cattle or buffalo) after they cease to be capable of yielding milk, or of breeding or working as draught animals cannot be supported as reasonable in the interest of the general public.

We now proceed to test each of the impugned Acts in the light of the aforesaid conclusions we have arrived at .The  Bihar Act in, so far as it prohibits the Slaughter of cows of all ages  and calves of cows and calves of buffaloes, male and female, is valid. The Bihar Act makes no distinction between she-buffaloes, bulls and bullocks (cattle and buffaloes), which are useful as milch or breeding or draught animals and those which are not indiscriminately prohibits slaughter of she-buffaloes, bulls and bullocks (cattle and buffalo) irrespective of their age and usefulness. In our view in ban on slaughter of she-buffaloes, breeding bulls and working bullocks (cattle and buffalo) ceases to be useful in reasonable but of  those which are not useful is not valid. The question is 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 of legislative determination. There is no provision in the Bihar Act in that behalf. Nor has our attention been drawn to any rule which may throw any light on the point. It is therefore, not  possible to apply  the doctrineof severability and  uphold the ban on the slaughter of she-buffaloes, breeding bulls and working bullocks(cattle and buffalo) which are useful as milch or breeding or working animals and strike down the ban on the slaughter of those which are useless. The entire provision banning the slaughter of she-buffaloes, breeding bulls and working bullocks (cattle and buffalo) has, therefore to be struck down. The result is that we uphold and declare that the Bihar Act in so far as it prohibits the slaughter of cows of all ages and calves of cows and calves of buffaloes, male and female, is constitutionally valid and  we hold that, in so far is it totally  prohibits the slaughter of she-buffaloes, breeding bulls and working bullocks (cattle and buffalo), without prescribing any test or requirement as to their age or usefulness, it infringes the rights of the petitioners under atr.19(I)(g) and is to that extent void.

As regards the U.P Act we uphold and declare for reasons already stated, that it is constitutionally valid in so far as it prohibits the slaughter of cows of all ages and calves of cows, male and female but we hold that in so far it purports to totally prohibit the slaughter of breeding bulls and working bullocks without prescribing any test or requirement as to their age or usefulness, it offends against art. 19(I) (g)  and is to that extent void.

In the premises we direct the respondent States not to be enforce their respective Acts in so far as they have just been declared void by us. The parties will bear and pay their own costs of these applications.

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