LAW FOR COW PROTECTION- R. K. Joshi   
(Paper presented before the National Seminar on the need for Central Law for Cow Protection, held at Delhi on 19-20 September, 1998)


The issue of cow protection has been agitating the minds of the entire nation not only since independence but  even before that, when it was declared as one of the major objectives of our freedom struggle. The issue of cow protection has many facets and cannot be considered as an isolated issue. It is a symbolic issue and must encompass in its ambit the protection of entire cattle wealth of the nation including buffaloes, sheep, goats and various other draught, pack and other milch animals.

Despite very strong sentiments on this issue, which was taken up by Jagadgure Shankaracharya and also by Acharya Vinoba Bhave who declared fast unto death on this issue, or the satyagrah by Shri Achyut Kaka Deshpande for 16 long years (until his death) before the Deonar abattoir in Mumbai, the issue remains un-resolved.

This paper deals with one aspect of the whole issue, which is the legal position in this field. The issue of cow protection forms part of the entry titled "preservation, protection and improvement of stock and prevention of animal diseases, veterinary training practice" which is entry No.15 in the State list under Schedule VII of the Constitution. The other relevant provision is Article 48 of the Constitution under the Chapter of Directive Principles of State Policy: 

As the subject forms part of the State list, the Centre has not enacted any law so far for preservation and protection of cattle including cows. (The only Central legislation in the field of Animals -excluding wild life -is the Prevention of Cruelties to Anima's Act, 1960. However, as this act permits killing of animals for food it is not much relevant for the present issue). Further, as the matter is covered under Directive Principles of State Policy which are not enforceable, enactment of necessary legislation by the State also cannot be enforced as Directive Principles are not justifiable. Nevertheless, almost all the States have enacted legislation to provide some protection to cattle animals. (Ironically there are hardly any provisions for positive protection and preservation of animals. Most of these laws are in the nature of manuals prescribing the procedure to be followed for slaughter) Some states have declared these legislation to be in furtherance of Article 48 of the Constitution, whereas some have not made such a reference.

In the process, all the States in India except the State of West Bengal and the State of Kerala have enacted laws which impose total prohibition on slaughter of cow i.e. the female of the cows and female calves. In respect of bulls and bullocks there are either viability-based or age-based restrictions on slaughter of bulls and bullocks ranging from 12 years to 16 years. It is worthwhile to mention that a compendium of all prevailing Animal Laws in India has been brought out in a book titled "Animal Laws of India" co-authored by Smt. Menaka Gandhi, Czair Hussain & Raj Panjwani (Publishers -Universal law Publishing Co. Pvt. Ltd. -Delhi).

Besides laws enacted by the States, this subject has a long history of judicial judgment pronounced by the Supreme Court of India beginning from the year 1958 in the case of Mohd. Hanief Oureshi V/s. State of Bihar and Crs. 1959 SCR 62.9 and till the 1996 judgment in the case of Hashmutullah Vis. State of M.P. & Crs. AIR 1996 SC 2076.  >>>