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)

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In the first case i.e. Mohd. Hanief Oureshi Vis. State of Bihar, the Animal Preservation laws of the State of Bihar,  the State of U.P. and the State of M.P. were challenged. These States had imposed total prohibition on slaughter of entire cow progency i.e. cows, calves, bulls and bullocks. After detailed arguments the Supreme Court came to the conclusion that there being express command of the Constitution under Article 48 for prohibition of slaughter of cows, the total prohibition on slaughter of cows was justifiable. However, bulls and blocks become useless beyond a certain age and are not capable of providing breeding or draught services and hence total prohibition on their slaughter was not in the larger interests of the society. Beside this, the Court also upheld the fundamental rights under Article 19(1)(g) of butchers who were engaged in this trade since ages. This judgment was delivered by a Constitution Bench of 5 Judges.

Though there were debates on the ambit of Article 48 during the arguments1 the court did not go full length to interpret the Article, as it considered that such full interpretation was not called for at that stage considering the issues before it.

Thereafter this issue was again decided in the case of Abdul Hakim Kureshi & Ors. V/s. State of Bihar SCR 610 and Mohd. Farooq V/s. State of M.P. & Ors. 1970(1) SCR156 and in the latest case of Hashmutullah V/s. State of M.P. & Ors. Air 1996 Sc 2076. All these four Judgements followed the verdict of the 1958 judgement and struck down the efforts by the States of Bihar, M.P. and Gujrat to impose total ban on slaughter of entire cow family.

The State of Gujrat had amended its law in the year 1993 imposing total ban on slaughter of entire cow family. The challenge to this law was upheld by the Gujrat High Court in its judgement in Mirzapur Moti Kureshi Kasab Jamat V/s. State of Gujarat, decided on 16-4-1998. An appeal has been filed by the State of Gujarat and Akhil Bharat Krishi Goseva Sangh before the Supreme Court which is awaiting admission. The appeal by the State and the other petitioner has pleaded that the 1958 Judgement may be reconsidered by placing the whole issue before a larger bench.

While on the subject of cow slaughter, one important case (Kedarnath Brahmachari & Ors. V/s. State of West Bengal & Ors. -Civil Rule No. 709(W) of 1071 ) needs to be noted. The West Bengal Animal Slaughter Control Act, 1950 permitted slaughter of cows on Bakri-Id day for religious proposes uls. 12 of the Act. This was challenged before the Calcutta High Court in the year 1971 and the Calcutta High Court ruled in August 1982 that this provision was ultra-vires the Constitution. The State of West Bengal and various Muslim organisationslindividuals went in appeal to Supreme Court and obtained a stay on 9th September, 1983. Thus slaughter of thousands of healthy and young cows continued on Bakri-Id day every year. Thousands of young cows are smuggled across the border into Bangladesh also for the purpose of sacrifice. The Appeal (State of West Bengla etc. V/s. Ashutosh Lahiri & Ors. Civil Appeal Nos. 6791, 6792, 6793 & 6794 of 1983) came up for hearing in the Supreme Court due to concerted efforts by Akhil Bharat Krishi Goseva Sangh in the year 1994 and the Supreme Court finally struck down the provision, holding the sacrifice of cows as a religious necessity far Bakari- Id could not be proved. This case has settled once for all that cow slaughter for religious purposes cannot be permitted. >>>