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PROTECTION
OF THE COW AND HER PROGENY- T. U. Mehta
Some reflection on Court Decisions
continued....from Page 1
This is therefore one aspect
where we can distinguish this judgment in cases where the ban
on the slaughter of bulls and bullocks of any age is put by an
enactment, and yet it does not amount to unreasonable
restriction on trade and business of a citizen, if it could be
shown that the impugned ban operates only against a small
segment of his total business.
Infect, in that case a
contention was raised and argued at length, that a total ban
on only a singular aspect of one's wide ranging business is
only of a regulatory character and not of a prohibitory
character which would offend Art. 19(1) (c). The court has,
however, expressed "no final opinion on the vexed
question as to whether restrictions permissible under cl. (6)
of Art. 19 may extend to total prohibition (vide Para 20).
This is therefore one point on which this decision can be
distinguished if the facts of a case give justification to
the plea.
2.. The above decision, and
those which follow it including the decisions given in Abdul
Hakim Quraishi & others vis. State of Bihar (AIR
1962 S.C. 448), Hashmatullah v/s. State of M. P. (1996) 4 sec.
391 and Mohd. Faruk v/s State of M. P. (1969) 1 sec. 853 have
taken into account only the
utilitarian aspects involved
in the disputes. While interpreting the Constitutional
provisions involving directive principles of State policy,
this type of approach is rather lopsided, because these
directive principles are formulated principally with a view to
preserve and enhance the historical perspectives of national
ethos, culture and aspirations.
From times immemorial our
nation has developed a culture of non-violence and tendency to
treat all living creatures on the footing of equality with
human beings. So far as cow and her progeny are concerned,
they have acquired a special place in this treatment as their
economic and social usefulness throughout the history of our
nation has been unique. It is for this reason that the
grateful nation has gone to the extent of bestowing divinity
in cow, and it is only for this reason that Art. 48 has
envisaged an absolute ban on the slaughter of cow and calves.
Even the S.C. has recognized this reality in the above
referred case of Mohd. Hanif by observing as under-
" after recent partition
of the country this agitation against slaughter of cows has
been further intensified. While the constitutional question
before us can not be decided on the grounds of mere sentiment,
however passionate it may be, we, nevertheless, think that it
has to be taken into consideration, though only as one of many
elements, in arriving at a judicial verdict as to the
reasonableness of the restriction." (vide para-22)
(emphasis supplied).
With great respect to the
learned judges, there is nothing "sentimental" or
"religious" in the Indian partiality for the cow and
her progeny because this partiality is born out of historical
perceptivity of cows contribution to the agricultural
economy and agrarian culture of our nation.
The courts have repeatedly
used the expression "useless" while referring to the
bulls and Bullocks who have crossed the age of utility for
material gains. Question is whether this materialistic
approach is proper or reasonable when you are considering a
directive principle which seeks to enhance the cultural values
entertained by a nation since ages. >>>
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