Legislations Banning Cow Slaughter in India

Introduction

For the reason best known to everyone in India, it’s worth looking into the legal standpoint of cow protection in India. Cattle slaughter, especially cow slaughter is a controversial topic in India because of the cattle's traditional status as an endeared and respected living being to some sections of the society.

 

Disbelieving some myths, it is relevant to mention here that Hindus do not consider the cow to be a god and they do not worship it. Hindus, however consider the cow to be a sacred symbol of life that should be protected and revered. More specifically, the cow's slaughter has been shunned because of a number of reasons such as it being an integral part of rural livelihoods and an essential economic necessity. 

On 26 October 2005, the Supreme Court of India, in a landmark judgment upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India.

Legislation against cattle slaughter is in place throughout most states of India except Kerala, West Bengal, and states of the Northeast India. 23 out of 28 states in India currently have various laws regulating or/and prohibiting the slaughter or sale of cows.

Interestingly, India is one of the largest exporter of beef, in the world.

INTERESTING QUESTION:
When India’s trade policy expressly bans import and export of beef, how could India be one of the largest exporter of beef in the world?

As a matter of fact, Beef export has never been allowed in India since 1947. As per existing meat export policy in India, the export of beef (meat of cow, oxen and calf) is prohibited. Hence, India exports only buffalo meat. Even the bone in meat, carcass, half carcass of buffalo is prohibited and is not permitted to be exported. 

One of the main reasons for this confusion could be the difference between the classification of what is included in the term “beef” among different countries. Where for India on one hand, beef includes only meat of cow, oxen and calf. On the other hand, the US Department of Agriculture has included water buffalo meat within the definition 'beef '.

Hence, the confusion.

India’s Export Policy

As per existing meat export policy in India, the export of beef (meat of cow, oxen and calf) is prohibited. Bone in meat, carcass, half carcass of buffalo is also prohibited and is not permitted to be exported. Only the boneless meat of buffalo, meat of goat, sheep and birds are permitted for export. Animal carcasses are subjected to maturation for at least 24 hours before deboning. Subsequent heat processing during the bone removal operation is believed to be sufficient to kill the Foot-and-Mouth Disease virus.

Illegal Slaughter Houses

Slaughtering cows is banned in 23 out of its 28 states.

In February 2017, the Apex Court ordered the state governments to stop the illegal slaughterhouses and set up enforcement committees to monitor the treatment of animals used for meat and leather.

In 2013, Andhra Pradesh estimated that there were 3,100 illegal and 6 licensed slaughterhouses in the State. Many illegal slaughterhouses operate in large cities such as Chennai and Mumbai. As of 2004, there were 3,600 legal and 30,000 illegal slaughterhouses in India. 

Efforts to close them down have however, so far, been largely unsuccessful. 

LEGAL STANDPOINT

Constitution of India, 1949 

Article 48 

Article 48 is the D.P.S.P (Directive Principle of State Policy) which mandates the state to prohibit the slaughter of cows and calves and other milch and draught cattle.

Article 48 reads as under:

“Organisation of agriculture and animal husbandry The State shall endeavor 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."

Schedule 7 - Legislative Power 

The "Preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practice" is Entry 15 of the State List of the Seventh Schedule of the Constitution, meaning that State legislatures have exclusive powers to legislate the prevention of slaughter and preservation of cattle.

Some Important Judgments

In several cases, such as “Mohd. Hanif Qureshi v. State of Bihar” (AIR 1959 SCR 629), “Hashumatullah v. State of Madhya Pradesh”, “Abdul Hakim and others v. State of Bihar” (AIR 1961 SC 448) and “Mohd. Faruk v. State of Madhya Pradesh”, the Supreme Court has held that, "A total ban on cattle slaughter was not permissible if, under economic conditions, keeping useless bull or bullock be a burden on the society and therefore not in the public interest."

 

It is relevant to mention that the clause "under economic conditions, keeping useless (...)" has been studied by the Animal Welfare Board of India which determined that the fuel made from cow dung for household cooking purposes in the Indian society suggests that the cattle is never useless while it produces dung. 

In May 2016, Bombay High Court gave the judgment that consumption or possession of beef is legal under Article 21 of Constitution of India, but upheld the ban on cow slaughter in the state of Maharashtra.

The Supreme Court of India heard a case between 2004 and 2017. The case petitioned the Court to order a ban on the common illegal treatment of animals during transport and slaughter. 

In February 2017, the Court ordered the state governments to stop the illegal slaughterhouses and set up enforcement committees to monitor the treatment of animals used for meat and leather. However, attempts have been largely unsuccessful.

State Legislation

Several State Governments and Union Territories (UTs) have enacted cattle preservation laws in one form or the other. However, Arunachal Pradesh, Kerala, Meghalaya, Mizoram, Nagaland, Tripura and Lakshadweep have no such legislation. All the other states/UTs have enacted legislation to prevent the slaughter of cow and its progeny. 

Kerala is a major consumer of beef and has no regulation on the slaughter of cow and its progeny. As a result, cattle is regularly smuggled into Kerala from the neighboring States of Tamil Nadu, Karnataka and Andhra Pradesh, for the purpose of slaughter. 

Legislation enacted by some of the states/U.Ts are discussed below:

1.  Chandigarh, Punjab and Himachal Pradesh:

Name of the Act: The Punjab Prohibition of Cow Slaughter Act, 1955

Application: It applies to Chandigarh, Himachal Pradesh and Punjab. 

Highlights of Act:

• Slaughter of cow (includes bull, bullock, ox, heifer or calf), and its progeny, is totally illegal.
• The export of cattle for slaughter and the sale of beef are both illegal.
• However, the ban does not include “flesh of cow contained in sealed containers and imported", meaning thereby restaurants in the states can serve beef, if they can prove its meat has been imported into the state.
• The law also excuses the killing of cows "by accident or in self defense".
• Consumption is not penalized.

Punishment: Imprisonment up to a maximum of 2 years or fine up to ₹ 1,000 or both. (Cognizable and Non-Bailable offense)

       2. Delhi

Name of the Act: The Delhi Agricultural Cattle Preservation Act, 1994

 

Highlights of the Act:

•  Slaughter of all agricultural cattle is totally prohibited. The law defines "agricultural cattle" as cows of all ages, calves of cows of all ages, and bulls and bullocks.
•  The possession of the flesh of agricultural cattle slaughtered outside Delhi is also prohibited.
• The transport or export of cattle for slaughter is also prohibited.
• Export for other purposes is permitted on declaration that cattle will not be slaughtered. However, export to a state where slaughter is not banned by law is not permitted.
• The slaughter of buffaloes is legal.

Punishment: Imprisonment up to 5 years and fine up to ₹ 10,000, provided that minimum imprisonment should not be for less than 6 months and fine not less than ₹ 1,000.

(Cognizable and non-bailable offense)

3.      Haryana
 

Name of the Act: Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015

 

(Earlier, "The Punjab Prohibition of Cow Slaughter Act, 1955" was the law governing the slaughter of cattle in Haryana has the same provisions as that in Chandigarh, Himachal Pradesh and Punjab. However, Haryana has stricter penalties for violating the law than the other two states and Chandigarh.) 

Highlights of the Act:

• Slaughter of cow (includes bull, bullock, ox, heifer or calf), and its progeny, is "totally prohibited".
• The export of cattle for slaughter and the sale of beef are both prohibited.
• The ban does not include “flesh of cow contained in sealed containers and imported", meaning thereby that restaurants in the states can serve beef, if they can prove its meat has been imported into the state.
•  The law also excuses the killing of cows "by accident or in self defense".
•  Consumption of beef is not penalized.

Punishment: Rigorous imprisonment up to 10 years or fine up to ₹1,00,000 or both. 

(Cognizable and non-bailable offense)

4.      Uttar Pradesh
 

Name of the Act: The Uttar Pradesh Prevention of Cow Slaughter Act, 1955

 

Highlights of the Act:

• Slaughter of cow (includes a heifer and calf) is totally prohibited.
• Transport of cow outside the State for slaughter is not permitted. The sale of beef is prohibited.
•  The law defines "beef" as the flesh of cow and of such bull or bullock whose slaughter is prohibited under the Act, but does not include such flesh contained in sealed containers and imported into Uttar Pradesh.

Punishment: Rigorous imprisonment of up to 2 years or fine up to ₹ 1,000 or both. 

(Cognizable and non-bailable offense)

On 6 June 2017, Uttar Pradesh's Chief Minister Yogi Adityanath directed the state police to take action against cow slaughter and cattle smuggling under the National Security Act and the Gangster Act.

5.      Maharashtra 
 

Name of the Act: The Maharashtra Animal Preservation Act, 1976

 

Highlights of the Act:

• Slaughter of cows (includes a heifer or male or female calf of a cow) is totally prohibited.
• Slaughter of bulls, bullocks and buffaloes is allowed on obtaining a "fit-for-slaughter certificate", if it is not likely to become economical for draught, breeding or milk (in the case of she-buffaloes) purposes.

Punishment: Imprisonment up to a maximum of 6 months and a fine of up to ₹ 1,000.

(Cognizable offense)  

W.e.f. 2 March 2015, Maharashtra cow slaughter ban was later extended to ban the sale and export of beef, with a punishment of 5 years jail, and/or a ₹ 10,000 fine for possession or sale. 

STATES HAVING NO LEGISLATION/BAN

• Arunachal Pradesh 
• Assam
• Kerala
• Mizoram
• Meghalaya
• Nagaland
• Tripura
• West Bengal 

  

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