After the Center issued notification on Cattle trading, political slugfest started. On the part of Judiciary, while addressing the PILs filed in various High courts, it doesn’t seem on the same page over the issue.

Out of three high courts passed the orders, but interestingly all were in the different direction of opinion. In the sense, Kerala HC found in line with Govt’ notification, whereas Madras HC issued the notice against the PIL which says it as unconstitutional; and Rajasthan HC gave recommendation to give Cow protection as utmost priority and to make it as National Animal.

By this, judiciary also became a part of the Beef controversy, knowingly-unknowingly. The Kerala HC in its recent interim order observed that the notice passed by the Madras HC on PIL objecting the notification is strange. In addition to this, Article 48 of the Constitution mandates ban on slaughtering cattle but the said ruling only regulating the sale of Cattle. On the otherside, Rajasthan HC’s judgment remained in the headlines since it pronounced.

Judge M C Sharma, in his 190+ pages of lengthy judgment gave many reasons about an importance of Cow and why it deserved to be a national Animal; he cited many references of research scholars and of Vedas and Hindu Epics. Despite this, his attempt went in vain, as he couldn’t narrate the gist of his order in front of camera, and did a self-mockery by talking emotionally and giving some absurd analogy of peacock; and it sparked controversy out of it.

An intelligentsia faction oppostise to Hindu sentiments got a chance to divert the focus & narrative, which was against them due to their anti-majority mindset was exposed by promoting beef festivals and slaughtering Cow in public. So by catching this loose points they started ridiculing the judgment.

They immediately started reacting on various platforms like debates, columns, social media etc in an attempt to make it at center of Cow issue. Pseudo feminist like Brinda Karat penned down to lodge protest on it; but deliberately remained silent on very more crucial issues Triple Talaq, and on incidences like Rampur, Agra and others relating to women.

The so called new age liberals like Rana Ayyub; who otherwise becomes conservative when talk come on her religious faith; and on others’ faith attacking like as below;

These pseudo secular propagandists, who promote the cow slaughtering with their aim to target the Hindu traditions on the pretext of citing it as the true sign of revolution or progression.

By the way, it’s a not a first time when judiciary have given the recommendations in the direction to protect the cow; there have been many previous rulings also from the various Courts where judiciary has observed and agreed upon the fact that there is a necessity to protecting cow from slaughtering.

Earlier, after independence many states from north India constituted their State wise Acts for the ban on Cow Slaughter. These acts were constituted in pursuance of the directive principles of State policy contained in Art. 48 Of the Constitution. The article mandates the state to prohibit the slaughter of cows and calves and other milch and draught cattle; and it says as quoted below; “ The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.”

Many judgments were also passed in line with the article 25 in the favor to ban the Slaughtering of Cattle, some of them are included below;

Supreme Court – 2005
Mohd. Hanif Quareshi & Others vs The State of Bihar and Ors.
In this famous case of Mohd. Hanif Qureshi in 1958. The Bihar Preservation and Improvement of Animals Act, 1955, was enacted by Bihar state to put a total ban on the slaughter of all categories of animal of the species of bovine cattle. In the said case around three thousand butchers from Muslim community filed the petition on the ground that the ban violate their fundamental rights to property, trade and profession, and religion. But SC did not agree upon the arguments and uphold the HC order with rejecting their claims of mandatory religious practice of cow sacrifice as per the Quran.

Supreme Court – 2005
State Of Gujarat vs Mirzapur Moti Kureshi Kassab
Another landmark judgment of Supreme Court is of Mirzapur Moti Kureshi, 2005; constitution bench had heard a challenge of ban of cow slaughter in Gujarat. While giving passing the verdict in favor of Cow Slaughter ban court observed that there is no infringement of fundamental right, as slaughtering of other animals is not prohibited. It also said that protection of cow is “in the interest of the nation’s economy”.

Supreme Court – 1994
State of W.B. vs. Ashutosh Lahiri
In the case of seeking exemption to sacrifice the cow, on the BakrI’d, a religious day for Muslims. The petitioners have sought the permission on the basis of Article 25(1); which says the freedom to profess, practice and propagate religion.

While upholding the high court’s order, SC directed that quoted; “slaughter of cows on BakrI'd was not an essential religious practice for Muslims, total ban on cow's slaughter on all days including BakrI'dday would not be violative of Article 25(1).”

Committees were also constituted by the Govt over the time since the time of Independence to mull over the protection of Cattle. Few of them are mentioned below; The Cattle Preservation and Development Committee (1947-48), which was constituted by a Government Resolution was in strong opinion to enact complete ban on Cattle Slaughterhouse, and gave the final recommendation that, “This Committee is of the opinion that slaughter of cattle is not desirable in India under any circumstances whatsoever, and that its prohibition shall be enforced by law. The prosperity of India to a very large extent depends on her cattle and the soul of the country can feel satisfied only if cattle slaughter is banned completely and simultaneous steps are taken to improve the cattle, which are in a deplorable condition at present."

The another committee named as Uttar Pradesh Committee of 1948, which included prominent persons from all communities had also reached to the conclusion in line with the previous committee and advocated for the ban on Cattle Slaughterhouse.

So, finally the anger emerged out after cow calf butchered in Kerala has been gifted to the remarks of RAJ HC Judge and a serious issue gets shattered. 

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