~ Yashika Manchanda
Cows provide us with the products from a lipstick to jet fuel, the leather clothing we wear. Whenever there is a discussion on ban on slaughter of cows, most of the time, people take it as an issue by the reason of Hindu religion sentiments. They convert it as a religious issue. Although our Constitution has a provision under Article 48 – “Organization 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”.
This Article 48 falls under the Part IV of our Constitution which comprises of the Directive Principles of State Policy (DPSP) which are unfortunately neither justiciable in the court of law nor enforced. They can only be used by the Government in formulating certain policies and it is subjected to the discretion of the Government. Some States in India have already put a ban on cow slaughter but it is not banned by the Central Government.
WHY COW SLAUGHTER IS NOT BANNED BY THE CENTRAL GOVERNMENT?
Initially, when we got Independence in 1947, main profession in India which was followed extensively was agriculture and animal husbandry. The Constituent Assembly couldn’t announce a full ban of the slaughter so it was decided to keep this provision in the DPSP and left this on the discretion of the States. Second main reason is Article 19 (1) (g) of our Constitution which falls under the Fundamental Rights’ part number III which can be justiciable in the court of law. Article 19 (1) (g) states – “ to practice any profession, or to carry on any occupation, trade or business ”. And Animal Husbandry is one of the main professions in India since the Independence.
The case of Mohd. Hanif Quareshi & Others vs The State of Bihar (1958 AIR 731) upheld the validity of the laws, as far as ban on slaughter of cows and calves. However, it said these laws were “void in so far as they totally prohibit slaughter of breeding bulls and working bullocks without prescribing any test or requirements as to their age or usefulness”. It said a law enacted to honor a directive principle provision could not violate fundamental rights.
WHAT IS OUR DUTY?
The Government cannot put ban on the slaughter. So, if the DPSP are only meant as guidelines in formulating any policy and the fundamental rights are above the DPSP then here comes our duty mentioned under Fundamental Duties’ part IV A of our Constitution under Article 51 A (g) which states – “ to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures”.
In the preamble of our Constitution, it is written that we enacted the Constitution and given to ourselves so this is the time to understand that the Fundamental Duties are not meant to be just written down, they are meant to be followed to bring up a change in the society. In today’s era, there are a plenty of professions so people can choose an alternative profession. Being a citizen of India, it is our duty to make India – a place where a female, a male, a transgender, an animal, a bird, an insect, plants & all the living beings can live freely without fear. Some kind of killing of animal is necessary for the ecological balance but I stand with none. In my opinion, brutality on any animal should be prohibited.
There is a video by PETAindia on how brutally a cow was slaughtered at a place. CLICK HERE to watch the video.
Source : ijlpp.com, The Economic Times, The Constitution of India, PETAindia
Picture : animalwised.com, Bare Act (Constitutional Law)