- Home
- News
- Articles+
- Aerospace
- Agriculture
- Alternate Dispute Resolution
- Banking and Finance
- Bankruptcy
- Book Review
- Bribery & Corruption
- Commercial Litigation
- Competition Law
- Conference Reports
- Consumer Products
- Contract
- Corporate Governance
- Corporate Law
- Covid-19
- Cryptocurrency
- Cybersecurity
- Data Protection
- Defence
- Digital Economy
- E-commerce
- Employment Law
- Energy and Natural Resources
- Entertainment and Sports Law
- Environmental Law
- FDI
- Food and Beverage
- Health Care
- IBC Diaries
- Insurance Law
- Intellectual Property
- International Law
- Know the Law
- Labour Laws
- Litigation
- Litigation Funding
- Manufacturing
- Mergers & Acquisitions
- NFTs
- Privacy
- Private Equity
- Project Finance
- Real Estate
- Risk and Compliance
- Technology Media and Telecom
- Tributes
- Zoom In
- Take On Board
- In Focus
- Law & Policy and Regulation
- IP & Tech Era
- Viewpoint
- Arbitration & Mediation
- Tax
- Student Corner
- AI
- ESG
- Gaming
- Inclusion & Diversity
- Law Firms
- In-House
- Rankings
- E-Magazine
- Legal Era TV
- Events
- News
- Articles
- Aerospace
- Agriculture
- Alternate Dispute Resolution
- Banking and Finance
- Bankruptcy
- Book Review
- Bribery & Corruption
- Commercial Litigation
- Competition Law
- Conference Reports
- Consumer Products
- Contract
- Corporate Governance
- Corporate Law
- Covid-19
- Cryptocurrency
- Cybersecurity
- Data Protection
- Defence
- Digital Economy
- E-commerce
- Employment Law
- Energy and Natural Resources
- Entertainment and Sports Law
- Environmental Law
- FDI
- Food and Beverage
- Health Care
- IBC Diaries
- Insurance Law
- Intellectual Property
- International Law
- Know the Law
- Labour Laws
- Litigation
- Litigation Funding
- Manufacturing
- Mergers & Acquisitions
- NFTs
- Privacy
- Private Equity
- Project Finance
- Real Estate
- Risk and Compliance
- Technology Media and Telecom
- Tributes
- Zoom In
- Take On Board
- In Focus
- Law & Policy and Regulation
- IP & Tech Era
- Viewpoint
- Arbitration & Mediation
- Tax
- Student Corner
- AI
- ESG
- Gaming
- Inclusion & Diversity
- Law Firms
- In-House
- Rankings
- E-Magazine
- Legal Era TV
- Events
Indians are traditionally anti-cow SLAUGHTERERS
The only time I read renowned Hindi authorMunshi Premchand's Godaan was when I tookmy son's Hindi lessons for CBSE 9th Grade.Being an urban woman, my reflection ofagrarian realism was very limited. But the bookindeed gave me a glance into the livesof farmers and their most trustedfriends, i.e., cattle. Cattle slaughteris a controversial topic in India todaybecause of cattle's traditional...
ToRead the Full Story, Subscribe to
Access the exclusive LEGAL ERAStories,Editorial and Expert Opinion
The only time I read renowned Hindi author
Munshi Premchand's Godaan was when I took
my son's Hindi lessons for CBSE 9th Grade.
Being an urban woman, my reflection of
agrarian realism was very limited. But the book
indeed gave me a glance into the lives
of farmers and their most trusted
friends, i.e., cattle. Cattle slaughter
is a controversial topic in India today
because of cattle's traditional status
as an endeared and respected living
being to many in Hinduism, Sikhism,
Jainism, and Buddhism, in contrast
to cattle being considered as a
religiously acceptable source of meat
by many in Islam and Christianity.
More specifically, cow slaughter has
been shunned because of a number of
reasons such as cattle being associated
with Lord Krishna in Hinduism and
being respected as an integral part
of rural livelihoods and an essential
economic necessity. Historically, cattle
slaughter has also been opposed by
various Indian religions because of
the ethical principle of Ahimsa (nonviolence)
and the belief in the unity
of all life. I wonder what wrong did
other animals do to be deprived of such a status in India
besides getting protected under the Prevention of Cruelty
to Animals statutes. It is surprising that the three animals
prayed to the most are Nandi, the bull, and Kamadhenu,
the Divine cow; Hanuman, the Monkey God; and the Snake
God. Wonder what happens to swans, rats, yaks, tigers, lions, and peacocks (these being associated with Goddess
Saraswati, Lord Ganesha, Lord Yama, Goddess Durga, Lord
Kartikeya, etc.). Perhaps, they are left to projects like save
tigers and lions.
Article 48 of the Constitution of India
mandates the state to prohibit the
slaughter of cows and calves and
other milk and draught cattle. On
October 26, 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.
Twenty-four states in India currently
have various regulations prohibiting
either the slaughter or sale of cows.
The laws governing cattle slaughter in
India vary greatly from state to state.
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 states allow the slaughter of
cattle with restrictions like a "fit-for-slaughter" certificate
which may be issued depending on factors like age and
gender of cattle, continued economic viability etc. Others
completely ban cattle slaughter, while there is no restriction
in a few states.
On May 26, 2017, the Ministry of Environment of the
Indian Central Government led by Bharatiya Janata
Party imposed a ban on the sale and purchase of cattle
for slaughter at animal markets across India under the
Prevention of Cruelty to Animals statutes. The scope,
extent, and status of animals in ancient India are
subjects of scholarly dispute. Many interpret ancient
Hindu texts as supporting animal sacrifice. For example,
cattle including cows were neither inviolable nor revered
in the ancient times as they were later. A Gryhasutra
recommends that beef be eaten by the mourners after a
funeral ceremony as a ritual rite of passage. In contrast,
according to Marvin Harris, the Vedic literature is
contradictory, with some suggesting ritual slaughter and
meat consumption, while others suggesting a taboo on
meat eating.
Animal sacrifice was rejected, and
the protection of animal life was
championed by Jainism on the
grounds that violence against life
forms is a source of suffering in the
universe and a human being creates
bad karma by violence against
any living being. The Chandogya
Upanishad mentions the ethical
value of Ahimsa or non-violence
towards all beings. By the midfirst
millennium BCE, all three
major Indian religions – Buddhism,
Hinduism, and Jainism – were
championing non-violence as an
ethical value and something that
impacted one's rebirth. According to
Harris, by about 200 CE, food and
feasting on animal slaughter were
widely considered a form of violence
against life forms and became a
religious and social taboo.
The cow has been a symbol of wealth
in India since ancient times. Cow
veneration in ancient India "probably originated from the
pastoral Aryans" in the Vedic era, whose religious texts
called for non-violence towards all bipeds and quadrupeds,
and often equated the killing of a cow with the killing of a
human being, especially a Brahmin. The hymn 10.87.16 of
the Hindu scripture Rigveda (~1200–1500 BCE) condemns
all killing of men, cattle, and horses and prays to God Agni
to punish those who kill.
The veneration of cow is seen in the Ramayana as well as
Mahabharata.
According to Ludwig Alsdorf, "Indian vegetarianism is
unequivocally based on ahimsa (non-violence)" as evidenced
by ancient smritis and other ancient texts of Hinduism. To
the majority of modern Indians, states Alsdorf, respect for
cattle and disrespect for slaughter is a part of their ethos
and there is "no ahimsa without renunciation of meat
consumption."
Jainism is against violence to all living beings,
including cattle. According to the Jain sutras, humans must
avoid all killing and slaughter because all living beings
are fond of life, they suffer, they feel pain, they like to live,
and long to live. All beings should help each other live and
prosper, according to Jainism, not kill and slaughter each
other.
The texts of Buddhism state ahimsa to be one of five ethical
precepts, which requires a practicing Buddhist to "refrain
from killing living beings." Slaughtering cow has been a
taboo, with some texts suggesting taking care of a cow is a
means of taking care of "all living beings." Cattle is seen as
a form of reborn human beings in the endless rebirth cycles
in samsara; protecting animal life and being kind to cattle
and other animals are good karma.
Cow, buffalo, and ox are an integral
part of rural Sikh livelihoods, and
these are never slaughtered for
consumption by any method but
are treated with respect and beef is
strictly avoided. Amritdhari Sikhs, or
those baptized with the Amrit, have
been strict vegetarians, abstaining
from all eggs and meat, including
cattle meat. Ranjit Singh, founder of
the Sikh Empire and Maharaja from
1801 to 1839, banned cow slaughter
throughout his domains.
Cattle slaughter, in accordance with
the Islamic custom, was practiced
in the Mughal Empire under its
Sunni rulers with a few exceptions.
Religiously liberal emperor Akbar,
out of respect for the demographic
majority of Hindus, criminalized
cow slaughtering. In one case, Akbar
banished his high official for the
offense of cow slaughter. Mughal
emperor Humayun stopped eating
beef after the killing of cows in Hindu territory by his
soldiers led to clashes, according to the Tezkerah al-Vakiat.
Later, Mughal Emperor Jahangir (1605–1627) imposed a
ban on cattle slaughter for a few years, not out of respect
for Hindus but because cattle had become scarce.
With the advent of British rule in India, eating beef
along with drinking whiskey, in English-language
colleges in Bengal, became a method of fitting in with
British culture. Some Hindus, in the 1830s, consumed
beef to show how they "derided irrational Hindu customs,"
according to Metcalf and Metcalf. The reverence for
the cow played a role in the Indian Rebellion of 1857
against the British East India Company. Hindu and Muslim
sepoys in the army of the East India Company came to
believe that their paper cartridges, which held a measured
amount of gunpowder, were greased with cow and pig fat.
The consumption of swine is forbidden in Islam. Since
loading the gun required biting off the end of a paper cartridge, they concluded that the British were forcing them
to break edicts of their religion.
During Bahadur Shah Zafar's brief reign as emperor, killing
of a cow was made a capital offense. Cow slaughter was
opposed by some prominent leaders of the independence
movement such as Mahatma Gandhi, Bal Gangadhar Tilak,
Lala Lajpat Rai, Madan Mohan Malviya, Rajendra Prasad,
and Purushottam Das Tandon. They supported a ban on
cattle slaughter once India gained its independence from
the colonial British.
In 1940, one of the Special Committees of the Indian
National Congress stated that slaughter of cow and its
progeny must be totally prohibited.
In 1944, the British placed restrictions on cattle
slaughter in India on the grounds that the shortage
of cattle was causing anxiety to the government. The
shortage itself was attributed to the increased demand for
cattle for cultivation, transport, milk, and other purposes.
It was decided that in respect of slaughter by army
authorities, working cattle as well as cattle fit for bearing
offspring should not be slaughtered. Accordingly, the
slaughter of all cattle below three years of age, male cattle
between three and ten years of age, female cattle between
three and ten years of age, which are capable of producing
milk, as well as all cows which are pregnant or milking was
prohibited.
During the British Raj, there were several cases of communal
riots caused by the slaughter of cows. A historical survey
of some major communal riots, between 1717 and 1977,
revealed that out of 167 incidents of rioting between
Hindus and Muslims, although in some cases the reasons
for the provocation of the riots was not given, 22 cases were
attributable directly to cow slaughter.
Post-Independence
symbol of wealth in
India since ancient
times. Vedic texts
of the pastoral
Aryans equate
killing of a cow with
killing of a human
being, especially a
Brahmin
The central government, in a letter dated December 20,
1950, directed the state governments not to introduce total
prohibition on slaughter stating, "Hides from slaughtered
cattle are much superior to hides from the fallen cattle and
fetch a higher price. In the absence of slaughter, the best
type of hide which fetches good price in the export market
will no longer be available. A total ban on slaughter is
thus detrimental to the export trade and works against the
interest of the Tanning industry in the country."
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 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." 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, the Bombay High Court upheld the ban on
cow slaughter in the state of Maharashtra.
The Supreme Court of India heard a case in 2017 which
petitioned the court to order a ban on the common illegal
treatment of animals during transport and slaughter. In
February 2017, the court ordered state governments to stop
illegal slaughterhouses and set up enforcement committees
to monitor the treatment of animals used for meat and
leather. The court also ruled, according to a Times of India
report, that "it was evident from the combined reading of
Articles 48 and 51- A(g) of the [Indian] Constitution that
citizens must show compassion to the animal kingdom.
The animals have their own fundamental rights. Article
48 specifically lays down that the state shall endeavor to
prohibit the slaughter of cows and calves, other milk and
draught cattle."
There is a lack of uniformity among state laws governing
cattle slaughter. The strictest laws are in Delhi, Gujarat,
Maharashtra, Madhya Pradesh, Punjab, Rajasthan, and
Uttar Pradesh, where the slaughter of cow and its progeny,
including bulls and bullocks of all ages, is completely
banned. Most states prohibit the slaughter of cows of all
ages. However, Assam and West Bengal permit the slaughter
of cows of over the ages of 10 and 14 years, respectively.
Most states prohibit the slaughter of calves, whether male
or female. With the exception of Bihar and Rajasthan, where
age of a calf is given as below three years, the other states
have not defined the age of a calf. According to the National
Commission on Cattle, the definition of a calf being followed
in Maharashtra, by some executive instructions, was
"below the age of one year." In Delhi, Goa, Puducherry,
Punjab, and Uttar Pradesh, violation of state laws on cattle
slaughter are both cognizable and non-bailable offences.
Most of the other states specify that offenses would be
cognizable only. The maximum term of imprisonment
varies from 6 months to 14 years (life-term) and a fine from
'1,000 to '5,00,000.
This issue has become emotional to a majority of Indians.
It would be very imperative if the same mindset and
feeling of goodness prevails upon people in protecting other
animals and above all human beings. Surprising despite
being a law under Section 302 of the Indian Penal Code, we
do not give importance to the life of a human being. Holy
cow!
Disclaimer – The views are that of the author and not of the Wockhardt Group. The article is based on extensive research of the author.