New Delhi: Cow slaughter is already illegal in most of India, where up to 24 out of 29 states currently have various regulations prohibiting either the slaughter or sale of cows. Yet, Prime Minister Narendra Modis Office (PMO) is seriously mulling the idea of circulating a Model Bill as enacted by states, including his home-state Gujarat, among other states for their consideration for similar legislations there.
While 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 or continued economic viability, others completely ban cattle slaughter, while there is no restriction in a few states.
In a landmark judgement, on October 26, 2005 the Supreme Court of India, upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India. But surprisingly for a country known to consider the cow holy, it usually comes as a surprise that India is the second-largest exporter of beef in the world and also the fifth-largest producer. But most of this meat comes from buffaloes, not cows. This comes from a belief that the cow holds a special place in Indian culture, so much that even the Constitution calls for its protection and preservation.
While it isnt clear if a nationwide ban on cow slaughter would actually have any impact considering it is already illegal in most Indian states, the PMO has reportedly sent a letter to the Union Law Ministry to “examine and advice” whether the Acts enacted by few states can be circulated as a Model Bill to other states so that they can “exercise their choice of consideration to introduce similar enactments”.
In the letter, the PMO has referred to the provision in the Constitution that provides prohibition of slaughter of cows and milch animals. Article 48 of the Indian Constitution states that “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 the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.”
The PMO letter also reportedly cites the 2005 order of the Supreme Court upholding the validity of a law enacted by the Gujarat government prohibiting cow slaughter.
The PMO has cited past precedents where laws on various matters were circulated among the states as model bill, such as a draft model bill on flood zone protection, conservation and regulation of groundwater.
Interestingly, while several states like Uttar Pradesh, Jharkhand and Gujarat have banned cow slaughter and Maharashtra is the latest state to put in place such a ban, Uttar Pradesh happens to be is one of the largest producers of buffalo meat.
Reports suggest that although similar bans exist in states like Haryana, Himachal Pradesh and Punjab, people can still serve beef in restaurants if they can prove that it was sourced from a state where cow slaughter and sale of cow beef is legal. The regulations are complex enough to discourage people from even attempting to source or sell cow beef, but this situation means that much of the cow meat that is being sold in the country is either delivered illegally or sent across the border to Bangladesh, which has a shortage of cattle. The cattle trade across the border is in response to rising demand from Bangladesh for beef and also a source of income for the villages involved in the trade near the border. According to a report published by the Observer Research Foundation in 2013, the high demand for cattle meat in Bangladesh, fetches a higher price for the smugglers willing to cross the border. A cattle head which fetches Rs 500 to Rs 3,000 in India gets as much as Rs 20,000 to Rs 40,000 in Bangladesh, the report said. –EJ