Article 48 in The Constitution Of India 1949
“Organisation of agriculture and animal husbandry 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.”
As no clear statement was made for progeny of Gaumata, its effect was seen in 23rd April, 1958 judgement of supreme court.
supreme court judgement on 23rd April, 1958
“that a total ban on the slaughter of cows of all ages and calves of cows and calves of she-buffaloes, male and female, is quite reasonable and valid and is in consonance with the directive principles laid down in Art. 48,
that a total ban on the slaughter of she-buffaloes or breeding bulls or working bullocks (cattle as well as buffaloes) as long as they are as milch or draught cattle is also reasonable and valid and
that a total ban on the slaughter of shebuffaloes, bulls and bullocks (cattle or buffalo) after they cease to be capable of yielding milk or of breeding or working as draught animals cannot be supported as reasonable in the interest of the general public.”
Summary of decision:
1958 Quareshi decision had made it clear that a total ban on slaughter of cows and calves (both male and female) is valid. But so far as bulls and bullocks are concerned, the ban on slaughter of animals which have ceased to be draught or milch is not in public interest and hence invalid.
Therefore working bullocks and bulls are being sent to slaughterhouses as our corrupt mechanism declares them unfit and and the heinous business is flourishing.
supreme court historic judgement on 26th Oct, 2005
A silver streak in dark cloud had been seen in supreme court historic judgement of 26th Oct 2005. Rajiv Dixit Ji and other similar passionate persons succeeded in winning the case and honorable supreme court judge RC Lahoti and his team gave following judgement:
“we have found that bulls and bullocks do not become useless merely by crossing a particular age. The Statement of Objects and Reasons, apart from other evidence available, clearly conveys that cow and her progeny constitute the backbone of Indian agriculture and economy.
The increasing adoption of non-conventional energy sources like Bio-gas plants justify the need for bulls and bullocks to live their full life in spite of their having ceased to be useful for the purpose of breeding and draught.
This Statement of Objects and Reasons tilts the balance in favour of the constitutional validity of the impugned enactment.In the light of the material available in abundance before us, there is no escape from the conclusion that the protection conferred by impugned enactment on cow progeny is needed in the interest of Nation’ s economy.
Merely because it may cause ‘inconvenience’ or some ‘dislocation’ to the butchers, restriction imposed by the impugned enactment does not cease to be in the interest of the general public. The former must yield to the latter.
Majority of the population is engaged in farming within which a substantial proportion belong to small and marginal farmers category. Protection of cow progeny will help them in carrying out their several agricultural operations and related activities smoothly and conveniently .
Organic manure would help in controlling pests and acidification of land apart from resuscitating and stimulating the environment as a whole.”
SUMMARY OF DECISION:
Overruling 1958 Quareshi decision in 2005, Mirzapur decision made it explicit that an effective total ban on slaughter of cow and its progeny is valid. The reasons given were agricultural and economic and also on the finding that cow and it progeny never becomes useless, even after the cattle cease to breed, to work, or to give milk. They still continue to give dung for fuel, manure and biogas and, therefore, they cannot be said to be useless.
This was a historic decision. Let’s pray Lord Krishna for the day to come soon when there is country-wide law which enforces complete ban on slaughter of cow and her progeny.