The Cow, The Law, The Constitution

Friends in this debate, I dont have any intention to hurt any Religious
beliefs or feelings and Personal beliefs or feelings.

Origin of The Cow:

A genetic study of cattle has claimed that all modern domesticated
bovines are descended from a single herd of wild ox, which lived
10,500 years ago.

Hindu means "The land between Himalayas and Indu sagara", this land
and this sub-continent is called as Hindu.

The Uses of Cow:

Since ancient days, Cow is mostly used for Agriculture, Cow dung is
used as fertilizer. Some, wise person said, even a cow dung is so
important for organic farming, that one can become rich just by selling
it in the market.

In interior part of India, even today, where people dont have the
supply of Gas to cook food, still uses Dried Cow dung (Pidakalu) for
cooking. and also cow dung is used as a disinfectant in homes. (Kallaku
challutaaru).

The cow gives milk from which yogurt, cheese, butter, ice cream, ghee
and buttermilk will be made. Also after the death of cow, its bones are
the base for soup broths and glues. It gives the world leather belts,
leather seats, leather coats and shoes etc.

The cow and her sacred gifts milk and ghee in particular are
essential elements in Hindu worship and also in day to day life of
humans.
The relationship between Cow and Hindus:

Here Hindus means, the people who follow Hinduism.

The cow's nature is represented in Kamdhenu; the goddess who is the

mother of all cows.

We respect and honor the cow. In Vedas, cows represent wealth and
joyous Earthly life.

In Hindu tradition, the cow is honored, garlanded and given special

feedings at festivals all over India, most importantly the annual
Krishnastami and Sankranti festivals.

Hindus consider everything that helps us, sustain life without taking
anything in return as Motherhood. For example, river Ganga, which
provides water to major part of the population is considered as "Ganga
matha". We've also attributed this position to mother Earth. Same is
the case with cow.

The food consumption is well designed in our country. What food

Brahman's should eat? What food Kshatreya's should eat? While many
Hindus are non-vegetarians, still they respect the cow and avoid eating
beef. In India, people won't eat animals which have intimacy with
humans, like Cow.

By the early centuries, the cow was designated as the appropriate gift
to the brahmans under various ceremonies and it was soon said that to
kill a cow is equal to killing a brahman.

Vedas says Kill the animal nature present in yourself, but not the
actual animal.

Hindu Manusmruti says that, the greatest justice is not to kill any living
being (Ahimsaa paramodharmah).
 Cow is like a mother and killing mother is not acceptable. Emotions are
attached between Humans and Cow. Rather than Killing or imposing
Ban, educating the people is required.

In India, there are more than 3,000 institutions called Gaushalas,

maintained by charitable trusts, they care for old and infirm cows.
According to animal husbandry statistics, there are about 13 crore cows
in India, the highest in the world.

Then, what is this all about?

Its all about Faith and individual liberty to have food. This fight is
between one mans belief and other mans belief.

Faith is a new thing to us. We are still struggling with it. Faith changes
from Person to Person and from Time to Time.

YET, yes, some Hindus eat beef... why? because in this culture, you are
not punished for not following what you are supposed to follow. I would
rather say that, no one in the outer world is going to punish you. In
this culture, one is only guided and not instructed to do anything!
Because the result of your action, will anyways come to you, whether
you do something good or bad.

In the year 1923 itself, Mahatma Gandhi had first talked about Go
vansh bandhi (ban on cow slaughter) to promote the village
economy. The increase in number of cow slaughter will greatly affect
the agricultural community. In Mahatma Gandhis view, cow slaughter
and manslaughter were two sides of the same coin.

When did India started eating beef?

The habit of beef consumption was inculcated by the British. It was in

1760, the then East India Company Bengal Governor Robert Clive, who
had set up the first abattoir in Calcutta with a capacity of slaughtering
30,000 cows per day.
 "Before 1760, there was not even one slaughterhouse in the country
and cow slaughter, prostitution and drinking were deemed as major
sins.

What did other religions say about Slaughter?

Quran
As a rule of thumb, a Muslim may eat anything that is not explicitly
forbidden by Allah in the Quran. These prohibitions fall into three
categories.
1. Pork.
2. Land animals that prey on other animals.
3. An animal over which the name of any other God but Allah has been
pronounced. The cow is therefore halal, unless you can prove that in this
particular case rule number 3 has been broken.
Jesus is seen with love on a lamb in His hands and this indicates the love
on animals.
Similarly, Jainism, Buddhism etc.

If we look into our neighboring country - Nepal,

Cow is national animal of Nepal. There is provision of seven years of

jail for cow slaughter. They never considered beef as a source of
food as it is sacred in Hinduism.

Nepal is facing struggle in continuing of Beef ban, the reason for this
is, Two Nepali NGOs have submitted an urgent communication to
UN rights experts informing that, legal prohibition on cow-slaughter
in Nepal infringes indigenous peoples right to freedom of religion
and cultural rights and threatens the secularity of the Nepali state.
Case Laws:
Mohd. Quareshi Vs The State of Bihar.
Brief Facts: In 1958, The State of Bihar banned the cow-slaughter in
view of the Hindu believe the cow as goddess. The petitioner, a Muslim,
challenged the Act of Bihar state as the violator of his fundamental right
and he wanted to slaughter of cow for sacrifice for his religious purpose.
It is a borderline crucial and sensitive point.
Judgement: The Supreme court upheld the Act of Bihar, and held that
the Hindus honor the cow as Goddess. Therefore, the Muslims should not
slaughter the cows. They had alternative chances, by sacrificing sheep,
camel, horses etc. for which the Hindus did not object. Quran also permits
sacrificing sheep, camel, horse etc.

Buffalo Traders Welfare Association Vs Maneka Gandhi.

This case is also known as Idgha Slaughter House case. This case is
related to Environmental Pollution.
Brief Facts: Idgha slaughter house was located in the thickly populated
place in Delhi. It used to kill more than 3,000 cows, buffaloes, bulls. It
created much public nuisance and environmental pollution. The wastage
materials from the dead bodies arent disposed properly. The respondent
pleaded the Supreme court to order the authorities to shift the Slaughter
house from the thickly populated area to far distance from the city.
Supreme court ordered the same, but because of no sufficient place
relocation didnt happen and they continued slaughter in the same old
place.
Judgement: The Supreme court ordered Idgha to shift ASAP when they
find a new place. Also, they have to stop slaughter of cows, buffaloes and
can only slaughter goats and sheep. It also ordered Municipal Corporation
of Delhi to appoint the staff to clean the slaughter house every day and to
keep it environmentally clean.

Ayub And Others. vs The State of U.P. on 17 March, 1961

(https://indiankanoon.org/docfragment/1949365/?formInput=cow%20slaughter)
Afsar & Ors vs Commissioner (Mcd) & Anr. on 6 July, 2011
(https://indiankanoon.org/docfragment/36292860/?formInput=cow%20slaughter)

Constitution of India:
Prohibition of cow slaughter is a Directive Principles of State Policy
contained in Article 48. "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.

But, part IV is not legally enforceable (Article 37), it works only like a
set of guidelines. State can work on it, or not. So strictly speaking, beef
/ cattle meat is not banned in constitution. But at the same time govt
can legislate to ban the same and it can be said to have followed the
ideals of constitution.

Seventh Schedule of the Constitution says, the 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 etc. Others
completely ban cattle slaughter, and while there is no restriction in a
few states.

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.

One should know that 24 out of 29 states in India currently have

various regulations prohibiting either the slaughter or sale of cows.

We should know that Kerala, West Bengal, Arunachal Pradesh,

Mizoram, Meghalaya, Nagaland, Tripura and Sikkim are the states
where there are no restrictions on cow slaughter. Andhra Pradesh,
Tamilnadu, Orissa Cow and Bullock slaughter allowed with a
certificate.
 Recently, Gujarat amended its Gujarat Animal Preservation Act, 1954
to prescribe life imprisonment for those found guilty of slaughtering
cows, calves and bulls.

Let me share you some Facts on Slaughtering:

Many countries have banned different animal meats on sentimental
grounds:

Horse meat is banned in California.

Cuba banned beef.

It is illegal to sell cat or dog meat in any Australian State or Territory.

Because Cats and dogs hold a specific place in Australian society as
companion animals.

Similarly, Hong Kong prohibits the slaughter of any dog or cat for use
as food, whether for mankind or otherwise, on pain of fine and
imprisonment.
 Beef production: India is the fourth largest producer of beef, only
behind Brazil. Most of it comes from buffaloes and the rest from other
cattle. Its sad but true.

Beef exports: Until 2013, Brazil was the worlds largest beef exporter.
Now, India is at the top, and exports are only inching up. Most of the
beef India exports is that of the water buffalo, which is cheaper than
cow meat. The exports give India more foreign revenue than even the
aromatic basmati rice.

Recent Trends:
July 11, 2017:

The Supreme Court ordered a nationwide stay on Central governments

new rules, that had banned the trade of cattle for slaughter.

The order was passed on a petition filed by a Hyderabad-based

advocate who had challenged the ban order. The lawyer, Mohammed
Abdul Faheem Qureshi, challenged the May 26th notification as
"arbitrary, illegal, and unconstitutional" and contended that it was
"against the freedom of religious practice to sacrifice the animals and
violated the right to food guaranteed by the Constitution.

The Madras High Court in the month of May, had stayed for four weeks
the Centre's notification. While delivering its order, a bench of Chief
Justice Jagdish Singh and Justice DY Chandrachud said, the Madras
High Court's stay on Centre's notification on sale of cattle, including
cows for slaughter will continue.

As a result, the Central Government told the court that it would be re-
notifying the Rules after considering objections from the stakeholders.

A day after the Madras High Court ordered, the Kerala High Court said
there is no need for it to interfere with the new rules, as it doesn't
violate the Constitution.
 The Kerala High Court observed that there was nothing in the new
central law on cattle trade and slaughter, that takes away the rights of
people with regard to eating beef.

"If anyone reads it properly, there is no ban on slaughter or sale of

beef. What has been said in the new order is that mass sale of cattle
for slaughter through the cattle market is banned," observed the Chief
Justice.

After the Central Governments order, many Hindu organizations started

attacking Muslims for carrying beef. A 50-year old Muslim man has
been killed by a mob in a village near the Indian capital New Delhi,
after rumors spread in the area that the mans family had consumed
and stored beef at their home.

It is always good to protect and preserve what is laid down in the

constitution but not on the ground of taking away secularism and
humanity from the nation.

Banning cow slaughter will not help at all as they will put all the cows
and move it to other state where it is not banned and they will
slaughter them there. Govt. should have banned on the exports as
well.
Conclusion:

My personal request is, cow is part of our living & Cow provides the
essentials for humans. So, lets save it.

Thank you very much for giving me the opportunity.