Press Note- on SC Judgementcow slaughter ban-29-10-05

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VINIYOG PARIVAR TRUST

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Telefax: 2898 0749 / 2899 1781 - Email : vinyog (AT) vsnl (DOT) com

 

28th Oct., 2005

 

PRESS NOTE

 

 

A Historic Judgement of the Supreme Court regarding total ban on slaughter of

cow progeny in Gujarat State.

 

A 47 year old Impediment removed

 

 

The Bombay Animal Preservation Act, 1954 is in force in the State of Gujarat.

Under this Act, as per the situation prevailing till 1994, there was a total

ban on slaughter of cows in the State, whereas bulls and bullocks above the age

of 16 years could be slaughtered. In 1994 the Gujarat Government first

promulgated an ordinance and thereafter passed a law in the Assembly and

imposed total ban on slaughter of entire cow progeny. Incidentally, Viniyog

Parivar had helped in drafting the relevant Bill at that time. This amendment

in the Law was challenged by butchers' organization from Ahmedabad, Surat and

Bharuch in Gujarat High Court. The Gujarat High Court struck down the Law in

1998 based on an earlier verdict of a Constitution Bench of the Supreme Court

in the year 1958. In 1958 a Five Judge Constitution Bench had ruled that

prohibition on slaughter of cows is clearly mentioned in the Constitution and

hence cows cannot be slaughtered. However, bulls and bullocks can be

slaughtered if they have surpassed the age of usefulness. Subsequent to the

1958 judgement whenever any State enacted a law to impose total ban on

slaughter of cow progeny, such laws were struck down relying on the 1958

verdict. The Gujarat State, Viniyog Parivar Trust (through its associate

organization Akhil Bharat Krishi Goseva Sangh) and an NGO from Gujarat namely

Ahimsa Army Manav Kalyan JDC Trust had filed Appeals in 1998 against Gujarat

High Court Judgement and the matter was referred to a Seven Judges Constitution

Bench as it involved reconsideration of the 1958 judgement.

 

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The matter was heard by a Seven Judges Bench continuously for five days in the

month of August, 2005 and the Judgement was reserved which was pronounced on

26-10-2005. Though copy of the detailed judgement which reportedly runs into

142 pages is yet to be released, the Judgement has allowed the appeals and thus

total prohibition on slaughter of entire cow progeny has come into force from

the date of the Judgement in the State of Gujarat. The amended law of Gujarat

has been held as intra vires. With this Judgement a 47 year old impediment has

been overcome and now any State which wants to enact a law to impose

prohibition on slaughter of entire cow progeny will be able to do so.

 

The famous jurist and former High Commissioner in U.K. Shri L.M. Singhvi argued

in these appeals on behalf of the Gujarat State. Shri Shirish Dholakia, Senior

Counsel appeared on behalf of Akhil Bharat Krishi Goseva Sangh and Shri Soli

Sorabjee, Former Attorney General appeared on behalf of Ahimsa Army Manav

Kalyan JDC Trust. Shri G.L. Sanghi appeared on behalf of the butchers'

organization.

 

By misusing the provision based on the criteria of age, crores of younger

bulls and bullocks were slaughtered in the country for almost half a century.

In the guise of bulls and bullocks even cows were slaughtered. In this context

this judgement is extremely important.

 

It may be mentioned here that the Legislative Assembly of Maharashtra had also

passed a law in 1995 imposing total ban on slaughter of entire cow progeny.

However, because of the 1958 Supreme Court Judgement this law could not get the

assent of the President so far. Now that 1958 Judgement is overruled, the

Maharashtra Government should take up this issue with the Central Government

and obtain assent of the President so that in Maharashtra also there can be a

total ban on slaughter of entire cow progeny.

 

With this impediment removed, other States where there is partial ban on

slaughter of cow progeny and who wish to impose a total ban can now impose such

total ban by amending their respective local law without fear of such law being

challenged and struck down.

 

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