Cattle Preservation Laws in India : Court Orders and Judgements
Here are some important Cattle Preservation Acts applicable in India
Constitutional & National Legal Framework
Article 48, Directive Principles of State Policy (Constitution of India)
Directs the State to take steps for: Prohibiting the slaughter of cows, calves, and other milch and draught cattle and Improving breeds and preserving livestock wealthArticle 51A(g), Fundamental Duties
Imposes a duty on citizens to have compassion for living creatures and Protect animal life and welfarePrevention of Cruelty to Animals Act, 1960 (Central Act) - The Act prohibits various forms of cruelty, including experimentation, captivity, and the use of animals for entertainment. It also outlines penalties for violations, with fines and imprisonment for severe cases. Recent amendments have proposed higher penalties and recognition of fundamental freedoms for animals, reflecting a commitment to animal welfare in India.
Key Supreme Court Judgments on Cattle Preservation
Mohd. Hanif Quareshi v. State of Bihar (1958)
- Upheld the constitutionality of banning cow slaughter
- Recognized cattle preservation as a valid public interest
State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005)
- Upheld a total ban on slaughter of cows, bulls, and bullocks
- Held that economic utility of cattle extends beyond milk and draught work (manure, organic farming, ecology)
Animal Welfare Board of India v. A. Nagaraja (2014)
- Recognized animals as sentient beings with intrinsic value
- Strengthened interpretation of animal welfare laws under Article 21
Mohd. Hanif Quareshi v. State of Bihar (1958)
- Upheld the constitutionality of banning cow slaughter
- Recognized cattle preservation as a valid public interest
State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005)
- Upheld a total ban on slaughter of cows, bulls, and bullocks
- Held that economic utility of cattle extends beyond milk and draught work (manure, organic farming, ecology)
Animal Welfare Board of India v. A. Nagaraja (2014)
- Recognized animals as sentient beings with intrinsic value
- Strengthened interpretation of animal welfare laws under Article 21
Legal Framework Governing Animal Slaughter in West Bengal
1. The West Bengal Animal Slaughter Control Act, 1950:
This Act regulates the slaughter of animals, including cattle, to ensure humane treatment and prevent cruelty. The legislation explicitly covers a range of animals, including bulls, bullocks, cows, calves, and various categories of buffaloes. A central provision of the Act, outlined in Section 4, mandates that no person is permitted to slaughter any animal, including cows, without first obtaining a certificate confirming the animal's fitness for slaughter. The criteria for issuing such a certificate are specific: the animal must be over fourteen years of age and deemed unfit for work or breeding, or it must have become permanently incapacitated from these activities due to age, injury, deformity, or an incurable disease.
2. The West Bengal Prevention of Cruelty Act (Slaughter House) Rules, 2001:
These rules provide guidelines for the operation of slaughterhouses to prevent cruelty to animals.
3. The West Bengal Cattle Licensing Act, 1959:
This Act requires the licensing of cattle to regulate their movement and prevent illegal slaughter.
4. The West Bengal Cattle Licensing Rules:
These rules provide detailed procedures for obtaining and maintaining cattle licenses.
5. The Bengal Livestock Import Quarantine Rules, 1944:
These rules regulate the import of livestock into West Bengal to prevent the spread of diseases.
6. The Bengal Diseases of Animals Amendment Act, 2008:
This Act aims to control and prevent infectious and contagious diseases in animals.
7. The West Bengal Prevention and Control of Infectious and Contagious Diseases in Animals Rules, 2016:
These rules provide measures for the prevention and control of infectious diseases in animals.
8. The West Bengal Prevention of Cruelty to Draught and Pack Animals Rules, 1965:
These rules aim to prevent cruelty to animals used for draught and pack purposes.
9. The West Bengal Meat Control Order, 1966:
This order regulates the production, distribution, and sale of meat to ensure quality and prevent illegal slaughter.
Key Court Orders and Judgments
Several key court orders and judgments have significantly shaped the legal landscape surrounding cow slaughter in West Bengal, particularly in relation to the Bakrid festival. A landmark order was issued by the Hon'ble Calcutta High Court on 2nd November 2011. This order explicitly banned open cow slaughter on Bakri Idd Day, asserting that the sacrifice (Qurbani) should only take place within designated slaughterhouses, as it is not considered a mandatory religious act in Islam. Furthermore, the High Court prohibited state and local bodies from facilitating markets for the trading of cattle intended for sacrifice 9, upholding previous orders from the Supreme Court on similar matters. The order specifically directed the Chief Secretary of West Bengal to ensure that no such markets or arrangements for trading cattle for sacrifice are conducted in the state.
This Calcutta High Court order was subsequently upheld by the Supreme Court, which affirmed that the slaughter of healthy cows on Bakrid is not an essential religious practice for Muslims.The Supreme Court further clarified thatSection 12 of the West Bengal Animal Slaughter Control Act, which allows for exemptions for religious purposes, cannot be used to permit the slaughter of healthy cows on Bakrid, as this would contradict the Act's primary aim of controlling animal slaughter to promote milk production and agriculture.
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