Article 51A (g), states “it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.”[1]
Abstract
“#Bakralivesmatter” was seen trending on Twitter on the eve of Eid-ul-Adha (Bakr id). It was not the first time when people started demanding the ban on slaughter of cattle in the name of religion. Animals played a vital role in the life of human beings, in ancient times hunters and gatherers used to kill animals to feed their families, and slowly and steadily humans started domesticating few animals. Animals have versatile uses in our society, they provide companionship, food, clothing, and ornaments.
At present, people share different ideologies and have a different opinion on this topic, as per govt surveys 23-37 percent Indians are vegetarian.[2] This vegetarian community keeps demanding the ban on the killing of animals, but a large population of India depends on animal products for nutrition. Slaughter of cattle became an essential part of our culture and lifestyle and banning it would tremendously affect our economy.
Introduction
Slaughter means to kill an animal, the slaughter of cattle is the killing of animals, usually domestic ones for human consumption. Though they might also be slaughtered for various other reasons such as being diseased and unsuitable for consumption.
Cattle, sheep, goats, pigs, horses, chickens, and camels are the most common animals which are slaughtered for food. The slaughter involves some initial cutting and skinning, opening the major body cavities to remove the entrails and offal but usually leaving the carcass in one place.[3]
Most developed and many developing countries of the world require by law an animal to be rendered unconscious before it is slaughtered. This is in order to ensure that the animal does not suffer pain during slaughter. However, exceptions are made for the Jewish (Kosher) and Muslim (Halal) slaughter of livestock. Here stunning generally is not allowed and the animal is bled directly using a sharp knife to cut the throat and sever the main blood vessels. This results in sudden and massive loss of blood with loss of consciousness and death. However, many authorities consider that religious slaughter can be very unsatisfactory and that the animal may not be rendered unconscious and suffer considerable discomfort and pain in the slaughter process.[4]
Position of Animal in the Eye of Law
At the time of drafting our Constitution, drafting committee members also discussed about the cow slaughter, they prohibited it under Article 48 in the chapter of directives principles of state policy which was meant to guide the state in policymaking, but did not mention it under Fundamental Rights to make it enforceable by law. Article 48 is based on the Gandhian principles, but it only talks about the members of the Bovine family (cow, bulls, and calves, etc.) and is silent on the slaughter of other animals such as goat, sheep, camel, lambs, etc. Article 51A(g) states it is the duty of every citizen to protect our environment including forests, rivers, lakes, and wildlife, and this duty is supplemented with Article 48A under Directive Principles of State Policy as The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.[5]
Here the problem lies with the non-enforceable nature of these Articles, as they only lay down the groundwork for legislation and policies in furtherance of animal protection at the central and state levels.
In the concurrent list, both the Centre and States have the power to legislate on:
- Item 17: “prevention to cruelty to animals,”
- Item 17B: “prevention of wild animals and birds.”[6]
Right to Life of an Animal
Right to life and personal liberty under Article 21 of our Constitution guarantees fundamental rights to every person, but the question that arises here is whether this article would include an animal or not. Supreme Court answered this question in the case of Animal Welfare Board v. Nagaraja and Others, and held that the bull-taming sport of Jallikattu should be banned as it violates the “right to life” of the bull.[7] Hence the term “person” under Article 21 includes animals.
In a recent judgment, High Court of Punjab and Haryana, recognized all animals in the animal kingdom, including avian and aquatic species, as legal entities.[8]
Laws for the Protection of Animal
The Indian Penal Code, 1860
However, it is illegal and punishable to maim and kill any animal under Section 428 and Section 429 of the Indian Penal Code. If a person is caught killing, maiming, poisoning, or rendering useless any animal, then a case can also be filed against him, he would be liable for imprisonment which may extend to five years, or fine, or both.[9]
Hari Mandle v. Jafar, 14 Feb 1895[10] Three people killed a calf two of them Shaik Narain and Shaik Jafar ran away, the third person named Doman was convicted under Section 429, but Jafar and Narain were tried for the commission of theft, later on, session judge overruled the judgment of Trial Court and held that the accused had committed the offense of mischief and cannot be punished under section 429 as the subject of slaughter was a calf of the value of eight rupees.
The words “bull” and “cow” in Section 429 of the Indian Penal Code include the young of those animals, and that the expression “any other animal” in that section does not mean an animal of the kind already mentioned, but refers to an animal of a different genus altogether such as a dog or a goat, the section would not apply unless the particular animal in question was shown to be of the value of fifty rupees or upwards.
The Prevention of Cruelty to Animals Act, 1960
The Prevention of Cruelty to Animals Act, 1960, prohibits any person from causing unnecessary pain or suffering to any animal. kicking, torturing, any form of cruelty to any animal is a crime under this act. Even abandoning an animal without reasonable cause, not providing sufficient food, shelter, or drinking water, cruelly transporting them from one place to another is a crime as well. One may ask the question of why animals are being slaughtered, is slaughtering not cruelty to animals?
The Act itself allows the killing of animals for the purpose of food, as mentioned in the proviso (e) of section 11(3). Section 28 allows the killing of animals for religious practices. It means animal sacrifice is exempted from this act. It may be noted here that this act does not prevent the slaughter of animals.[11]
Regulation on Livestock Markets, Rules 2017
The central government on May 23, 2017, notified The Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 which banned the sale of all kinds of cattle for slaughter at animal markets across India. One of the main reasons for framing 2017 rules was to prevent illegal trade of cattle and the cruel sacrifice of animals. Later it was replaced by Prevention of Cruelty to Animals in Animal Markets Rules, 2018.
The new rules removed the word slaughter and only deal with the prevention of cruelty to animals in markets. It provides for the constitution of a committee which would certify new animal markets, maintain a record of animal sales, and ensure good living conditions in markets.[12]
Slaughter House Rules, 2001
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001[13], provides rules for slaughtering of animals in licensed slaughterhouses, Rule 3 states no person shall slaughter an animal except in a slaughterhouse, no one can slaughter an animal which is:
- Pregnant
- Has an offspring less than 3 months old
- Is under the age of 3 months
- Not certified by a doctor as the cattle are fit for slaughter.
Population and demand of people determine the maximum number of animals that may be slaughtered in a day.
Role of Judiciary
In 2016 a PIL was filed before the Supreme Court of India, questioning the animal sacrifice on Eid-ul-Adha or Bakr id and validity of Section 28 of The Prevention of Cruelty Act, 1960. Supreme Court refused to entertain that plea.[14]
Tripura High Court banned animal and birds sacrifice in the temples of the state. The tradition of animal sacrifice is 500 years old and it is practiced in all the temples of State. Court held that it cannot be protected under Article 25(1) of the Constitution of India, freedom of religion is subject to the rigors of public order, morality and health. Animal Sacrifice in a temple is violative of Article 21, as this article also applies to non-human animals. The State government questioned the sacrifice on the occasion of Bakr-id, on this point Court held that this question is already being settled in Mohd. Hanif Qureshi case, Ashutosh Lahiri case, and Mirzapur case.[15]
In Mohd. Hanif Qureshi v. State of Bihar,1958 Supreme Court decided 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 reasonable and in “consonance with the directive principles laid down in Art. 48.” But a total ban on the slaughter of bullocks and she-buffaloes after they had ceased to be useful was invalid under the constitution.[16]
In State of West Bengal & Ors. v. Ashutosh Lahiri and others, Apex Court held that the sacrifice of the cows on the auspicious day of Bakr id is not an imperative but optional ritual.[17]
In State of Gujarat v. Mirzapur Moti Kureshi Kassab, 2005 Supreme Court upheld an amendment to the Bombay Animal Prevention Act, 1954, to impose a total ban on the slaughter of bulls and bullocks of any age (earlier it was a partial ban on slaughter of bulls and bullocks under age of 16 years). Court further argued that duties in Article 48A and 51A(g) were not present to the bench in Mohd. Hanif Qureshi. Court clarified that a cow does not lose its protection if it ceases to perform its particular function or reaches a certain age.[18]
Various Reasons of Animals Killing/Death
Many animals die every year naturally due to their old age or, dies earlier because of some diseases. We, humans, are constantly damaging their natural habitats and in search of food and shelter they travel, while traveling either they meet with deadly accidents on highways or they enter villages and destroy agricultural fields, where they are being killed by the peasants or villagers. Natural calamities affect them most, tsunami, drought, and floods, etc. kill thousands of animals every year in India. Most recent Australia bushfires killed an estimated 1.25 billion animals.[19]
During the time of drought, animals are being slaughtered in large quantities to feed the population in the absence of sufficient food grains. When a flood comes and destroys everything, people are only left with their cattle, non-vegetarian people slaughter them to feed their families and the vegetarian people sell it to slaughterhouses. When an animal gets old and is about to die, they become a burden for a poor person. He has no other option than to sell that animal to a slaughterhouse.
Why does the Government never Ban the Slaughter of Animals?
Indian Council of Food and Agriculture, in its report, stated that India is the second-fastest-growing processed meat and poultry market. India’s international trade in livestock is mainly in meat and meat products, which is 82%. India exports meat to more than 60 countries of the world, and exports buffalo meat which accounts for approximately 97% of the total meat export[20]. India has exported animal products of Rs. 30,632.81 Crores and Buffalo Meat of Rs. 25,168.31 Crores to the world in the year 2018-2019[21]. India is a developing nation and our government can’t afford to lose such a big amount.
Way Forward
There is no blanket ban on the slaughter of animals in India. No person can harm or injure any animal, but the same animal can be slaughtered in a slaughterhouse by a butcher. Present rules and laws are incapable of protecting animals from being slaughtered. There is a partial ban only on the slaughter of cattle in India. Beef is legally and freely available in states like West Bengal, Kerala, and all north-eastern states of India. There is no law available that prohibits the slaughter of other animals.
It is clear that none of our existing laws are sufficient to stop the slaughtering of animals, the Prevention of Cruelty to Animal Act itself permits the killing of an animal for two purposes, first for the consumption of mankind, and religious sacrifices. These two are the main reasons why animals are being slaughtered and our law permits both. Article 21, 48, 48A and 51A(g) are of no use until our legislation takes a step to convert these duties into a Legal Right of Animals “to be protected from being slaughtered” and make it enforceable.
References:
[1] The Constitution of India, art. 51A(g)
[2] Joslyn Chittilapally, “Veganism in India, how the dairy-loving country is embracing a plant-based diet”,
available at: https://www.lifegate.com/veganism-in-india (visited on August 06, 2020).
[3] Animal slaughter, available at: https://en.wikipedia.org/wiki/Animal_slaughter#:~:text=Animal%20slaughter%20is%20the%20killing,referring%20to%20killing%20domestic%20livestock.&text=The%20slaughter%20involves%20some%20initial,the%20carcass%20in%20one%20piece. (visited on august 06, 2020).
[4] CHAPTER 7: Slaughter of livestock available at: http://www.fao.org/3/x6909e/x6909e09.htm (visited on August 06, 2020).
[5] The Constitution of India, art. 48, 48A, 51A(g).
[6] The Constitution of India, Seventh Schedule.
[7] Animal Welfare Board Of India v. A. Nagaraja & Ors, available at: https://indiankanoon.org/doc/39696860/ (visited on August 07, 2020).
[8] Karnail Singh and others v. State of Haryana, available at: https://www.livelaw.in/pdf_upload/pdf_upload-361239.pdf
[9] The Indian Penal Code,1860 (45 of 1860), s. 428, 429.
[10] Hari Mandle v. Jafar (1895) ILR 22 Cal 457, available at: http://14.139.60.114:8080/jspui/bitstream/123456789/7568/1/060_Hari%20Mandle%20v.%20Jafar%20%28457-459%29.pdf
[11] The Prevention of Cruelty to Animals Act, 1960, s. 11, 28.
[12] Nidhi Sharma, “Government dilutes rules on cattle sale in animal market” The Economic Times, Apr. 10, 2018, available at; https://economictimes.indiatimes.com/news/politics-and-nation/government-dilutes-rules-on-cattle-sale-in-animal-market/articleshow/63690408.cms (visited on August 07, 2020)
[13] Prevention of Cruelty to Animals (slaughter House) Rules, 2001,Rule 3, available at; http://jkspcb.nic.in/WriteReadData/userfiles/file/Slaughter%20houses/Slaughter%20houses%20Rules,%202001.pdf
[14] Supreme Court refuses to entertain plea questioning animal sacrifice on ‘Bakrid’, Business Standards, Sept. 16, 2016, available at:https://www.business-standard.com/article/news-ani/sc-refuses-to-entertain-plea-questioning-animal-sacrifice-on-bakra-eid-116091600235_1.html (visited on August 08, 2020)
[15] Sri Subhas Bhattacharjee v. The State of Tripura, available at: https://indiankanoon.org/doc/58095629/
[16] Mohd. Hanif Qureshi v. State of Bihar, available at: https://blogs.loc.gov/law/2015/11/falqs-beef-bans-in-india/
[17] State of West Bengal & ors. v. Ashutosh Lahiri and others, available at: https://indiankanoon.org/doc/105231/
[18] State of Gujarat v. Mirzapur Moti Kureshi Kassab, available at: https://indiankanoon.org/doc/55842/
[19] Jo-Anne McArthur,When Natural Disaster Strikes, Wildlife Pays A Heavy Price, available at: https://sentientmedia.org/when-natural-disaster-strikes-wildlife-pays-a-heavy-price/#:~:text=A%20Heavy%20Price-,The%20Australia%20bushfires%20killed%20an%20estimated%201.25%20billion%20wild%20animals,during%20and%20after%20natural%20disasters. (visited on August 08, 2020).
[20] ICFA report, available at: https://www.icfa.org.in/assets/doc/reports/Indian_Meat_Market.pdf (visited on August 08, 2020)
[21] APEDA, available at: http://apeda.gov.in/apedawebsite/six_head_product/animal.htm (visited on August 08, 2020).
0 Comments