Contradictions within India’s cow protection regime, Pg8

Key Highlights:

• The West Bengal government issued a notice with stringent conditions for animal slaughter under the West Bengal Animal Slaughter Control Act, 1950.
• The Calcutta High Court upheld the notice, requiring a "certificate of fitness" for slaughter of cows, bulls, bullocks, and buffaloes.
• Over 20 States in India have laws prohibiting cow slaughter, excluding Arunachal Pradesh, Meghalaya, Nagaland, Sikkim, Tripura, Manipur, Mizoram, and Kerala.
• Cattle census data indicates that the cow population in India has grown by only 49.63% since 1951, while the buffalo population has risen by 153.8%.

Detailed Insights:

• Cow protection has been a central issue in Hindutva politics, with historical roots in the Indian National Congress.
• Stringent cow slaughter laws, such as the Gujarat law of 2017 providing for life imprisonment, have not necessarily preserved cow populations.
• The Supreme Court in Mohd. Hanif Quareshi vs State of Bihar (1958) held that cow slaughter on Bakr-Eid is not an essential Islamic practice.
• Cattle census data reveals that States with strict cow slaughter laws have not necessarily seen a greater increase in cow population compared to States like West Bengal.
• Farmers in States with stringent prohibition laws may be pushed towards buffalo rearing, as reflected in the declining cattle-to-buffalo ratio between 2012 and 2019.
• Farmers in West Bengal earned nearly ₹35,000 crore between 2012 and 2019 from the lawful sale of cattle for slaughter, apart from their dairy income.
• Justice Chelameswar in K.S. Puttaswamy (2017) observed that the State should not dictate personal choices related to food, dress, or associations.

Key Concepts Involved:

• Hindutva: An ideology seeking to define Indian culture in terms of Hindu values.
• Directive Principles: Non-justiciable guidelines for the State in India, aiming to create a social and economic order.
• Essential Religious Practices Test: Determines if a religious practice is fundamental and mandatory to a religion.