The Supreme Court has currently put a stay on the complete ban imposed by the Madras High Court on the slaughter of cows and calves in Tamil Nadu. While hearing the petition of the Tamil Nadu government, the court said that prima facie there is a need for improvement in the last part of the High Court order. The state government says that this order is against the Tamil Nadu Animal Preservation Act, 1958, because under this law, slaughter of cows above 10 years of age and not fit for work or breeding is allowed with certain conditions. Now the Supreme Court has issued notice in this case and started further hearing. Let us understand what are the rules regarding cow slaughter in different states of the country after this decision and what punishment can be given for breaking the rules.
What is the whole matter?
Before understanding the rules, it is important to know what the whole matter is. Actually, Madras High Court had completely banned cow slaughter in Tamil Nadu. The state government reached the Supreme Court against this. On behalf of the government, senior lawyer Abhishek Manu Singhvi presented arguments in the court, after hearing which the Supreme Court stayed the High Court’s decision. The government said that the order of Madras High Court is against the Tamil Nadu Animal Preservation Act, 1958. According to this law, a cow above 10 years of age, which is no longer fit for work or breeding, can be slaughtered after getting a certificate from the competent authority. The government also said that the Prevention of Cruelty to Animals Act, 1960, Slaughter House Rules, 2001 and laws related to local bodies of Tamil Nadu already set out the terms and conditions for slaughter of animals. Nowhere in these has there been any mention of a complete ban. The government says that the High Court gave a decision different from the law by imposing a complete ban, whereas it is the job of the legislature, not the court, to make such a change.
What are the rules related to cow slaughter in the states?
In India, there is no uniform law throughout the country regarding cow slaughter. Under Article 246 of the Constitution, states have the right to make laws on this subject. For this reason, rules and punishment are different in every state. Laws prohibiting cow slaughter in some form or the other are in force in almost all states and union territories except Kerala, Arunachal Pradesh, Meghalaya, Mizoram, Nagaland and Lakshadweep. However, this does not mean that eating beef is banned everywhere. In many states, only cow slaughter is banned, while there are different rules regarding beef consumption.
There is a complete ban on slaughter of cows, bulls and oxen in states like Delhi, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh and Uttarakhand. Whereas in West Bengal, Andhra Pradesh, Tamil Nadu, Odisha, Karnataka, Puducherry and Andaman and Nicobar, slaughter can be allowed in some cases subject to certain conditions and a certificate from a competent authority or a government veterinarian. In some states, slaughter of buffalo is also allowed, but for this also a government certificate is necessary. Whereas cases related to cow slaughter have been considered cognizable and bailable offenses in some states, while in many states cognizable and non-bailable offences.
Punishment rules are also different
The punishment in cases related to cow slaughter is also different in every state. In West Bengal, Andhra Pradesh, Tamil Nadu, Maharashtra, Karnataka, Bihar, Assam and Delhi, the maximum punishment can be a jail term of 6 months or a fine up to Rs 1,000, or both. In Punjab and Himachal Pradesh, there is a provision of up to 5 years in jail and a fine of up to Rs 5,000. In Uttar Pradesh and Madhya Pradesh, the punishment can be up to 7 years, while in Jharkhand, there is a provision of jail from 1 year to 10 years. The strictest law is in Gujarat. Here, in the case of cow slaughter, there is a provision of punishment ranging from 7 years to life imprisonment and a fine of Rs 1 lakh to Rs 5 lakh.
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