Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 August 2010

Bhardwaj blocks Bill banning cow slaughter

In line with the Congress' old policy of kowtowing to Muslim sentiments and the butchers' lobby, Karnataka Governor HR Bhardwaj has decided to reserve the Bill banning cow slaughter for the President's consideration. The reason cited is that certain provisos of the proposed law have inter-State implications. Though passed by both Houses of the State legislature, the fate of the Bill is now dependent on Ms Pratibha Patil's response, which is presumably shaped by her erstwhile party's stance on the issue. And that is well known, given the Congress's antipathy to banning cow slaughter. Though it has been in power at the Centre for the longest period of time, it has not bothered to bring about Central legislation in this regard.

In January this year, religious savants of all faiths, experts, organic farmers and social activists submitted to Ms Patil over eight crore signatures, collected during the 108-day Vishwa Mangal Gou Gram Yatra. The journey had begun from Kurukshetra on September 30 last year, and concluded in Nagpur on January 17, 2010. Their memorandum demanded enactment of a central law for cow protection. VHP president Ashok Singhal recalled that in 1952, anti-cow slaughter advocates had presented about two crore signatures to the then President Rajendra Prasad. What he failed to emphasise was that the campaign had not yielded the desired result. And no positive development has occurred now, with the Congress-led UPA Government unwilling to frame a central law, prohibiting cow slaughter.

It is worrisome that there has been concerted lobbying by politicos, traders and even a section of the media in Karnataka to scrap the Bill. Janata Dal (S) stalwart and former Prime Minister HD Deve Gowda claims that Mr Manmohan Singh, the present Prime Minister, agrees that the Bill is a bad law. But while it may affect the livelihood of butchers, leather workers, traders, and beef-sellers, who could easily be helped by the Government to take up other, less offensive work, it shows a commendable respect for milch animals, which are the staple of our predominantly agrarian economy. Religious sanctity aside, cows and, by extension, cattle are invaluable because they provide milk, dung and urine, used as fertilisers and even medicine, and also plough the fields. They preempt the need for costly agrochemicals in farming, as well as tractors. The worst reward for their efforts is to butcher them, thereby betraying the savagery of arid utilitarianism.

The Karnataka Prevention of Slaughter and Preservation of Cattle Bill, 2010, which is meant to replace the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act of 1964, is different from the latter in important ways. The former covers "cattle", defined as "cow, calf of a cow and bull, bullock, buffalo male or female and calf of she-buffalo". The earlier law was against the slaughter of cows, calves of cows and calves of she-buffaloes. It sanctioned the slaughter of bulls, bullocks and buffaloes if they were over 12 years old, or of no use. The penalty for an offence is more severe in the new law. Violating the 1964 Act invited a jail sentence of six months. Under the proposed law, imprisonment extends up to seven years. This should certainly deter cattle smuggling, illegal slaughter and the like.

Is a cartel of beef-traders and compulsions of minorityism responsible for sacrificing the dominant community's belief in the sanctity of cows on the anvil of commerce and politics? This issue has long been debated, as successive decades after Independence have seen the constitutional directive to ban cow slaughter being callously flouted. Article 48, 'Organisation of agriculture and animal husbandry', avers that "The State shall, in particular, take steps for prohibiting the slaughter of cows and calves and other milch animals". But while most States have instituted laws against cow slaughter, the Centre has been notoriously callous in this regard. Communist-leaning West Bengal and Kerala have also been remiss.

So far as Muslims are concerned, cow slaughter is not a duty, enjoined by Islam. Historical annals relate attempts by Muslim rulers such as Mohammed Bin Qasim, Mughals and Nawab Hyder Ali of Mysore to prohibit such butchery in deference to the feelings of their subjects. In the present instance, Mr KN Anees Ulhaq, State convenor of Karnataka's Muslim Rashtriya Manch, concedes that the Quran does not state whether people should eat beef or not, and that one should go with the majority opinion. But judging by its track record, the Congress clearly would beg to differ.



 13 Replies

N.K.Assumi (Advocate)     06 August 2010

India is a Country with Unity in Diversity and that DPSP should not be contrary to FR,  as food for some one is a poison for others. Let us learn to respect each other's sentiments, social practices etc; and in doing so we will achieved real Unity in Diversity.

Bhartiya No. 1 (Nationalist)     06 August 2010

In country where Majority of the people consider cow as a "sacred" animal, how few people make it a food. Even they do not have respect for the culture of Majority of the country, then why majority of the people should care for other's sentiments.


Mr Makkad is opiniated . That's the failure of our lawyers in general . An advocate must show retraint as he may have to represent a muslim minority as his client. I doubt mr Makkad will be able to do justice to a muslim with his opiniated idealogy.

The Hinduism is full of contradictions . Kasmiri Pundits are comfortable in eating any meat if cooked well . There are historical evidence that the so called upper caste hindus especially the so called brahmin by birth used to savour meat including beef. There is nothing wrong in eating beef. And i have seen enough in life to comment that GOSHALAS are the worst place for our GO MATAS.

vinod bansal (lawyer)     07 August 2010

With due respect to all religions/sentiments,  Why ban only cow slaughter, let us ban killing of all animals. What is the fault of goats, sheep and chicken? Are they children of lesser God? Why they should be left out? persons who are considering cattles as food,kindly take their kids also in their menu,only than they can feel ...something for animals/cattles.slaughtering is most shameful act in a Hindu country like India...shame shame  India Govt. & all responsible leader spl BJP leaders who gain power in the name of  cow but do nothing.


N.K.Assumi (Advocate)     07 August 2010

Does the Constitution of India declared that in matters of Social practices and even religion the majority's social practices and their religion will prevails over minority's socil practices and religion? Are we not a Nation based on Secularism with the signature tune of equality?

Bhartiya No. 1 (Nationalist)     07 August 2010

Established  law, being practiced since ages dprevails over written or legislative laws or constitution. It is a matter of religious belief, here no laws applies. Any religious beliefs and sentiments of the majority of the people should be respected. Attitude of respect comes from instinct within not by any force or by any law. Only cows are forbidden not buffalos or any other animal.

Iqbal A. M. Shaikh (Advocate)     08 August 2010

Mr. Makkad's opinion is religiously biased.  None of Muslim organisation are in opposition to ban on cow slaughter.  In fact for information of Mr. Makkad most of the revenue generated through the killings of cow slaughter e.g. bone, skin, blood and bile stones are traded by non-muslims and there is crores of rupees worth of foreign exchange is involved in these business.  We the Educated Muslims are considerated and even support ban on cow slaughter but the economic conditions which will largely affect the elite non muslims is the consideration for non implementation of blame.  Please do not blame every bad part of your life to muslims.  The muslim are playing a positive and developmental role in India and are not negatively minded towards other communities.

Arup (UNEMPLOYED)     08 August 2010

meat of cow is natural food for a large number of people.


therefore such bill must not be passed.


yes it is logical that slaughting should be under curtain.


we can not deprive a person from his natural and normal food.



puneet saxena (student)     08 August 2010

the cow is regarded as mother in bhartiy my logic it is because we drink it's milk like our mother so it is as respectable as our mother. in ancient time it may be the only animal that gives us milk.but now most of the person drink the milk of buffalo so it should be also regarded sacred. 

too much uproar is created against cow slaughtering why not for buffalo.i think we are laker ke fakeer and hypocrite. so please all those bhartiyas who are against cow slaughtering correct my opinion if it is wrong.


Arup (UNEMPLOYED)     08 August 2010




1) PLEASE GET IT CORRECTED THAT, - IT IS NOT  bhartiy culture it is culture of the section of Hindus. A section of Hindus, even not all Hindus, have no right to deprive the others from their natural and normal food.

2) We drink cow's milk. Therefore it is a mother like animal - it is your another logic.

Humourusly, you raised the point - milk of buffalo.

In fact we depend upon the milk of bufflow, camel, goat, and synthetic milk. Then all these animals should be statused as mother. Is there any ban on the meat of goat? 

Arup (UNEMPLOYED)     08 August 2010

3) i copied this from mr h. mandal - who is very perfect. on saying that

(a) " There are historical evidence that the so called upper caste hindus especially the so called brahmin by birth used to savour meat including beef. "

(b) " i have seen enough in life to comment that GOSHALAS are the worst place for our GO MATAS." - is it not real?

Arup (UNEMPLOYED)     08 August 2010

" persons who are considering cattles as food,kindly take their kids also in their menu, " - a very communal attitude.

 " Any religious beliefs and sentiments of the majority of the people should be respected. "   -  if your attitude respectable, you will get it automatically  -  otherwise not.

" slaughtering is most shameful act " - then eating potato or other vegetables & fruits are also shameful act.

" shame shame  India Govt. & all responsible leader spl BJP leaders who gain power in the name of  cow but do nothing." - bjp gone from power due to such attitude. they fails to come to power for the supporters of such attitude. congress in power - for the kindness of such attitude. Otherwise the common people has no enimity with  bjp.

Arup (UNEMPLOYED)     08 August 2010

thinking that, all hindus are supporter of this comunal attitude, are absolutely wrong.

A large number of Hindus do not have any communal feelings or attitude.

- that's why the preamble of the constitution are carrying the word ' secular '.

- that's why mr advani wrote ' zinna is secular.

- that's why mr j singh wrote that book.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register