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[[File:2009 India Butcher's shop in Muslim district of Mysore.jpg|thumb|upright=1.2|A Butcher's shop in [[Mysore]], India.]]
[[File:2009 India Butcher's shop in Muslim district of Mysore.jpg|thumb|upright=1.2|A Butcher's shop in [[Mysore]], India.]]
[[File:Bhains (buffalo).jpg|thumb|upright=1.2|India's beef industry is predominantly based on the slaughtering of water buffalo ([[carabeef]]).<ref name=landesusda/>]]
[[File:Bhains (buffalo).jpg|thumb|upright=1.2|India's beef industry is predominantly based on the slaughtering of water buffalo ([[carabeef]]).<ref name=landesusda/>]]
Cattle slaughter is a controversial topic in [[India]] because of the cattle's traditional status as an endeared and respected living being to many in [[Hinduism]], [[Sikhism]], [[Jainism]] and [[Buddhism]],<ref>{{cite book|author=Lisa Kemmerer|title=Animals and World Religions|url=https://books.google.com/books?id=fidwAgAAQBAJ|year= 2011|publisher= Oxford University Press|isbn=978-0-19-979076-0|pages=58–65, 100–101, 110}}</ref><ref>{{cite book|author= Clive Phillips|title=The Welfare of Animals: The Silent Majority |url =https://books.google.com/books?id=eq28F0MMrhIC |year= 2008|publisher= Springer |isbn=978-1-4020-9219-0|pages=98–103}}</ref> in contrast to cattle being considered as a religiously acceptable source of meat by many in [[Islam]], [[Christianity]] as well as some in Hinduism and other [[Indian religions]] (including many lower-caste Hindus<ref>{{cite encyclopedia|title=Encyclopedia of Human Nutrition|editor= Lindsay Allen, Andrew Prentice|article=Religious Customs, Influence on Diet: Hinduism|page=98}}</ref> ).<ref>[a] {{cite book|author1= Robert J. Muckle|author2=Laura Tubelle de González|title= Through the Lens of Anthropology: An Introduction to Human Evolution and Culture |url= https://books.google.com/books?id=3FUACwAAQBAJ |year= 2015|publisher= University of Toronto Press|isbn=978-1-4426-0863-4|pages=299–300}}; [b] {{cite journal | last=Eliasi | first=Jennifer R. | last2=Dwyer | first2=Johanna T. | title=Kosher and Halal | journal=Journal of the American Dietetic Association | publisher=Elsevier BV | volume=102 | issue=7 | year=2002 | doi=10.1016/s0002-8223(02)90203-8 | pages=911–913}}</ref><ref>{{cite journal|title=Symbol and Sustenance: Cattle in South Asian Culture|journal=Dialectical Anthropology|author=Deryck O. Lodrick |volume=29|issue=1|page=73|quote="beef-eating is common among low caste Hindus"}}</ref><ref name=simoons110/> More specifically, the cow's slaughter has been shunned because of a number of reasons such as being associated with god [[Krishna]] in Hinduism, cattle being respected as an integral part of rural livelihoods and an essential economic necessity.<ref name=mandair171>{{cite book|author=Arvind-Pal Singh Mandair|title=Sikhism: A Guide for the Perplexed |url=https://books.google.com/books?id=vdhLAQAAQBAJ |year= 2013|publisher= Bloomsbury Academic |isbn=978-1-4411-0231-7|pages=171–172}}</ref><ref>{{cite book|author1=Michael Carrithers|author2=Caroline Humphrey|title=The Assembly of Listeners: Jains in Society|url=https://books.google.com/books?id=LW8czr_HzzwC |year=1991|publisher=Cambridge University Press|isbn=978-0-521-36505-5|pages=94–96}};<br>{{cite book|author=James Stewart|title=Vegetarianism and Animal Ethics in Contemporary Buddhism|url=https://books.google.com/books?id=RNBgCgAAQBAJ&pg=PA124 |year=2015|publisher=Routledge|isbn=978-1-317-62398-4|pages=124–127}}</ref><ref name="Kemmerer2011p59">{{cite book|author=Lisa Kemmerer|title=Animals and World Religions|url=https://books.google.com/books?id=fidwAgAAQBAJ|year=2011|publisher=Oxford University Press|isbn=978-0-19-979076-0|pages=59–68 (Hinduism), pp. 100–110 (Buddhism)}}</ref> Historically, cattle slaughter has also been opposed by various Indian religions because of the ethical principle of [[Ahimsa]] (non-violence) and the belief in the unity of all life.<ref>Marvin Harris (1990), [http://academic.regis.edu/rlumpp/PDF%20files/RT%20201%20India%27s%20Sacred%20Cow.pdf India's sacred cow], Anthropology: contemporary perspectives, 6th edition, Editors: Phillip Whitten & David Hunter, Scott Foresman, {{ISBN|0-673-52074-9}}, page 201</ref><ref>{{cite journal | last=Freed | first=Stanley A. | last2=Freed et al | first2=Ruth S. | title=Sacred Cows and Water Buffalo in India: The Uses of Ethnograph | journal=Current Anthropology | publisher=University of Chicago Press | volume=22 | issue=5 | year=1981 | doi=10.1086/202723 | pages=483–502}}</ref><ref>{{cite book|author=Richard L. Warms|title=Sacred Realms: Readings in the Anthropology of Religion|url=https://books.google.com/books?id=4RQRAQAAIAAJ|year=2009|publisher=Oxford University Press|isbn=978-0-19-534132-4|page=449}}, '''Quote:''' "First, the ban on cattle slaughter is part of the general doctrine of ahimsa, causing no hurt to living beings. It is not only cattle that are protected by ahimsa, but other animals as well."</ref>
Cattle slaughter is a controversial topic in [[India]] because of the cattle's traditional status as an endeared and respected living being to many in [[Hinduism]], [[Sikhism]], [[Jainism]] and [[Buddhism]],<ref>{{cite book|author=Lisa Kemmerer|title=Animals and World Religions|url=https://books.google.com/books?id=fidwAgAAQBAJ|year= 2011|publisher= Oxford University Press|isbn=978-0-19-979076-0|pages=58–65, 100–101, 110}}</ref><ref>{{cite book|author= Clive Phillips|title=The Welfare of Animals: The Silent Majority |url =https://books.google.com/books?id=eq28F0MMrhIC |year= 2008|publisher= Springer |isbn=978-1-4020-9219-0|pages=98–103}}</ref> in contrast to cattle being considered as a religiously acceptable source of meat by many in [[Islam]], [[Christianity]] as well as some in Hinduism and other [[Indian religions]].<ref>[a] {{cite book|author1= Robert J. Muckle|author2=Laura Tubelle de González|title= Through the Lens of Anthropology: An Introduction to Human Evolution and Culture |url= https://books.google.com/books?id=3FUACwAAQBAJ |year= 2015|publisher= University of Toronto Press|isbn=978-1-4426-0863-4|pages=299–300}}; [b] {{cite journal | last=Eliasi | first=Jennifer R. | last2=Dwyer | first2=Johanna T. | title=Kosher and Halal | journal=Journal of the American Dietetic Association | publisher=Elsevier BV | volume=102 | issue=7 | year=2002 | doi=10.1016/s0002-8223(02)90203-8 | pages=911–913}}</ref><ref>{{cite journal|title=Symbol and Sustenance: Cattle in South Asian Culture|journal=Dialectical Anthropology|author=Deryck O. Lodrick |volume=29|issue=1|page=73|quote="beef-eating is common among low caste Hindus"}}</ref><ref name=simoons110/> More specifically, the cow's slaughter has been shunned because of a number of reasons such as being associated with god [[Krishna]] in Hinduism, cattle being respected as an integral part of rural livelihoods and an essential economic necessity.<ref name=mandair171>{{cite book|author=Arvind-Pal Singh Mandair|title=Sikhism: A Guide for the Perplexed |url=https://books.google.com/books?id=vdhLAQAAQBAJ |year= 2013|publisher= Bloomsbury Academic |isbn=978-1-4411-0231-7|pages=171–172}}</ref><ref>{{cite book|author1=Michael Carrithers|author2=Caroline Humphrey|title=The Assembly of Listeners: Jains in Society|url=https://books.google.com/books?id=LW8czr_HzzwC |year=1991|publisher=Cambridge University Press|isbn=978-0-521-36505-5|pages=94–96}};<br>{{cite book|author=James Stewart|title=Vegetarianism and Animal Ethics in Contemporary Buddhism|url=https://books.google.com/books?id=RNBgCgAAQBAJ&pg=PA124 |year=2015|publisher=Routledge|isbn=978-1-317-62398-4|pages=124–127}}</ref><ref name="Kemmerer2011p59">{{cite book|author=Lisa Kemmerer|title=Animals and World Religions|url=https://books.google.com/books?id=fidwAgAAQBAJ|year=2011|publisher=Oxford University Press|isbn=978-0-19-979076-0|pages=59–68 (Hinduism), pp. 100–110 (Buddhism)}}</ref> Historically, cattle slaughter has also been opposed by various Indian religions because of the ethical principle of [[Ahimsa]] (non-violence) and the belief in the unity of all life.<ref>Marvin Harris (1990), [http://academic.regis.edu/rlumpp/PDF%20files/RT%20201%20India%27s%20Sacred%20Cow.pdf India's sacred cow], Anthropology: contemporary perspectives, 6th edition, Editors: Phillip Whitten & David Hunter, Scott Foresman, {{ISBN|0-673-52074-9}}, page 201</ref><ref>{{cite journal | last=Freed | first=Stanley A. | last2=Freed et al | first2=Ruth S. | title=Sacred Cows and Water Buffalo in India: The Uses of Ethnograph | journal=Current Anthropology | publisher=University of Chicago Press | volume=22 | issue=5 | year=1981 | doi=10.1086/202723 | pages=483–502}}</ref><ref>{{cite book|author=Richard L. Warms|title=Sacred Realms: Readings in the Anthropology of Religion|url=https://books.google.com/books?id=4RQRAQAAIAAJ|year=2009|publisher=Oxford University Press|isbn=978-0-19-534132-4|page=449}}, '''Quote:''' "First, the ban on cattle slaughter is part of the general doctrine of ahimsa, causing no hurt to living beings. It is not only cattle that are protected by ahimsa, but other animals as well."</ref>


Article 48 of the [[Constitution of India]] mandates the state to prohibit the slaughter of cows and calves and other milch and draught cattle.<ref name=simoon122/><ref>{{cite web|url=http://indiankanoon.org/doc/237570/ |title=Constitution of India}}</ref><ref>{{cite web|url=http://india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf |title=India Constitution of India |publisher=Govt of India official site}}</ref> On October 26, 2005, the [[Supreme Court of India]], in a landmark judgement upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India.<ref name="indiatimes2005">{{cite web|agency=TNN |url=http://articles.timesofindia.indiatimes.com/2005-10-27/india/27840156_1_cow-slaughter-ban-bulls-and-bullocks-complete-ban |title=SC upholds cow slaughter ban |publisher=''[[The Times Of India]]'' |date=2005-10-27 |accessdate=2013-11-19}}</ref><ref>{{cite web|url=http://www.rediff.com/news/2005/oct/26sc.htm|title=SC upholds ban on cow slaughter}}</ref><ref>{{cite web|url=http://www.thehindu.com/2005/11/17/stories/2005111703220300.htm|title=Cow slaughter: States urged to introduce law}}</ref><ref>{{cite web|url=http://archive.indianexpress.com/news/sc-laws-prohibiting-cow-slaughter-constitutional/1426/|title=SC: Laws prohibiting cow slaughter constitutional}}</ref> 24 out of 29 states in India currently have various regulations prohibiting either the slaughter or sale of cows.<ref>{{cite web|url=http://scroll.in/article/689155/Ban-on-cow-slaughter-in-24-Indian-states-is-leading-to-dead-humans-on-the-border|title=Ban on cow slaughter in 24 Indian states is leading to dead humans on the border}}</ref><ref>{{cite web|url=http://www.outlookindia.com/article/prime-cuts/292209|title=Prime Cuts}}</ref><ref>{{cite web|url=http://www.thehindu.com/news/national/cattle-slaughter-in-varying-degrees/article6956046.ece|title=Cattle slaughter, in varying degrees}}</ref><ref>{{cite web|url=http://scroll.in/article/711064/maharashtras-beef-ban-shows-how-politicians-manipulate-hindu-sentiments-around-cow-slaughter|title=Maharashtra’s beef ban shows how politicians manipulate Hindu sentiments around cow slaughter}}</ref><ref>{{cite web|url=http://timesofindia.indiatimes.com/india/Sushil-Modi-vows-cow-slaughter-ban-in-Bihar-Congress-cites-1955-law/articleshow/49235945.cms|title=the fact is that cow slaughter is banned in 24 states.}}</ref> Kerala, West Bengal, Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Tripura and Sikkim are the states where there are no restrictions on cow slaughter.<ref>{{cite web|url=http://indianexpress.com/article/explained/explained-no-beef-nation/|title=The states where cow slaughter is legal in India}}</ref><ref>{{cite web|title=Graphic: Mapping cow slaughter in Indian states|url=http://www.hindustantimes.com/india/graphic-mapping-cow-slaughter-in-indian-states/story-k4WOaEl9GCDNjsAjbQFVtO.html}}</ref><ref>{{cite web|url=http://timesofindia.indiatimes.com/india/cow-slaughter-allowed-in-most-northeastern-states-bengal/articleshow/57980903.cms|title=Cow slaughter allowed in most northeastern states, Bengal}}</ref>
Article 48 of the [[Constitution of India]] mandates the state to prohibit the slaughter of cows and calves and other milch and draught cattle.<ref name=simoon122/><ref>{{cite web|url=http://indiankanoon.org/doc/237570/ |title=Constitution of India}}</ref><ref>{{cite web|url=http://india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf |title=India Constitution of India |publisher=Govt of India official site}}</ref> On October 26, 2005, the [[Supreme Court of India]], in a landmark judgement upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India.<ref name="indiatimes2005">{{cite web|agency=TNN |url=http://articles.timesofindia.indiatimes.com/2005-10-27/india/27840156_1_cow-slaughter-ban-bulls-and-bullocks-complete-ban |title=SC upholds cow slaughter ban |publisher=''[[The Times Of India]]'' |date=2005-10-27 |accessdate=2013-11-19}}</ref><ref>{{cite web|url=http://www.rediff.com/news/2005/oct/26sc.htm|title=SC upholds ban on cow slaughter}}</ref><ref>{{cite web|url=http://www.thehindu.com/2005/11/17/stories/2005111703220300.htm|title=Cow slaughter: States urged to introduce law}}</ref><ref>{{cite web|url=http://archive.indianexpress.com/news/sc-laws-prohibiting-cow-slaughter-constitutional/1426/|title=SC: Laws prohibiting cow slaughter constitutional}}</ref> 24 out of 29 states in India currently have various regulations prohibiting either the slaughter or sale of cows.<ref>{{cite web|url=http://scroll.in/article/689155/Ban-on-cow-slaughter-in-24-Indian-states-is-leading-to-dead-humans-on-the-border|title=Ban on cow slaughter in 24 Indian states is leading to dead humans on the border}}</ref><ref>{{cite web|url=http://www.outlookindia.com/article/prime-cuts/292209|title=Prime Cuts}}</ref><ref>{{cite web|url=http://www.thehindu.com/news/national/cattle-slaughter-in-varying-degrees/article6956046.ece|title=Cattle slaughter, in varying degrees}}</ref><ref>{{cite web|url=http://scroll.in/article/711064/maharashtras-beef-ban-shows-how-politicians-manipulate-hindu-sentiments-around-cow-slaughter|title=Maharashtra’s beef ban shows how politicians manipulate Hindu sentiments around cow slaughter}}</ref><ref>{{cite web|url=http://timesofindia.indiatimes.com/india/Sushil-Modi-vows-cow-slaughter-ban-in-Bihar-Congress-cites-1955-law/articleshow/49235945.cms|title=the fact is that cow slaughter is banned in 24 states.}}</ref> Kerala, West Bengal, Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Tripura and Sikkim are the states where there are no restrictions on cow slaughter.<ref>{{cite web|url=http://indianexpress.com/article/explained/explained-no-beef-nation/|title=The states where cow slaughter is legal in India}}</ref><ref>{{cite web|title=Graphic: Mapping cow slaughter in Indian states|url=http://www.hindustantimes.com/india/graphic-mapping-cow-slaughter-in-indian-states/story-k4WOaEl9GCDNjsAjbQFVtO.html}}</ref><ref>{{cite web|url=http://timesofindia.indiatimes.com/india/cow-slaughter-allowed-in-most-northeastern-states-bengal/articleshow/57980903.cms|title=Cow slaughter allowed in most northeastern states, Bengal}}</ref>

Revision as of 04:28, 23 June 2017

A male buffalo calf about to be sacrificed by a priest in the Durga Puja festival. Such buffalo sacrifice practice, however, is rare in contemporary India.[1]
A Butcher's shop in Mysore, India.
India's beef industry is predominantly based on the slaughtering of water buffalo (carabeef).[2]

Cattle slaughter is a controversial topic in India because of the cattle's traditional status as an endeared and respected living being to many in Hinduism, Sikhism, Jainism and Buddhism,[3][4] in contrast to cattle being considered as a religiously acceptable source of meat by many in Islam, Christianity as well as some in Hinduism and other Indian religions.[5][6][7] More specifically, the cow's slaughter has been shunned because of a number of reasons such as being associated with god Krishna in Hinduism, cattle being respected as an integral part of rural livelihoods and an essential economic necessity.[8][9][10] Historically, cattle slaughter has also been opposed by various Indian religions because of the ethical principle of Ahimsa (non-violence) and the belief in the unity of all life.[11][12][13]

Article 48 of the Constitution of India mandates the state to prohibit the slaughter of cows and calves and other milch and draught cattle.[14][15][16] On October 26, 2005, the Supreme Court of India, in a landmark judgement upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India.[17][18][19][20] 24 out of 29 states in India currently have various regulations prohibiting either the slaughter or sale of cows.[21][22][23][24][25] Kerala, West Bengal, Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Tripura and Sikkim are the states where there are no restrictions on cow slaughter.[26][27][28]

The laws governing cattle slaughter in India vary greatly from state to state. The "Preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practice" is Entry 15 of the State List of the Seventh Schedule of the Constitution, meaning that State legislatures have exclusive powers to legislate the prevention of slaughter and preservation of cattle. Some States allow the slaughter of cattle with restrictions like a "fit-for-slaughter" certificate which may be issued depending on factors like age and gender of cattle, continued economic viability etc. Others completely ban cattle slaughter, while there is no restriction in a few states.[14] On 26 May 2017, the Ministry of Environment of Indian Central Government led by Bharatiya Janata Party (BJP) imposed a ban on the sale and purchase of cattle for slaughter at animal markets across India, under Prevention of Cruelty to Animals statutes.[29][30]

According to UN's Food and Agriculture Organization and European Union, India beef consumption per capita per year is the world's lowest amongst the countries it surveyed.[31] Under the current trade laws of India, the export and import of beef (meat of cow, oxen and calf) is prohibited. Bone in meat, carcass, half carcass of buffalo is also prohibited and is not permitted to be exported. Only the boneless meat of buffalo (carabeef) is permitted for export.[32][33] The buffalo-meat exports constitute the predominant portion of the beef trade in India.[34][35] India produced 3.643 million metric tons of beef in 2012, of which 1.963 million metric tons was consumed domestically and 1.680 million metric tons was exported. According to a 2012 report, India ranks 5th in the world in beef production and 7th in domestic consumption.[36] According to a 2016 USDA review, India has rapidly grown to become the world's largest beef exporter, accounting for 20% of world's beef trade based on its large water buffalo meat processing industry.[2] Surveys of cattle slaughter operations in India have reported hygiene concerns.[37][38] The Indian government requires mandatory microbiological and other testing of exported beef.[34]

History

Indian religions

Cattle in ancient India

India is a strange country. People do not kill
any living creatures, do not keep pigs and fowl,
and do not sell live cattle.

Faxian, 4th/5th century CE
Chinese pilgrim to India[39]

The scope, extent and status of animals in ancient India is a subject of scholarly dispute. Many interpret ancient Hindu texts as supporting animal sacrifice. For example, according to Jha, cattle including cows were neither inviolable nor revered in the ancient times as they were later.[40] A Gryhasutra recommends that beef be eaten by the mourners, after a funeral ceremony as a ritual rite of passage.[41] In contrast, according to Marvin Harris, the Vedic literature is contradictory, with some suggesting ritual slaughter and meat consumption, while others suggesting a taboo on meat eating.[42]

A 2nd Century A.D sculpture of Nandi bull. It is a sacred symbol in Shaivism tradition of Hinduism.

Animal sacrifice was rejected, and the protection of animal life was championed by Jainism, on the grounds that violence against life forms is a source of suffering in the universe and a human being creates bad karma by violence against any living being.[43] The Chandogya Upanishad mentions the ethical value of Ahimsa, or non-violence towards all beings.[43][44] By mid 1st millennium BCE, all three major Indian religions – Buddhism, Hinduism and Jainism – were championing non-violence as an ethical value, and something that impacted one's rebirth. According to Harris, by about 200 CE, food and feasting on animal slaughter were widely considered as a form of violence against life forms, and became a religious and social taboo.[42][10]

The cow has been a symbol of wealth in India since ancient times.[45]

Hinduism

According to Nanditha Krishna, the cow veneration in ancient India "probably originated from the pastoral Aryans" in the Vedic era, whose religious texts called for non-violence towards all bipeds and quadrupeds, and often equated killing of a cow with the killing of a human being especially a Brahmin.[46] The hymn 10.87.16 of the Hindu scripture Rigveda (~1200–1500 BCE), states Nanditha Krishna, condemns all killings of men, cattle and horses, and prays to god Agni to punish those who kill.[47][48]

The iconography of popular Hindu deity Krishna often includes cows. He is revered in Vaishnavism.

According to Harris, the literature relating to cow veneration became common in 1st millennium CE, and by about 1000 CE vegetarianism, along with a taboo against beef, became a well accepted mainstream Hindu tradition.[42] This practice was inspired by the belief in Hinduism that a soul is present in all living beings, life in all its forms is interconnected, and non-violence towards all creatures is the highest ethical value.[42][10] Vegetarianism is a part of the Hindu culture. God Krishna, one of the incarnations (Avatar) of Vishnu, is associated with cows, adding to its endearment.[42][10]

Many ancient and medieval Hindu texts debate the rationale for a voluntary stop to cow slaughter and the pursuit of vegetarianism as a part of a general abstention from violence against others and all killing of animals.[49][50] Some significant debates between pro-non-vegetarianism and pro-vegetarianism, with mention of cattle meat as food, is found in several books of the Hindu epic, the Mahabharata, particularly its Book III, XII, XIII and XIV.[49] It is also found in the Ramayana.[50] These two epics are not only literary classics, but they have also been popular religious classics.[51]

The Mahabharata debate presents one meat-producing hunter who defends his profession as dharmic.[49] The hunter, in this ancient Sanskrit text, states that meat consumption should be okay because animal sacrifice was practiced in the Vedic age, that the flesh nourishes people, that man must eat to live and plants like animals are alive too, that the nature of life is such every life form eats the other, that no profession is totally non-violent because even agriculture destroys numerous living beings when the plough digs the land.[49] The hunter's arguments are, states Alsdorf, followed by stanzas that present support for restricted meat-eating on specific occasions.[49]

The pro-vegetarianism sections of these Hindu texts counter these views. One section acknowledges that the Vedas do mention sacrifice, but not killing the animal. The proponents of vegetarianism state that Vedic teachings explicitly teach against killing, its verses can be interpreted in many ways, that the correct interpretation is of the sacrifice as the interiorized spiritual sacrifice, one where it is an "offering of truth (satya) and self-restraint (damah)", with the proper sacrifice being one "with reverence as the sacrificial meal and Veda study as the herbal juices".[52][53] The sections that appeal for vegetarianism, including abstention from cow slaughter, state that life forms exist in different levels of development, some life forms have more developed sensory organs, that non-violence towards fellow man and animals who experience pain and suffering is an appropriate ethical value. It states that one's guiding principle should be conscientious atmaupamya (literally, "to-respect-others-as-oneself").[49]

According to Ludwig Alsdorf, "Indian vegetarianism is unequivocally based on ahimsa (non-violence)" as evidenced by ancient smritis and other ancient texts of Hinduism. He adds that the endearment and respect for cattle in Hinduism is more than a commitment to vegetarianism, it has become integral to its theology.[54] The respect for cattle is widespread but not universal. Some Hindus (Shaktism) practice animal sacrifice and eat meat including beef at certain festivals. According to Christopher Fuller, animal sacrifices have been rare among the Hindus outside a few eastern states and Himalayan regions of the Indian subcontinent.[54][55] To the majority of modern Indians, states Alsdorf, respect for cattle and disrespect for slaughter is a part of their ethos and there is "no ahimsa without renunciation of meat consumption".[54]

Jainism

Jainism is against violence to all living beings, including cattle. According to the Jaina sutras, humans must avoid all killing and slaughter because all living beings are fond of life, they suffer, they feel pain, they like to live, and long to live. All beings should help each other live and prosper, according to Jainism, not kill and slaughter each other.[56][57]

In the Jain tradition, neither monks nor laypersons should cause others or allow others to work in a slaughterhouse.[58] Jains believe that vegetarian sources can provide adequate nutrition, without creating suffering for animals such as cattle.[58] According to some Jain scholars, slaughtering cattle increases ecological burden from human food demands since the production of meat entails intensified grain demands, and reducing cattle slaughter by 50 percent would free up enough land and ecological resources to solve all malnutrition and hunger worldwide. The Jain community leaders, states Christopher Chapple, has actively campaigned to stop all forms of animal slaughter including cattle.[59]

Jains have led a historic campaign to ban the slaughter of cows and all other animals, particularly during their annual festival of Paryushana (also called Daslakshana by Digambara).[60] Historical records, for example, state that the Jain leaders lobbied Mughal emperors to ban slaughter of cattles and other animals, during this 8 to 12 day period. In some cases, such as during the 16th century rule of Akbar, they were granted their request and an edict was issued by Akbar. Jahangir revoked the ban upon coronation, reinstated it in 1610 when Jain community approached and appealed to him, then later reversed the 1610 ban with a new edict.[61][62]

Buddhism

The texts of Buddhism state ahimsa to be one of five ethical precepts, which requires a practicing Buddhist to "refrain from killing living beings".[63] Slaughtering cow has been a taboo, with some texts suggest taking care of a cow is a means of taking care of "all living beings". Cattle is seen as a form of reborn human beings in the endless rebirth cycles in samsara, protecting animal life and being kind to cattle and other animals is good karma.[63][64] Not only do Buddhist texts state that killing or eating meat is wrong, it urges Buddhist laypersons to not operate slaughterhouses, nor trade in meat.[65][66][67] Indian Buddhist texts encourage a plant-based diet.[10][42]

Saving animals from slaughter for meat, is believed in Buddhism to be a way to acquire merit for better rebirth.[64] According to Richard Gombrich, there has been a gap between Buddhist precepts and practice. Vegetarianism is admired, states Gombrich, but often it is not practiced. Nevertheless, adds Gombrich, there is a general belief among Theravada Buddhists that eating beef is worse than other meat and the ownership of cattle slaughterhouses by Buddhists is relatively rare.[68][note 1]

Sikhism

According to Arvind-Pal Singh Mandair, the cow, the buffalo and the ox are an integral part of rural Sikh livelihoods, and these are never slaughtered for consumption by any method, treated with respect and beef is strictly avoided.[8] Ranjit Singh, founder of the Sikh Empire and Maharaja from 1801 to 1839, banned cow slaughter throughout his domains.[70] Ralph Fitch, a gentleman merchant of London and one of the earliest English travellers to India wrote a letter home in 1580 stating, "They have a very strange order among them - they worship a cow and esteem much of the cow's dung to paint the walls of their houses ... They eat no flesh, but live by roots and rice and milk."[71]

Islam and Christianity

Islam

Cattle in medieval India

Hindus, like early Christians and Manichaeans,
forbade the killing and eating of meat [of cows].

Abū Rayḥān Al-Biruni, 1017–1030 CE
Persian visitor to India[72][73]

With the arrival of Islamic rule as the Delhi Sultanate in the 12th-century, Islamic dietary practices entered India. According to the verses of the Quran, such as 16:5–8 and 23:21–23, God created cattle to benefit man and recommends Muslims to eat cattle meat, but forbids pork.[74] Cattle slaughter had been and continued to be a religiously approved practice among the Muslim rulers and the followers of Islam, particularly on festive occasions such as the Bakri-Id.[74][75]

The earliest texts on the invasion of the Indian subcontinent mention the cow slaughter taboo, and its use by Muslim army commanders as a political message by committing the taboo inside temples.[76] For example, in the early 11th century narrative of Al-Biruni, the story of 8th-century Muhammad bin Qasim conquest of Multan is mentioned. In this Al-Biruni narrative, according to Manan Ahmed Asif – a historian of Islam in South and Southeast Asia, "Qasim first asserts the superiority of Islam over the polytheists by committing a taboo (killing a cow) and publicly soiling the idol (giving the cow meat as an offering)" before allowing the temple to continue as a place of worship.[76] In the early 13th-century Persian text of Chach Nama, the defending fort residents call the attacking Muslims in rage as "Candalas and cow-eaters", but adds André Wink, the text is silent about "cow-worship".[77] In the texts of court historians of the Delhi Sultanate, and later the Mughal Empire, cow slaughter taboo in India is mentioned, as well as cow slaughter as a means of political message, desecration, as well as its prohibition by Sultans and Muslim Emperors as a means of accommodation of public sentiments in the Indian subcontinent.[78][79][80]

In 1756–57, in what was his fourth invasion of India, the founder of the Durrani Empire, Ahmad Shāh Durrānī sacked Delhi and plundered Agra, Mathura, and Vrndavana.[81] On his way back to Afghanistan, he attacked the Golden Temple in Amritsar and filled its sacred pool with the blood of slaughtered cows.[82]

While most Muslims consider cattle to be a source of religiously acceptable meat, some Muslim Sufism sects of India practiced vegetarianism,[39] at least during periods of prayers and fasting. Their reasons, states Richard Foltz, were same as other non-Muslim Indians, that is compassion for life and animals. According to Foltz, this Sufi practice was probably influenced by Hindus or Buddhists of South Asia.[83]

Christianity

European memoirs on cattle in India

They would not kill an animal on any account,
not even a fly, or a flea, or a louse,
or anything in fact that has life;
for they say these have all souls,
and it would be sin to do so.

Marco Polo, III.20, 13th century
Venetian traveler to India[84]

Christianity arrived on the Indian sea coast with Christian travelers and merchants. The colonial Portuguese conquerors attempted to establish a presence by conquering islands and ports, force converting those they met into Roman Catholicism. The conversion ritual involved making the converts eat beef and pork as a confirmation that they have given up Hinduism or Islam.[85] However, vegetarianism continued amongst some of the Indian Christians, and an estimated 8% of the contemporary Christians in India don't eat meat including that sourced from cattle. According to Sen, Indian ideas about compassion for animals and humane treatment returned from India to Europe with the Portuguese, and drew praise from Voltaire and Isaac Newton,[85] and influenced Descartes, Rousseau and Shelley to question the ethics of meat production and consumption.[86]

Mughal Empire

Cattle slaughter, in accordance with the Islamic custom, was practiced in the Mughal Empire under its Sunni rulers with a few exceptions. The religiously liberal emperor Akbar, out of respect for the demographic majority of Hindus, criminalized cow slaughtering. In one case, Akbar banished his high official for the offense of cow slaughter.[87] Later, Aurangzeb lifted this prohibition with his Fatawa-i-Alamgiri. Despite cow slaughter no longer being a crime, states Muhammad Mahbubur Rahman, "no one dared publicly to slaughter cows, particularly in Hindu-dominated areas as people could instantly punish the culprit".[87]

The Mughal emperor Humayun stopped eating beef after the killing of cows in a Hindu territory by his soldiers led to clashes, according to the Tezkerah al-Vakiat.[88] Later Mughal emperors Jahangir (1605 – 1627), imposed a ban on cattle slaughter for a few years, not out of respect for Hindus, but because cattle had become scarce.[89]

In 1645, soon after being appointed Governor of Gujarat by Shah Jahan, Aurangzeb desecrated the Chintamani Parshvanath Jain temple near Sarashpur, Gujarat by killing a cow inside the Jain temple and lopping off the noses of the statues and converting it into a mosque calling it the "Might of Islam".[90][91][note 2]

In present-day Punjab, India, a delegation to the 9th Sikh guru Guru Tegh Bahadur told him that " ... Cows are everywhere being slaughtered. If any cow or buffalo belonging to a Hindu is mortally ill the qazi comes and kills it on the spot. ... If we fail to inform the qazi when a beast is dying he punishes us ... "[93]

Maratha Empire

According to Ian Copland and other scholars, the Maratha Empire, which led a Hindu rebellion against the Muslim Mughal Empire and created a Hindu state in the 17th and 18th centuries, respected mosques, mausoleums and Sufi pirs.[94] However, the Maratha polity sharply enforced the Hindu sentiments for cow protection. This may be linked to the Bhakti movement that developed before the rise of the Maratha Empire, states Copland, where legends and a theology based on the compassion and love stories of Hindu god Krishna, himself a cowherd became integral to regional religiosity.[94]

The Maratha administration adopted the same approach with Portuguese Christians in the Western Ghats and the peninsular coastal regions. Marathas were liberal, state Copland and others, they respected Christian priests, allowed the building of churches and gave state land to Christian causes. However, cattle protection expected by the Hindu majority was the state norm, which Portuguese Christians were required to respect.[95]

Sikh Empire

Cow slaughter was banned by Maharajah Ranjit Singh, the founder of the Sikh Empire in Punjab.[96] Many butcher houses were banned and restrictions were put on the slaughter of cow and sale of beef in the Sikh Empire,[97] as following the traditions, cow was as sacred to the Sikhs as to the Hindus.[98] During the Sikh reign, cow slaughter was a capital offence, for which perpetrators were even executed.[96][99]

British Raj

With the advent of British rule in India, eating beef along with drinking whiskey, in English-language colleges in Bengal, became a method of fitting in into the British culture. Some Hindus, in the 1830s, consumed beef to show how they "derided irrational Hindu customs", according to Metcalf and Metcalf.[100]

The reverence for the cow played a role in the Indian Rebellion of 1857 against the British East India Company. Hindu and Muslim sepoys in the army of the East India Company came to believe that their paper cartridges, which held a measured amount of gunpowder, were greased with cow and pig fat. The consumption of swine is forbidden in Islam. Since loading the gun required biting off the end of the paper cartridge, they concluded that the British were forcing them to break edicts of their religion.[101] During Bahadur Shah Zafar's brief reign as emperor the killing of a cow was made a capital offence.[citation needed]

Historians argue that the symbol of the cow was used as a means of mobilizing Hindus.[102] In 1870, the Namdhari Sikhs started the Kukua Revolution, revolting against the British, and seeking to protect the cows from slaughter. A few years later, Swami Dayananda Saraswati called for the stoppage of cow slaughter by the British and suggested the formation of Go-samvardhani Sabhas.[103] In the 1870s, cow protection movements spread rapidly in Punjab, the North-West Frontier Province, Oudh (now Awadh) and Rohilkhand. The Arya Samaj had a tremendous role in skillfully converting this sentiment into a national movement.[102]

The first Gaurakshini sabha (cow protection society) was established in the Punjab in 1882.[104] The movement spread rapidly all over North India and to Bengal, Bombay, Madras presidencies and other central provinces. The organization rescued wandering cows and reclaimed them to groom them in places called gaushalas (cow refuges). Charitable networks developed all through North India to collect rice from individuals, pool the contributions, and re-sell them to fund the gaushalas. Signatures, up to 350,000 in some places, were collected to demand a ban on cow sacrifice.[105] Between 1880 and 1893, hundreds of gaushalas were opened.[103]

A pamphlet protesting cow slaughter, first created in 1893. A meat eater (mansahari) is shown as a demon with sword, with a man telling him "don't kill, cow is life-source for all". It was interpreted by Muslims in British Raj to be representing them.[106] Redrawn the Raja Ravi Varma (c. 1897).

Cow protection sentiment reached its peak in 1893. Large public meetings were held in Nagpur, Haridwar and Benares to denounce beef-eaters. Melodramas were conducted to display the plight of cows, and pamphlets were distributed, to create awareness among those who sacrificed and ate them. Riots broke out between Hindus and Muslims in Mau in the Azamgarh district; it took 3 days for the government to regain control. The rioting was precipitated by contradictory interpretations of a British local magistrate's order. He had apparently asked all the Muslims interested in cow slaughter to register, which undertaking was in fact performed to identify problem-prone areas. However, Muslims had interpreted this as a promise of protection for those who wanted to perform sacrifices.[107]

The series of violent incidences also resulted in a riot in Bombay involving the working classes, and unrest occurred in places as far away as Rangoon, Burma. An estimated thirty-one to forty-five communal riots broke out over six months and a total of 107 people were killed.[105][108]

Queen Victoria mentioned the cow protection movement in a letter, dated 8 December 1893, to then Viceroy Lansdowne, writing, "The Queen greatly admired the Viceroy's speech on the Cow-killing agitation. While she quite agrees in the necessity of perfect fairness, she thinks the Muhammadans do require more protection than Hindus, and they are decidedly by far the more loyal. Though the Muhammadan's cow-killing is made the pretext for the agitation, it is, in fact, directed against us, who kill far more cows for our army, &c., than the Muhammadans."[103]

Cow slaughter was opposed by some prominent leaders of the independence movement such as Mahatma Gandhi, Bal Gangadhar Tilak, Lala Lajpat Rai, Madan Mohan Malviya, Rajendra Prasad and Purushottam Das Tandon. They supported a ban on cattle slaughter once India gained its independence from the colonial British.[109]

Gandhi supported cow protection and opposed cow slaughter,[110][111] explaining the reverence for cow in March 1945.[112] Gandhi supported the leather industry, but stated that slaughter is unnecessary because the skin can be sourced from cattle after its natural death.[110]

Gandhi said, "I worship it [cow] and I shall defend its worship against the whole world," and that, "the cow is a poem of pity. One reads pity in the gentle animal. She is the mother to millions of Indian mankind. Protection of the cow means protection of the whole dumb creation of God."[110] Gandhi considered cow protection as integral to Hindu beliefs, and called "cow protection to me is one of the most wonderful phenomena in human evolution" and "cow protection is the gift of Hinduism to the world, that it is not Tilak or mantra or caste rules that judge Hindus, but "their ability to protect the cow".[110] According to Gandhi, cow protection means "protection of lives that are helpless and weak in the world". "I would not kill a human being for protection a cow", added Gandhi, and "I will not kill a cow for saving a human life, be it ever so precious".[110]

On July 25 1947, in a prayer meeting, Gandhi opposed laws that were derived from religion. He said, "In India no law can be made to ban cow-slaughter. I do not doubt that Hindus are forbidden the slaughter of cows. I have been long pledged to serve the cow but how can my religion also be the religion of the rest of the Indians? It will mean coercion against those Indians who are not Hindus."[113][114] According to Gandhi, Hindus should not demand cow slaughter laws based on their religious texts or sentiments, in the same way that Muslims should not demand laws based on Shariat (Quran, Hadith) in India or Pakistan.[114]

In 1940, one of the Special Committees of the Indian National Congress stated that slaughter of cow and its progeny must be totally prohibited. However, another Committee of the Congress opposed cow slaughter prohibition stating that the skin and leather of cow and its progeny, which is fresh by slaughter should be sold and exported to earn foreign exchange.[109]

In 1944, the British placed restrictions on cattle slaughter in India, on the grounds that the shortage of cattle was causing anxiety to the Government. The shortage itself was attributed to the increased demand for cattle for cultivation, transport, milk and other purposed. It was decided that, in respect of slaughter by the army authorities, working cattle, as well as, cattle fit for bearing offspring, should not be slaughtered. Accordingly, the slaughter of all cattle below 3 years of age, male cattle between 3 and 10 years, female cattle between 3 and 10 years of age, which are capable of producing milk, as well as all cows which are pregnant or in milk, was prohibited.[109]

There was a large increase in the number of cattle slaughtered in the years preceding Independence, according to statistics given by Pandit Thakur Dass, during the debate in the Constituent Assembly on 24 November 1948. The number of oxen killed in 1944 was 6,091,828, while in 1945, sixty five lakhs were slaughtered, an increase of more than 4 lakhs. He further stated that the population of oxen in the country decreased by 37 lakhs in 5 years from 1940 to 1945.[109] However, the figures are much lower according to the Dater Singh Committee Report which states that 2,791,828 and 3,167,496 oxen were slaughtered in 1944 and 1945 respectively.[115]

During the British Raj, there were several cases of communal riots caused by the slaughter of cows. A historical survey of some major communal riots, between 1717 and 1977, revealed that out of 167 incidents of rioting between Hindus and Muslims, that although in some cases the reasons for provocation of the riots was not given, 22 cases were attributable directly to cow slaughter.[116][117]

Post-Independence

The Central Government, in a letter dated 20 December 1950, directed the State Governments not to introduce total prohibition on cow-slaughter, stating, "Hides from slaughtered cattle are much superior to hides from the fallen cattle and fetch a higher price. In the absence of slaughter the best type of hide, which fetches good price in the export market will no longer be available. A total ban on slaughter is thus detrimental to the export trade and work against the interest of the Tanning industry in the country."[118]

India's first Prime Minister Jawaharlal Nehru was opposed to the ban on cow slaughter.[119] In 1955, senior Congress MP Seth Govind Das moved a bill in the Lok Sabha for a total ban on cow slaughter. When Nehru rejected it out of hand, Das said that a "large majority of the party" was in favour of the resolution. Whereupon Nehru retorted, "I would rather resign than accept this nonsensical demand". As a result of his threatening to resign, the bill was defeated in the House by 95 votes to 12.[120][121] According to Nehru, the issue of cow slaughter was 'unimportant and reactionary'.[122][123] When state governments ignored Nehru's objection and implemented a ban on cow slaughter, though Nehru respected it saying "this was the matter for the states to decide", he criticized it as "a wrong step".[124]

A gaushala in Guntur, Andhra Pradesh.

In 1966, Indian independence activist Jayaprakash Narayan wrote a letter to then Prime Minister Indira Gandhi calling for a ban on cow slaughter. Narayan wrote, "For myself, I cannot understand why, in a Hindu majority country like India, where rightly or wrongly, there is such a strong feeling about cow-slaughter, there cannot be a legal ban".[118] In the same year, the Hindu organisations started an agitation demanding a ban on the slaughter of cows. But Indira Gandhi did not accept to the demand.

In July 1995, the Government of India stated before the Supreme Court that, "It is obvious that the Central Government as a whole is encouraging scientific and sustainable development of livestock resources and their efficient utilization which inter-alia includes production of quality meat for export as well as for domestic market. This is being done with a view of increasing the national wealth as well as better returns to the farmer." In recent decades, the Government has started releasing grants and loans for setting up of modern slaughter houses.[118]

Contemporary issues

Hygiene

Poor hygiene and prevalence of meat-borne disease has been reported Indian in studies of cattle slaughter-houses. For example, in a 1976–1978 survey of 1100 slaughtered cattle in Kerala slaughter-houses, Prabhakaran and other scholars reported, "468 cases of echinococcosis and 19 cases of cysticercosis", the former affecting 365 livers and 340 lungs. The cattle liver was affected by disease in 79% of cattle and the lung in 73%.[125]

A 2001 study by Sumanth and other scholars on cattle slaughtered in Karnataka reported more than 60% of the carcasses were infected with schistosoma eggs and worms.[38] A 2007 report by Ravindran indicated over 50% of cattle slaughtered in Wayanad were infected.[37]

Dalits and castes

Some scholars state that the Hindu views on cattle slaughter and beef eating is caste-based, while other scholars disagree. Dalit Hindus eat beef state the former, while the latter state that the position of Dalit Hindus on cattle slaughter is ambiguous.[126][127]

Deryck Lodrick states, for example, “beef-eating is common among low caste Hindus", and vegetarianism is an upper caste phenomenon.[126] According to Simoons and Lodrick, the reverence for cattle among Hindus, and Indians in general, is more comprehensively understood by considering both the religious dimensions and the daily lives in rural India.[128] The veneration of cow across various Hindu castes, states Lodrick, emerged with the "fifteenth century revival of Vaishnavism", when god Krishna along with his cows became a popular object of bhakti (devotional worship).[129] In contrast, other scholars such as J. A. B. van Buitenen and Daniel Sheridan state that the theology and the most popular texts related to Krishna, such as the Bhagavad Gita was composed by about 2nd century BCE,[130] and the Bhagavata Purana was composed between 500 and 1000 CE.[131][132]

According to People's Union for Democratic Rights (PUDR), some Dalits work in leather which includes cow-skin and they rely on it for their livelihood. The position of Dalits to cow-protection is highly ambivalent, states PUDR, given their Hindu identity and the "endemic contradiction - between the 'Hindu' ethos of protecting the cow and a trade dependent fundamentally on the skin of cows".[133] The selling of old cattle for skin, according to them, is supported by members of both "dominant and subordinate castes" for the leather-related economy.[134] Dominant groups, officials and even some Dalits state that "Dalits are cow-protectors". The inclusion of Dalits in cow-protection ideology, according to PUDR, is accompanied by "avowal of loyalty to cow-protection" exposing the fragility of the cow-protection ideology across castes.[135]

Cow-cherishing, Krishna-worshipping rustic piety, state Susan Bayly and others, has been popular among agriculture-driven, cattle husbandry, farm laboring and merchant castes. These have typically been considered the low-castes in Hinduism.[136] According to Bayly, reverence for the cow is widely shared in India across castes. The traditional belief has also associated death or the dead with being unclean, polluting or defiling, such as those who handle corpse, carrion and animal remains.[136] However, the tradition differentiates between natural or accidental death, and intentional slaughter. According to Frederick J. Simoons, many members of low castes and tribal groups in India reject "cow slaughter and beef eating, some of them quite strongly", while others support beef eating and cattle slaughter.[7]

Some Dalit student associations in the Hyderabad region state that beef preparations, such as beef biriyani, is the traditional food of low-castes. Historical evidence does not support this claim, state Claude Levy-Straus and Brigitte Sebastia. Beef as the traditional food of impoverished Dalits is a reconstruction of history and Indian beef dishes are a Mughal era innovation and more recently invented tradition. It is the nineteenth century politics that has associated beef and cattle slaughter with Muslim and Dalit identity, states Sebastia.[137]

Economic imperative

According to Marvin Harris, the importance of cattle to Hindus and other religious groups is beyond religion, because the cattle has been and remains an important pillar of rural economy.[138] In the traditional economy, states Harris, a team of oxen is "Indian peasant's tractor, thresher and family car combined", and the cow is the factory that produces those oxen.[138][note 3] The cattle produce nutritious milk, their dung when dried serves as a major cooking fuel, and for the poor the cattle is an essential partner in many stages of agriculture. When cattle fall sick, the family worries over them like Westerners do over their pets or family members. A natural loss of a cattle from untimely death can cripple a poor family, and thus slaughtering a creature so useful and essential is unthinkable. According to Harris, India's unpredictable monsoons and famines over its history meant even greater importance of cattle, because Indian breeds of cattle can survive with little food and water for extended periods of time.[138]

The Indian religions adapted to the rural economic constraints. Preserving cattle by opposing slaughter has been and remains an economic necessity and an insurance for the impoverished.[138] The cow is sacred in India, states Harris, not because of superstitious, capricious and ignorant beliefs, but because of real economic imperatives and cattle's role in the Indian tradition of integrated living. Cattle became essential in India, just like dogs or cars became essential in other human cultures, states Harris.[138]

Vigilantism

Cow slaughter in India has triggered riots and violent vigilante groups.[139][140][141]

According to PUDR, the VHP, a Hindu group, and the Gauraksha Samiti have defended violent vigilantism around cow protection as sentiments against the "sin of cow-slaughter" and not related to "the social identity of the victims".[142] Various groups, such as the families of Dalits who were victims of a mob violence linked to cow-slaughter in 2002, did not question the legitimacy of cow protection.[143]

Legislation

Cow slaughter laws in various states of India. Green - Cows, Bulls and Bullocks are allowed to be slaughtered Yellow - Bulls and Bullocks are allowed Red - None of the above are allowed

The "Preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practice" is Entry 15 of the State List of the Seventh Schedule of the Constitution, meaning that State Legislatures have exclusive powers to legislate the prevention of slaughter and preservation of cattle.[144][145]

The prohibition of cow slaughter is also one of the Directive Principles of State Policy contained in Article 48 of the Constitution. It reads, "The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle."[146]

Several State Governments and Union Territories (UTs) have enacted cattle preservation laws in one form or the other. Arunachal Pradesh, Kerala, Meghalaya, Mizoram, Nagaland, Tripura and Lakshadweep have no legislation. All other states/UTs have enacted legislation to prevent the slaughter of cow and its progeny.[147] Kerala is a major consumer of beef and has no regulation on the slaughter of cow and its progeny. As a result, cattle is regularly smuggled into Kerala from the neighbouring States of Tamil Nadu, Karnataka and Andhra Pradesh, for the purpose of slaughter.[147] There have been several attacks on cow transporters, on the suspicion of carrying cows for slaughter.[148][149][150][151] Between May 2015 and May 2017, at least ten Muslims were killed in these attacks.[149]

In several cases, such as Mohd. Hanif Qureshi v. State of Bihar (AIR 1959 SCR 629), Hashumatullah v. State of Madhya Pradesh, Abdul Hakim and others v. State of Bihar (AIR 1961 SC 448) and Mohd. Faruk v. State of Madhya Pradesh, the Supreme Court has held that, "A total ban [on cattle slaughter] was not permissible if, under economic conditions, keeping useless bull or bullock be a burden on the society and therefore not in the public interest."[75]

In May 2016, Bombay High Court gave the judgement that consumption or possession of beef is legal under Article 21 of Constitution of India, but uphold the ban on cow slaughter in the state of Maharashtra.[152][153]

Non-uniformity

No state law explicitly bans the consumption of beef. There is a lack of uniformity among State laws governing cattle slaughter. The strictest laws are in Delhi, Gujarat, Maharashtra, Madhya Pradesh, Punjab, Rajasthan and Uttar Pradesh, where the slaughter of cow and its progeny, including bulls and bullocks of all ages, is completely banned. Most States prohibit the slaughter of cows of all ages. However, Assam and West Bengal permit the slaughter of cows of over the ages of 10 and 14 years, respectively. Most States prohibit the slaughter of calves, whether male or female. With the exception of Bihar and Rajasthan, where age of a calf is given as below 3 years, the other States have not defined the age of a calf. According to the National Commission on Cattle, the definition of a calf being followed in Maharashtra, by some executive instructions, was "below the age of 1 year".[154][155]

In Delhi, Goa, Puducherry, Punjab and Uttar Pradesh violation of State laws on cattle slaughter are both cognizable and non-bailable offences. Most of other States specify that offences would be cognizable only. The maximum term of imprisonment varies from 6 months to 14 years(life-term) and the fine from 1,000 to 5,00,000. Delhi and Madhya Pradesh have fixed a mandatory minimum term of imprisonment at 6 months.

Cows are routinely shipped to states with lower or no requirement for slaughter, even though it is illegal in most states to ship animals across state borders to be slaughtered.[156][157] Many illegal slaughterhouses operate in large cities such as Chennai and Mumbai. As of 2004, there were 3,600 legal and 30,000 illegal slaughterhouses in India.[158] Efforts to close them down have, so far, been largely unsuccessful. In 2013, Andhra Pradesh estimated that there were 3,100 illegal and 6 licensed slaughterhouses in the State.[159]

Legislative history

Constituent Assembly

After India attained Independence, the members of the Constituent Assembly, a body consisting of indirectly elected representatives set up for the purpose of drafting a constitution for India, debated the question of making a provision for the protection and preservation of the cow in the Constitution of India. An amendment for including a provision in the Directive Principles of State Policy as Article 38A was introduced by Pandit Thakur Dass Bhargava. The amendment read, "The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall in particular take steps for preserving and improving the breeds of cattle and prohibit the slaughter of cow and other useful cattle, specially milch and draught cattle and their young stock".[160]

Another amendment motion was moved by Seth Govind Das, who sought to extend the scope of the provisions for prohibiting slaughter to cover cow and its progeny by adding the following words at the end of Bhargava’s amendment, "'The word "cow' includes bulls, bullocks, young stock of genus cow". Bhargava's amendment was passed by the Constituent Assembly, but Das' was rejected.[160]

Pandit Thakur Dass Bhargava (East Punjab), Seth Govind Das (Central Provinces and Berar), Shibban Lal Saksena (United Provinces), Ram Sahai (United State of Gwalior-Indore-Malwa:MadhyaBharat), Raghu Vira (Central Provinces and Berar) and Raghunath Vinayak Dhulekar (United Provinces) strongly pleaded for the inclusion of a provision in the Constitution for prohibiting the slaughter of cows. Although some members were keen on including the provision in the chapter on Fundamental Rights but, later as a compromise and on the basis of an assurance given by Dr. B. R. Ambedkar, the amendment was moved for inclusion as a Directive Principle of State Policy.[160]

Bhargava stated that "While moving this amendment, I have no hesitation in stating that for people like me and those that do not agree with the point of view of Dr. Ambedkar and others, this entails, in a way, a sort of sacrifice. Seth Govind Das had sent one such amendment to be included in the Fundamental Rights and other members also had sent similar amendments. To my mind, it would have been much better if this could have been incorporated in the Fundamental Rights, but some of my Assembly friends differed and it is the desire of Dr. Ambedkar that this matter, instead of being included in Fundamental Rights should be incorporated in the Directive Principles. As a matter of fact, it is the agreed opinion of the Assembly that this problem should be solved in such a manner that the objective is gained without using any sort of coercion. I have purposely adopted this course, as to my mind, the amendment fulfills our object and is midway between the Directive Principles and the Fundamental Rights." Bhargava also observed that "I do not want that, due to its inclusion in the Fundamental Rights, non-Hindus should complain that they have been forced to accept a certain thing against their will." The end result of the debate in the Constituent Assembly was that the Bhargava's amendment was carried and the Article in its present form exists as Article 48 of the Constitution, as one of the Directive Principles of State Policy.[160]

Parliament

A number of Private Member’s Bills and Resolutions regarding the prevention of cow slaughter have been introduced in both Houses of Parliament, from time to time. However, none have been successful in obtaining a complete nationwide ban on cow slaughter. Attempts to address the issue through a central legislation or otherwise are described below.[161]

Vinoba Bhave went on an indefinite fast from 22 April 1979 demanding that the Governments of West Bengal and Kerala agree to enact legislation banning cow slaughter. On 12 April 1979, a Private Members Resolution was passed in the Lok Sabha, by 42 votes to 8, with 12 absentees. It read, "This House directs the Government to ensure total ban on the slaughter of cows of all ages and calves in consonance with the Directive Principles laid down in Article 48 of the Constitution as interpreted by the Supreme Court, as well as necessitated by strong economic considerations based on the recommendations of the Cattle Preservation and Development Committee and the reported fast by Acharya Vinoba Bhave from 21st April, 1979".[162]

Then Prime Minister Morarji Desai later announced in Parliament that the government would initiate action for amending the Constitution with a view to conferring legislative competence on the Union Parliament for legislating on the subject of cow protection. Accordingly, a Constitution Amendment Bill seeking to bring the subject of prevention of cow slaughter on to the Concurrent List was introduced in the Lok Sabha on 18 May 1979. The Bill, however, lapsed on account of dissolution of the Sixth Lok Sabha. Bhave reiterated his demand for a total ban on cow slaughter in July 1980, while addressing the All India Goseva Sammelan. He also requested that cows should not be taken from one State to another.[162]

In 1981, the question of amending the Constitution by introducing a Bill was again examined by the Government, but, in view of the sensitive nature of the issue and owing to political compulsions a "wait and watch" policy was adopted. A number of complaints were received from time to time that despite the ban on the slaughter of cow and its progeny, healthy bullocks were being slaughtered under one pretext or the other and calves were being maimed, so that they could be declared useless and ultimately slaughtered.[162]

Prime Minister Indira Gandhi, in her letter dated 24 February 1982 wrote to the Chief Ministers of 14 States viz. Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Karnataka, Madhya Pradesh, Maharashtra, Orissa, Punjab, Rajasthan, Uttar Pradesh, and Jammu and Kashmir, in which she desired that the ban be enforced in letter and spirit, that the ban on cow slaughter is not allowed to be circumvented by devious methods, and that Committees to inspect cattle before they are admitted to slaughter houses be adopted.[162]

Recognizing that the problem basically arose on account of inaction or obstruction on the part of a few States and large scale smuggling of cows and calves from a prohibition State to a non-prohibition State like Kerala was taking place, a suggestion was made that this problem be brought to the notice of the Sarkaria Commission, which was making recommendations regarding Centre-State relations, but this idea was dropped as the Commission was then in the final stages of report-writing.[162]

Legislation by State or Union Territory

Legislation by State or Union Territory[163]

State/UT Legal for slaughter Illegal for slaughter Penal provisions[note 4] Notes
Max. jail term Max. fine Bailable offence Cognizable offence
Andhra Pradesh Bulls and bullocks on obtaining "fit-for-slaughter" certificate, to be given only if the animal is not economical or is not likely to become economical for the purpose of breeding or draught/agricultural operations All cattle without a "fit-for-slaughter" certificate, and cows (includes heifer, or a calf, whether male or female of a cow) 6 months 1,000 Yes Yes
Arunachal Pradesh All cattle None Legal Legal N/A N/A No ban on cattle slaughter.
Assam All cattle on obtaining a "fit-for-slaughter" certificate, to be given if cattle is over 14 years of age or has become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease All cattle without a "fit-for-slaughter" certificate 6 months 1,000 Yes Yes
Bihar Bulls or bullocks of over 15 years of age or has become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease is permitted Cow and calf; and Bulls or bullocks, except as stated previously 6 months 1,000 Yes Yes Export of cows, calves, bulls and bullocks from Bihar, for any purpose, is banned.
Chhattisgarh Bulls and bullocks, provided the cattle is over 15 years or has become unfit for work or breeding Cows, calves of cows, bulls, bullocks and buffalo calves 3 years (max.)
6 months (min.)
5,000 (max.)
1,000 (min.)
Yes Yes Transport or export of cattle for slaughter not permitted. Export for any purpose to another State where cow slaughter is not banned by law is not permitted. The sale, purchase and/or disposal of cow and its progeny and possession of flesh of cattle is prohibited. Burden of proof lies with the accused.
Daman and Diu Cow (includes cow, heifer or calf), only if the animal is suffering pain or contagious disease or for medical research All cattle 2 years 1,000 No Yes Total prohibition on the sale of beef or beef products in any form.
Delhi Buffaloes Cows of all ages, calves of cows of all ages, and bulls and bullocks 5 years (max.)
6 months (min.)
10,000 (max.)
1,000 (min.)
No Yes Transport or export of cattle for slaughter is prohibited. Export for other purposes is permitted on declaration that cattle will not be slaughtered, however, export to a State where slaughter is not banned by law is not permitted. Burden of proof lies with the accused.
Goa Cow, only if the animal is suffering pain or contagious disease or for medical research Cows, except as stated previously 2 years 1,000 No Yes Goa has two laws regarding cattle slaughter concerning cows and other cattle respectively, and prescribes varying offences and penalies for contravening their provisions. The sale of beef obtained in contravention of these provisions is prohibited, but, sale of beef imported from other States is legal.
Bulls, bullocks, male calves and buffaloes of all ages on obtaining a "fit-for-slaughter" certificate, which is not given if the animal is likely to become economical for draught, breeding or milk (in the case of she-buffaloes) purposes All cattle without a "fit-for-slaughter" certificate 6 months 1,000 Yes Yes
Gujarat Buffaloes on certain conditions All other cattle Life-term of a 14 years (max.)

10 years (min.)

5,00,000 No Yes
Haryana None Cow (includes bull, bullock, ox, heifer or calf), and its progeny 3 years (minimum)10 years (Maximum) 1,00,000 No Yes The export of cattle for slaughter and the sale of beef are both prohibited. Burden of proof lies with the accused.
Himachal Pradesh None Cow (includes bull, bullock, ox, heifer or calf), and its progeny 2 years 1,000 No Yes The export of cattle for slaughter and the sale of beef are both prohibited. Burden of proof lies with the accused.
Jammu and Kashmir None Voluntary slaughter of all cattle 10 years 5 times the price of the animals slaughtered Yes No Possession of flesh of killed or slaughtered animals is also an offence punishable with imprisonment up to 1 year and fine up to 500.
Jharkhand Bulls or bullocks of over 15 years of age or has become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease is permitted Cow and calf; and Bulls or bullocks, except as stated previously 6 months 1,000 Yes Yes Export of cows, calves, bulls and bullocks from Jharkhand, for any purpose, is banned.
Karnataka Bulls, bullocks and adult buffaloes is permitted on obtaining a "fit-for-slaughter" certificate provided cattle is over 12 years of age or is permanently incapacitated for breeding, draught or milk due to injury, deformity or any other cause Cow, calf of a cow (male or female) or calf of a she-buffalo 6 months 1,000 Yes Yes Transport for slaughter to a place outside the State not permitted. Sale, purchase or disposal of a cow or a calf, for slaughter, is not permitted.
Kerala All cattle None Legal Legal N/A N/A Kerala permits the slaughter of every type of cattle. Slaughtering of animals is formally regulated by the government in order to maintain public health and sanitation and Panchayat laws permit slaughter only in approved slaughter houses. It has been ruled an obligation of panchayat to provide for meat stalls, including those that may sell beef.
Madhya Pradesh Bulls and bullocks, provided the cattle is over 15 years or has become unfit for work or breeding Cows, calves of cows, bulls, bullocks and buffalo calves 3 years (max.)
6 months (min.)
5,000 (max.)
1,000 (min.)
Yes Yes Transport or export of cattle for slaughter not permitted. Export for any purpose to another State where cow slaughter is not banned by law is not permitted. The sale, purchase and/or disposal of cow and its progeny and possession of flesh of cattle is prohibited. Burden of proof lies with the accused.
Maharashtra None All cattle 5 Years 10000 Yes Yes Burden of proof lies with the accused.
Manipur All cattle None Legal Legal N/A N/A No state legislation concerning the slaughter of cattle.
Meghalaya All cattle None Legal Legal N/A N/A No state legislation concerning the slaughter of cattle.
Mizoram All cattle None Legal Legal N/A N/A No ban on cattle slaughter.
Nagaland All cattle None Legal Legal N/A N/A No state legislation concerning the slaughter of cattle.
Odisha Bulls and bullocks, on obtaining a "fit-for-slaughter" certificate, provided that the cattle is over 14 years of age or has become permanently unfit for breeding or draught Cows (includes heifer or calf) 2 years 1,000 Yes Yes
Puducherry Bulls and bullocks is permitted, on obtaining a "fit-for-slaughter" certificate, provided that the cattle is over age of 15 years or has become permanently unfit for breeding or draught Cows (includes heifer or calf) 2 years 1,000 No Yes The sale and/or transport of beef is prohibited.
Punjab None Cow (includes bull, bullock, ox, heifer or calf), and its progeny 2 years 1,000 No Yes The export of cattle for slaughter and the sale of beef are both prohibited. Burden of proof lies with the accused.
Rajasthan None All bovine animals (includes cow, calf, heifer, bull or bullocks, camels) 2 years (max.)
1 year (min.)
10,000 No Yes Possession, sale and/or transport of beef and beef products; and the export of bovine animals for slaughter is prohibited. Custody of seized animals must be given, by law, to any recognized voluntary animal welfare agency failing which to any Goshala, Gosadan or a suitable person who volunteers to maintain the animal. Burden of proof lies with the accused.
Sikkim All cattle None Legal Legal N/A N/A No ban on cattle slaughter.
Tamil Nadu All cattle on obtaining "fit-for-slaughter" certificate All cattle without a "fit-for-slaughter" certificate 3 years 1,000 Yes No "Fit-for-slaughter" certificate is issued if an animal is over 10 years of age and is unfit for work and breeding or has become permanently incapacitated for work and breeding due to injury deformity or any incurable disease.
Telangana Bulls and bullocks on obtaining "fit-for-slaughter" certificate, to be given only if the animal is not economical or is not likely to become economical for the purpose of breeding or draught/agricultural operations All cattle without a "fit-for-slaughter" certificate, and cows (includes heifer, or a calf, whether male or female of a cow) 6 months 1,000 Yes Yes
Tripura All cattle None Legal Legal N/A N/A No ban on cattle slaughter.
Uttar Pradesh Buffaloes Cow (includes a heifer and calf) and its progeny 2 years 1,000 No Yes Transport of cow outside the State for slaughter is prohibited. The sale of beef is prohibited. The law defines "beef" as the flesh of cow and of such bull or bullock whose slaughter is prohibited under the Act, but does not include such flesh contained in sealed containers and imported into the State.
Uttarakhand Buffaloes Cow (includes a heifer and calf) and its progeny 2 years 1,000 No Yes Transport of cow outside the State for slaughter is prohibited. The sale of beef is prohibited. The law defines "beef" as the flesh of cow and of such bull or bullock whose slaughter is prohibited under the Act, but does not include such flesh contained in sealed containers and imported into the State.
West Bengal All cattle on obtaining a "fit-for-slaughter" certificate, only issued if the animal is over 14 years of age and unfit for work or breeding or has become permanently incapacitated for work and breeding due to age, injury, deformity, or any incurable disease All cattle without a "fit-for-slaughter" certificate 6 months 1,000 Yes Yes

Andhra Pradesh

The Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 governs the slaughter of cattle in the state. Slaughter of cows (includes heifer, or a calf, whether male or female of a cow) is prohibited. The law does not define the age of a "calf". Slaughter of bulls and bullocks is allowed on obtaining a "fit-for-slaughter" certificate, to be given only if the animal is not economical or is not likely to become economical for the purpose of breeding or draught/agricultural operations.

Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.[164]

Arunachal Pradesh

No ban on cattle slaughter. Beef is consumed widely in the state.[165]

Assam

The Assam Cattle Preservation Act, 1950 governs the slaughter of cattle in the state. Slaughter of all cattle, including bulls, bullocks, cows, calves, male and female buffaloes and buffalo calves is prohibited. Slaughter of all is cattle is allowed on obtaining a "fit-for-slaughter" certificate, to be given if cattle is over 15 years of age or has become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease.

Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.[164]

Bihar

The Bihar Preservation and Improvement of Animals Act, 1955 governs the slaughter of cattle in the state. Slaughter of cow and calf is totally prohibited. Slaughter of bulls or bullocks of over 15 years of age or permanently incapacitated for work or breeding due to injury, deformity or any incurable disease is permitted. The law also bans the export of cows, calves, bulls and bullocks from Bihar, for any purpose. The law defines a bull as "an uncastrated male of above 3 years", a bullock as "castrated male of above 3 years", a calf as "male or female below 3 years" and a cow as "female above 3 years".

Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.[164]

Chhattisgarh

The Madhya Pradesh Agricultural Cattle Preservation Act, 1959 governs the slaughter of cattle in the state. Slaughter of cows, calves of cows, bulls, bullocks and buffalo calves is prohibited. However, bulls and bullocks are being slaughtered in the light of a Supreme Court judgement, provided the cattle is over 20[166] years or has become unfit for work or breeding. Transport or export of cattle for slaughter not permitted. Export for any purpose to another State where cow slaughter is not banned by law is not permitted. The sale, purchase and/or disposal of cow and its progeny and possession of flesh of cattle is prohibited.

Anyone violating the law can be punished with imprisonment up to a maximum of 3 years and fine of 5,000 or both. Normally imprisonment shall not be less than 6 months and fine not less than 1,000. The law places the burden of proof on the accused. The crime is treated as a cognizable offence.[164]

Daman and Diu

The Goa, Daman & Diu Prevention of Cow Slaughter Act, 1978 governs the slaughter of cattle in Daman and Diu. There is a total ban on slaughter of cow (includes cow, heifer or calf), except when the cow is suffering pain or contagious disease or for medical research. The law does not define the age of a "calf". There is also a total prohibition on the sale of beef or beef products in any form in the union territory.

Anyone violating the law can be punished with imprisonment up to 2 years or fine up to 1,000 or both. The crime is treated as a cognizable and non-bailable offence.[164]

Delhi

The Delhi Agricultural Cattle Preservation Act, 1994 governs the slaughter of cattle in the state. Slaughter of all agricultural cattle is totally prohibited. The law defines "agricultural cattle" as cows of all ages, calves of cows of all ages, and bulls and bullocks.[164] The slaughter of buffaloes is legal. The possession of the flesh of agricultural cattle slaughtered outside Delhi is also prohibited.[167] The transport or export of cattle for slaughter is also prohibited. Export for other purposes is permitted on declaration that cattle will not be slaughtered. However, export to a State where slaughter is not banned by law will not be permitted.[164]

Anyone violating the law can be punished with imprisonment up to 5 years and fine up to 10,000, provided that minimum imprisonment should not be for less than 6 months and fine not less than 1,000. The law places the burden of proof on the accused. The crime is treated as a cognizable and non-bailable offence.[164]

Goa

The Goa, Daman & Diu Prevention of Cow Slaughter Act, 1978 and The Goa Animal Preservation Act, 1995 govern the slaughter of cattle in the state. Under the 1978 Act, which also applies to Daman and Diu, there is a total ban on slaughter of cow (includes cow, heifer or calf), except when the cow is suffering pain or contagious disease or for medical research. The law does not define the age of a "calf". Anyone violating the law can be punished with imprisonment up to 2 years or fine up to 1,000 or both. The crime is treated as a cognizable and non-bailable offence.This act though, has not been necessarily implemented.[168]

The Goa Animal Preservation Act, 1995 applies to bulls, bullocks, male calves and buffaloes of all ages. All the animals can be slaughtered on obtaining a "fit-for-slaughter" certificate which is not given if the animal is likely to become economical for draught, breeding or milk (in the case of she-buffaloes) purposes. The sale of beef obtained in contravention of the above provisions is prohibited. However, sale of beef imported from other States is legal. Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.[164]

Gujarat

The Gujarat Animal Preservation Act (GAPA) 1954 governs the slaughter of cattle in the state. Slaughter of cows, calves of cows, bulls and bullocks is totally prohibited. Slaughter of buffaloes is permitted on certain conditions. Anyone violating the law could be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.[164]

The Gujarat Animal Preservation (Amendment) Bill 2011 was passed unopposed in the Legislative Assembly, with support from the main opposition party, on 27 September 2011. The amendment, which came into effect in October 2011, criminalized transporting the animal for the purpose of slaughter and included a provision to confiscate the vehicle used for carrying cow meat. It also increased the maximum jail term for slaughtering cattle to 7 years and maximum fine to 50,000.[169][170][171]

In 2017, the Gujarat Assembly amended the bill further extending the punishment and fine. The punishment was increased to a minimum of 10 years and a maximum of 'life term of a 14 years', and the fine was enhanced to the range of Rs 1 lakh - Rs 5 lakh. The new law also made offences under the amended Act non-bailable.[172][173][174][175]

Haryana

Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 applies to Haryana.[176] Earlier, "The Punjab Prohibition of Cow Slaughter Act, 1955" was the law governing the slaughter of cattle in Haryana has the same provisions as that in Punjab and Himachal Pradesh. However, Haryana has stricter penalties for violating the law than the other 2 states, even prior to 2015 Act.

Slaughter of cow (includes bull, bullock, ox, heifer or calf), and its progeny, is "totally prohibited". The export of cattle for slaughter and the sale of beef are both prohibited.[164] This "does not include flesh of cow contained in sealed containers and imported", meaning that restaurants in the states can serve beef, if they can prove its meat has been imported into the state. The law also excuses the killing of cows "by accident or in self defence".[167] Consumption of beef is not penalized.[165] Anyone violating the law can be punished with rigorous imprisonment up to 10 years or fine up to 1,00,000 or both. The law places the burden of proof on the accused. The crime is treated as a cognizable and non-bailable offence.[164][176]

Himachal Pradesh

The Punjab Prohibition of Cow Slaughter Act, 1955 applies to Haryana, Himachal Pradesh and Punjab. Therefore, the law governing the slaughter of cattle in Himachal Pradesh is the same as that in Punjab and Haryana. However, Himachal and Punjab have lighter penalties for violating the law than Haryana.

Slaughter of cow (includes bull, bullock, ox, heifer or calf), and its progeny, is totally prohibited. The export of cattle for slaughter and the sale of beef are both prohibited. Anyone violating the law can be punished with imprisonment up to a maximum of 2 years or fine up to 1,000 or both. The law places the burden of proof on the accused. The crime is treated as a cognizable and non-bailable offence.[164]

Jammu and Kashmir

The Ranbir Penal Code, 1932 governs the slaughter of cattle in Jammu and Kashmir. Voluntary slaughter of any bovine animal such as ox, bull, cow or calf shall be punished with imprisonment of either description which may extend to 10 years and shall also be liable to fine. The fine may extend to 5 times the price of the animals slaughtered as determined by the court. Possession of the flesh of slaughtered animals is also an offence punishable with imprisonment up to 1 year and fine up to 500.[164]

Jharkhand

The Bihar Preservation and Improvement of Animals Act, 1955 governs the slaughter of cattle in the state. Slaughter of cow and calf is totally prohibited. Slaughter of bulls or bullocks of over 15 years of age or permanently incapacitated for work or breeding due to injury, deformity or any incurable disease is permitted. The law also bans the export of cows, calves, bulls and bullocks from Jharkhand for any purpose. The law defines a bull as "an uncastrated male of above 3 years", a bullock as "castrated male of above 3 years", a calf as "male or female below 3 years" and a cow as "female above 3 years".

Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.[164]

Karnataka

The Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 governs the slaughter of cattle in the state. Slaughter of cow, calf of a cow (male or female) or calf of a she-buffalo totally prohibited. Slaughter of bulls, bullocks and adult buffaloes is permitted on obtaining a "fit-for-slaughter" certificate provided cattle is over 12 years of age or is permanently incapacitated for breeding, draught or milk due to injury, deformity or any other cause. Transport for slaughter to a place outside the State not permitted. Sale, purchase or disposal of a cow or a calf, for slaughter, is not permitted.

Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.[164]

Kerala

Kerala permits the slaughter of every type of cattle. Slaughtering of animals is formally regulated by the government in order to maintain public health and sanitation. Panchayat laws permit slaughter only in approved slaughter houses.[177] Unlike most other Indian states, beef is eaten by a large section of people in Kerala[178](80% of the population of Kerala regularly eat beef)[179] and is regarded as a staple food, often part of a Kerala porotta meal.[180] Beef accounts for 40% of all meat consumed in Kerala.[181] Also there is enough anecdotal evidence to suggest that more Hindus could be eating beef regularly than Christians and Muslims put together.[178] Beef is sold at meat shops while cattle is traded at weekly markets across the state.[182] Further, it has been ruled an obligation of panchayat to provide for meat stalls, including those that may sell beef.[183]

Madhya Pradesh

The Madhya Pradesh Agricultural Cattle Preservation Act, 1959 governs the slaughter of cattle in the state. Slaughter of cows, calves of cows, bulls, bullocks and buffalo calves is prohibited. However, bulls and bullocks are being slaughtered in the light of a Supreme Court judgement, provided the cattle is over 20[166] years or has become unfit for work or breeding. Transport or export of cattle for slaughter not permitted. Export for any purpose to another State where cow slaughter is not banned by law is not permitted. The sale, purchase and/or disposal of cow and its progeny and possession of flesh of cattle is prohibited.

Anyone violating the law can be punished with imprisonment up to a maximum of 3 years and fine of 5,000 or both. Normally imprisonment shall not be less than 6 months and fine not less than 1,000. The law places the burden of proof on the accused. The crime is treated as a cognizable offence.[164]

Maharashtra

The Maharashtra Animal Preservation Act, 1976 governs the slaughter of cattle in the state. Slaughter of cows (includes a heifer or male or female calf of a cow) is totally prohibited.[184] Slaughter of bulls, bullocks and buffaloes is allowed on obtaining a "fit-for-slaughter certificate", if it is not likely to become economical for draught, breeding or milk (in the case of she-buffaloes) purposes.

Anyone violating the law can be punished with imprisonment up to an maximum of 6 months and fine of up to 1,000. The law places the burden of proof on the accused. The crime is treated as a cognizable offence.[164] Maharashtra cow slaughter ban was later extended to ban the sale and export of beef, with a punishment of 5 years jail, and/or a 10,000 fine for possession or sale.[185][186] This law came into effect from 2 March 2015.[187]

Manipur

In Manipur, cattle slaughter is restricted under a proclamation by the Maharaja in the Durbar Resolution of 1939. The proclamation states, "According to Hindu religion the killing of cow is a sinful act. It is also against Manipur Custom. I cannot allowed such things to be committed in my State. So if any one is seen killing a cow in the State he should be prosecuted."[164] However, beef is largely consumed in the hill districts with large Christian populations and sold openly in cities like Churachandpur.[182]

Meghalaya

No restrictions on cattle slaughter.[164] Beef is consumed widely[165] and openly sold in cities like Shillong.[182]

Mizoram

No ban on cattle slaughter. Beef is consumed widely in the state.[165]

Nagaland

No restrictions on cattle slaughter.[164] Beef is consumed widely[165] and openly sold in cities like Dimapur.[182]

Odisha

The Orissa Prevention of Cow Slaughter Act, 1960 governs the slaughter of cattle in the state. Slaughter of cows (includes heifer or calf) is totally prohibited. Slaughter of bulls and bullocks is permitted, on obtaining a "fit-for-slaughter" certificate, provided that the cattle is over 14 years of age or has become permanently unfit for breeding or draught.

Anyone violating the law can be punished with imprisonment up to a maximum of 2 years or fine up to 1,000 or both. The crime is treated as a cognizable offence.[164]

Puducherry

The Pondicherry Prevention of Cow Slaughter Act, 1968 governs the slaughter of cattle in Puducherry. Slaughter of cows (includes heifer or calf) is totally prohibited. Slaughter of bulls and bullocks is permitted, on obtaining a "fit-for-slaughter" certificate, provided that the cattle is over age of 15 years or has become permanently unfit for breeding or draught. The sale and/or transport of beef is prohibited.

Anyone violating the law can be punished with imprisonment up to a maximum of 2 years or fine up to 1,000 or both. The crime is treated as a cognizable and non-bailable offence.[164]

Punjab

The Punjab Prohibition of Cow Slaughter Act, 1955 applies to Haryana, Himachal Pradesh and Punjab. Therefore, the law governing the slaughter of cattle in Punjab has the same provisions as that in Himachal Pradesh. However, Punjab and Himachal have lighter penalties for violating the law than Haryana.

Slaughter of cow (includes bull, bullock, ox, heifer or calf), and its progeny, is totally prohibited. The export of cattle for slaughter and the sale of beef are both prohibited.[164] This "does not include flesh of cow contained in sealed containers and imported", meaning that restaurants in the states can serve beef, if they can prove its meat has been imported into the state. The law also excuses the killing of cows "by accident or in self defence".[167] Consumption is not penalized.[165] Anyone violating the law can be punished with imprisonment up to a maximum of 2 years or fine up to 1,000 or both. The law places the burden of proof on the accused. The crime is treated as a cognizable and non-bailable offence.[164]

Rajasthan

The Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 governs the slaughter of cattle in the state. Slaughter of all bovine animals (includes cow, calf, heifer, bull or bullocks) is prohibited. Possession, sale and/or transport of beef and beef products is prohibited. The export of bovine animals for slaughter is prohibited. The law requires custody of seized animals to be given to any recognized voluntary animal welfare agency failing which to any Goshala, Gosadan or a suitable person who volunteers to maintain the animal. Government of Rajasthan has also introduced a Bill (Bill No. 16/2015) to ban migration out of State and slaughter of Camels in the State. Refer bill at http://rajassembly.nic.in/BillsPdf/Bill16-2015.pdf

Anyone violating the law can be punished with rigorous imprisonment of not less than 1 year and up to a maximum of 2 years and fine up to 10,000. The law places the burden of proof on the accused.[164]

Sikkim

No ban on cattle slaughter. Beef is consumed widely in the state.[165]

Tamil Nadu

The Tamil Nadu Animal Preservation Act, 1958 governs the slaughter of cattle in the state. All animals could be slaughtered on obtaining "fit-for-slaughter" certificate. The law defined "animals" as bulls, bullocks, cows, calves; and buffaloes of all ages. The certificate was issued if an animal was over 10 years of age and was unfit for work and breeding or had become permanently incapacitated for work and breeding due to injury deformity or any incurable disease. Anyone violating the Act can be punished with imprisonment of up to 3 years or fine up to 1,000 or both.[164]

Telangana

The Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 governs the slaughter of cattle in Telangana. Slaughter of cows (includes heifer, or a calf, whether male or female of a cow) is prohibited. The law does not define the age of a "calf". Slaughter of bulls and bullocks is allowed on obtaining a "fit-for-slaughter" certificate, to be given only if the animal is not economical or is not likely to become economical for the purpose of breeding or draught/agricultural operations.

Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to 1,000 or both. The crime is treated as a cognizable offence.[164]

Tripura

There exists, at the moment, no ban on cattle slaughter. The consumption of beef, however, has been historically rather limited due to religious and cultural reasons given that the erstwhile State of Tripura used to be under the rule of the Hindu Manikya Kings during the British Raj and emerged as an overwhelmingly Hindu-majority state through the doldrums of the partition.

Uttar Pradesh

The Uttar Pradesh Prevention of Cow Slaughter Act, 1955 governs the slaughter of cattle in the state. Slaughter of cow (includes a heifer and calf) is totally prohibited. Transport of cow outside the State for slaughter is not permitted. The sale of beef is prohibited. The law defines "beef" as the flesh of cow and of such bull or bullock whose slaughter is prohibited under the Act, but does not include such flesh contained in sealed containers and imported into Uttar Pradesh. Anyone violating the Act can be punished with rigorous imprisonment of up to 2 years or fine up to 1,000 or both. The crime is treated as a cognizable and non-bailable offence.[164]

The Act permitted the slaughter of bull or bullock on obtaining a "fit-for-slaughter" certificate provided it was over the age of 15 years or had become permanently unfit for breeding, draught and any agricultural operations.[164] However, the Government of Uttar Pradesh issued an ordinance in 2001, prohibiting the slaughter of cow and its progeny.[147] On June 6, 2017, Uttar Pradesh's Chief Minister Yogi Adityanath directed the State police to take action against cow slaughter and cattle smuggling under the National Security Act and the Gangster Act.[188]

Uttarakhand

The Uttar Pradesh Prevention of Cow Slaughter Act, 1955 governs the slaughter of cattle in the state. Slaughter of cow (includes a heifer and calf) is totally prohibited. Transport of cow outside the State for slaughter is not permitted. The sale of beef is prohibited. The law defines "beef" as the flesh of cow and of such bull or bullock whose slaughter is prohibited under the Act, but does not include such flesh contained in sealed containers and imported into Uttarakhand. Anyone violating the Act can be punished with rigorous imprisonment of up to 2 years or fine up to 1,000 or both. The crime is treated as a cognizable and non-bailable offence.[164]

West Bengal

The West Bengal Animal Slaughter Act, 1950 governs the slaughter of cattle in the state. Slaughter of all animals is permitted on obtaining a "fit-for-slaughter" certificate. The law defines "animals" as bulls, bullocks, cows, calves and buffaloes of all types/ages. The certificate is only issued if the animal is over 14 years of age and unfit for work or breeding or has become permanently incapacitated for work and breeding due to age, injury, deformity, or any incurable disease. Anyone violating the law can be punished with rigorous imprisonment of up to a maximum of 6 months or fine up to 1,000 or both. The crime is treated as a cognizable offence.[164]

There is no ban on the consumption of beef or slaughter if carried out in government or municipal slaughterhouses after a certificate from a veterinarian. The Animal Slaughter Control Act exempts slaughter for religious purposes, however the Supreme Court has stated that such exclusions are illegal.[165]

Recommendations of various Committees/Commissions on cow slaughter

The Government set up various Committees and Expert Groups to look into the question of a ban on cow slaughter as well as related aspects concerning development and preservation of the cattle wealth of the country. Some of the more important Committees / Commissions are discussed below.[189]

Cattle Preservation and Development Committee (1947-48)

The Cattle Preservation and Development Committee was appointed by the Ministry of Agriculture in November 1947 to consider the question of banning slaughter of cattle in all its aspects and to recommend a comprehensive plan of action for preserving the cattle wealth of the country and for promoting its development.[115] The Committee, under the Chairmanship of Sardar Bahadur Datar Singh, was constituted by a Government Resolution, dated 19 November 1947. The introductory part of the Resolution read, "It has been brought to the notice of the Government of India that large numbers of cattle are annually slaughtered in this country for meat, that this slaughter is often indiscriminate, that it includes animals of all ages and qualities and that the slaughter results in short supplies of milk and work bullocks and in the depletion of the country’s cattle wealth. There has been considerable agitation in the press, on the platform and on the floor of the Legislature in regard to this matter, and Government has been urged to take immediate steps to prohibit slaughter by legislation. As this is a complicated socio-religious subject the Government of India have after careful consideration decided to appoint an Export Committee of officials and non-officials to consider the question in all its aspects and to recommend a comprehensive plan of action which can be put into immediate effect for preserving the cattle wealth of the country and for promoting its development." The Government asked the Committee to pay "particular attention" to the following while considering the subject:[154]

  • The cause and the extent of periodical variation in the population of each class of cattle and the effect of such variation on the supply of milk and bullock power.
  • Detailed examination of the available statistics of slaughter, proportion of useful animals therein and an estimate of the material loss caused thereby.
  • Population trend of old and unproductive cattle and the problem of their maintenance and economic utilization in view both of shortage of cattle feed and of prevailing sentiments against slaughter.
  • How agencies like Gaushalas and Cattle Protection Societies and Salvage Centres can be utilized for preserving cattle wealth and for promoting its development.
  • Review of existing regulations regarding restrictions on cattle slaughter and of the administrative arrangements for the enforcement of the regulations.[154]

The final recommendation of the Datar Singh Committee read, "This Committee is of the opinion that slaughter of cattle is not desirable in India under any circumstances whatsoever, and that its prohibition shall be enforced by law. The prosperity of India to a very large extent depends on her cattle and the soul of the country can feel satisfied only if cattle slaughter is banned completely and simultaneous steps are taken to improve the cattle, which are in a deplorable condition at present." The Committee suggested that, the first stage, which should be given effect to immediately, should cover the total prohibition of slaughter of all useful cattle other than animals over 14 years of age and unfit for work and breeding, and animals of any age permanently unable to work or breed owing to age, injury or deformity. The committee also suggested that unlicensed and unauthorized slaughter of cattle should be immediately prohibited and made a cognizable offence under law. In the second stage, the Committee envisaged that slaughter of cattle should be prohibited totally. The Committee also made suggestions for arrangements for maintenance and care of serviceable and unproductive cattle and for development of feed and fodder etc.[154] It recommended conducting a survey of the country to find out the areas where Go-sadans may be established and all details with regard to expenditure, etc., should be worked out and arrangements made; as well as enacting necessary legislation for the raising of funds for the utilisation in the improvement of Gaushalas and Go-sadans.

While summing up general discussions, the Chairman observed that there was a large degree of unanimity in that the whole committee wanted cattle slaughter to be stopped completely. Majority of the members were of the view that prevention of slaughter should be enforced by legislation, while the minority was of the view that no legislative action should be resorted to. They held that the urge for stopping slaughter should come from within and that it would come when people were convinced of the economics of the whole matter.[189]

The recommendation regarding the first stage towards a total ban on slaughter of cattle was taken up by several Indian states and within a few years, laws were enacted in several States banning the slaughter of all cattle below the age of 14.[115]

Uttar Pradesh Committee (1948) and Nanda Committee (1954)

A Committee was constituted in Uttar Pradesh in 1948, which included prominent persons from all communities, including the Nawab of Chattari, and UP High Court Justice Maharaj Singh. This Committee supported the recommendations of the Sardar Datar Singh Committee. Despite this, when in 1955, the U.P. Cow Slaughter Prohibition Act was enacted, an exception was made to allow the stocking and sale of beef, etc. in closed containers at airports and railway stations. In 1954, another Expert Committee was set up under the Chairmanship of the then Animal Husbandry Commissioner P.N. Nanda, to consider, inter alia, what steps should be taken to prevent the killing of milch cows, even when they had gone temporarily dry. In its report, submitted in January 1955, the Committee stated that a total ban on slaughter of cattle would be undesirable, in view of the shortage of dry and green fodder, and concentrates. The Committee reasoned that, as India had little fodder and cattle feed, it could only maintain 40% of its cattle and, therefore, the remaining 60% should be culled.[115]

Expert Committee on the Prevention of Slaughter of Milch Cattle in India (1954-55)

An expert committee was set up by Government Resolution dated 10 June 1954, under the Chairmanship of then Animal Husbandry Commissioner P.N.Nanda, to consider what steps should be taken to prevent the killing of milch cows particularly in the cities of Calcutta and Bombay even when they had gone temporarily dry; to make the present law on the subject more effective so as to put an end to such evil practices as phooka; to explore the possibility of making milk powder in suitable centers; and to impose some effective control on the inter-state movement of cattle.[189]

The Committee, in its report submitted in January 1955 found that the root cause of slaughter of milch cattle was the unnatural conditions under which animals were kept for milk production in urban areas. The sale of dry animals for slaughter became under these conditions an economic necessity. The only way in which the abuse could be permanently prevented was to follow the methods found most suitable by other countries, namely the removal of cattle from the cities and the arrangements of milk supplies from rural areas. By doing this, not only would the slaughter of prime milch cattle and all the accompanying evils be stopped for ever, but there would be large development of cattle and dairy industries of the country. The Committee felt that measures like legislative ban on slaughter and cruelty or salvage of animals which have already been mishandled and misused in city stable, will only be treating the symptoms and not curing the disease.[189]

Gosamvardhan Seminar (1960)

The problems of salvage from cities and towns of milch stock when they go dry and their calves and ways and means for preserving good-quality cattle in the breeding areas were discussed at the Gosamwardhana Seminar at Mount Abu in June 1960. The Seminar, organized by the Central Council of Gosamwardhana, felt that the problem of preservation of cattle in breeding areas was linked with the system of milk supply to the big cities and therefore the only solution was to remove the milch cattle from cities and town to rural areas. As an interim measure, the good quality animals should be salvaged. The Committee suggested that the provisions of the Prevention of Cruelty to Animals Act should be rigidly enforced so that the health of animals was maintained. Dry-stock farms, operated by private enterprises should be tried out, for maintaining animals when they are dry. Railway freight should be subsidized for movement of the animals.[189]

Special Committee on Preserving High-yielding Cattle (1961-62)

Programmes for implementing the recommendations of the Nanda Committee and the Gosamwardhan Seminars were taken up by the States concerned under the Five Year Plans but the scope of the programmes was limited. Meanwhile, the exodus of the superior types of milch cattle from the breeding areas continued in an accelerated manner, in view of the larger demand for milk in urban areas. Alarmed at this situation, the Central Council for Gosamvardhans set up a special high-powered committee for suggesting comprehensive proposals on long-term and short-term measures for solving the problem. Vide its memorandum dated 29 September 1961, the Council constituted the Special Committee on Preserving High-yielding Cattle under the Chairmanship of Shriman Narayan, Member (Agriculture), Planning Commission. The Committee was asked to examine in detail, the various measures necessary for preserving high-yielding cattle in the breeding tracts, control on the import of milch cattle into city stables, salvage of dry cows and young stock in the cities and suggest a comprehensive programme for implementing the recommendations.[189]

In its report, submitted in July 1962, the Committee made several recommendations for preservation of high-yielding cattle in their breeding tracts. Some of the major recommendations are paraphrased below:

  • In order to prevent the depletion of stock of good quality cattle form breeding tracts through unrestricted removal of a large number of high-yielding milch cattle to areas outside the States, the States concerned should undertake legislation for the registration of milch cattle and for controlling their removal outside the State, keeping in view the problem as a whole affecting the various States.
  • With a view to coordinating and controlling the large-scale movement of milch cattle from the breeding tracts, the Ministry of Food and Agriculture should examine the need for a comprehensive Central Legislation for the preservation of cattle and development of dairying.
  • Implementation of various cattle development schemes should be concentrated in the breeding areas and around dairy projects in the Third Five Year Plans of States like Punjab, Uttar Pradesh, Bihar and Gujarat.
  • The various schemes drawn up by the States for the preservation and improvement of cattle should receive a high priority and necessary funds for their implementation be allocated in the annual Plans of the States.
  • To control import, maintenance and movement of milch animals in Bombay, licensing of all cattle within the city should be made compulsory. Similarly, Rules should be formulated for import and export of milch animals by various State Governments in consultation with one another and permits should be compulsory for movement of animals to cattle owners who salvage dry animals satisfactorily and adopt improved animal husbandry practices.
  • The West Bengal Animal Slaughter Control Act should be enforced more rigidly and the Act should be suitably amended so as to provide for the prohibition of import and sale of contraband beef in the city. The Act should be extended to other Municipal areas also and, wherever possible, non-officials should be associated in its enforcement.[189]

See also

Notes

  1. ^ The protection of cattle and prevention of cattle slaughter is not limited to Buddhists in India, but found in other Theravada countries such as Sri Lanka, Myanmar and others.[68][69]
  2. ^ A wealthy banker, gold merchant and Jain devotee Shantidas Jhaveri complained to Shah Jahan, who asked his son Aurangzeb to return the building.[90] Later Aurangzeb overthrew his father from his throne, placed him into house arrest and assumed the power as the Emperor.[92]
  3. ^ In rice-growing regions, buffalo is important because buffalo pull better in water-filled muddy soils.[138]
  4. ^ The maximum jail term and maximum fine columns list the maximum possible punishment specified by law. They should be read together as, "Imprisonment up to a maximum of <Max. jail term> or fine of up to <Max. fine> or both"

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Further reading

  • Marvin Harris. Good to Eat: Riddles of Food and Culture. Waveland Press.
  • Michael Charles Tobias. World War III: Population and the Biosphere at the End of the Millennium. Bear & Co., 1994, Second Edition, Continuum.