Madhya Pradesh 7 year Jail for Cow Progeny slaughter cow’s progeny like bulls and bullocks
Soon Appeal will be filed in Court against this law
Madhya Pradesh -
Cow Progeny Slaughter Prevention (Amendment) Bill was passed in the
State assembly in 2010.
Now President Pratibha Patil has granted her assent to the long-pending Madhya Pradesh Cow Progeny Slaughter Prevention (Amendment) Bill.
The state government had forwarded the amendment bill on September 3, 2010 to the union home ministry for Presidential assent.
The assent was received on December 22, 2011. The amended Act was published in the extraordinary gazette of Madhya Pradesh on December 31, 2011.
As per new law the accused in cow slaughter case would get maximum punishment of seven years in jail instead of three years and a minimum fine of Rs 5,000.
According to a government release, the amended Act provides that
1. no person shall slaughter or cause to be slaughtered or offer slaughter any cow progeny by any means
2. no person including transporter shall transport or offer for transport or cause to be transported any cow progeny himself or by his agent, servant or by any other person acting on his behalf within the state or outside the state for the purpose of its slaughter
3. any police officer not below the rank of head constable or any person authorized in this behalf by competent authority shall have the power of entry, inspection, search and seizure and to present the case in the court
Meaning of Cow Progeny –
Cow Progeny means bulls and bullocks.
Progeny means a descendant or the descendants of a person, animal, or plant; offspring
The issue of Cow protection forms part of the Entry No. 15 in List II – State List under Schedule VII of the Constitution of India, which is titled as, “Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice”.
The other relevant provision is Article 48 of the Constitution under the Chapter of Directive Principles of State Policy, which states as follows:
“The State shall endeavour to organize 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”.
Directive Principles of State Policy, which are not enforceable, enactment of necessary legislation by the States also, cannot be enforced as Directive Principles are not justiciable.
The matter is in state list so centre has not made any law regarding this exception is cruelty to animals
As per my reading and information Syria, Tripoli, Saudi Arabia and Turkey are the countries in which there is prohibition of slaughter of cows.
Akbar, Jehjangir, Ahmed Shah, Nawab Hyder Ali of Mysore, these are the names of some of the Muslim/Mughal emperors who prohibited the cows slaughter during their reign in the territories where they ruled.
As now the law got the permission from President it will be now challenged in the Court by the persons whose business will suffer now.
Mohd. Hanif Qureshi vs. State of Bihar (AIR 1958 SC 731)
judgment of the Supreme Court hold that a butcher has got a fundamental right of his trade or business of slaughter of uneconomic or disabled bulls or bullocks
In this case five Judges’ Bench Judgment, the Court held that a total ban of the slaughter of bulls and bullocks who have ceased to remain draught animal puts unreasonable restriction on a citizens’ fundamental right to carry on his trade and business.
Because of this Judgment that there is no total ban on the slaughter of cow’s progeny, called bulls and bullocks. Whenever, such a ban is put by a State enactment, the Courts strike it down
Case 2 –
Ashutosh Lahiri and others vs. State of West Bengal (AIR 1995 SC 464)
Case History –
The West Bengal Animal Slaughter Control Act, 1950 permitted slaughter of cows on Bakri-Id day for religious purposes under Section 12 of the Act.
This was challenged before the Calcutta High court in the year 1971 and the Calcutta High Court ruled in August, 1982 that this provision was ultravires the Constitution.
The State of West Bengal and various Muslim organizations / individuals went in appeal to the Supreme Court and obtained a stay on 9th September, 1983.
Thus, slaughter of thousands of healthy and young cows continued on Bakri-Id day every year.
The appeal (State of West Bengal v. Ashutosh Lahiri) came up for hearing in the Supreme Court due to concerted efforts by Akhil Bharat Krishi Goseva Sangh in the year 1994 and the Supreme Court finally struck down the provision, holding that sacrifice of cows as a religious necessity for Bakri-Id, could not be proved.
This case has settled, once and for all, that cow slaughter for religious purposes cannot be permitted.
This case also highlights the irreparable loss arising from delays in judicial process because what was desired to be rectified in the year 1971 was ultimately rectified in the year 1994 and for long 23 years, the destruction of lakhs of young, healthy female cows
Now again we need to amend the above laws and see that fundamental rights of everyone are protected and healthy cows and her kids that is healthy bulls are not slaughtered or killed
Government should start a certificate system for this slaughter of cows and bulls and they should be taxed heavily which will discourage the slaughter and people who eat such type of foods will find it very costly and they will slowly reduce the consumption.
Government should never ban anything but government should see that automatically it gets reduced.
Ban is not the solution for anything more you Ban it more the people will do it and desire it.
Reality views by sm –
Tuesday, January 03, 2012
Tags – Cow Slaughter Ban Progeny MP
