Many people proclaim that it is the infringement of their fundamental right to religion if a state proceeds to ban cow slaughter. This issue comes to limelight now and then and people from both sides further their arguments as to why this action by the state is justified or why it is not. This issue is not at all new although many have this perception that this trend started with the current BJP govt. in power.
Here is a case: Mohd. Hanif Quareshi and Others Vs. State of Bihar, AIR 1958, SC 731.
A writ petition under Article 32 was filed questioning the validity of three legislative enactments banning the slaughter of certain animals passed by the States of Bihar, Uttar Pradesh and Madhya Pradesh respectively. One of the submissions raised by the petitioner was that banning of slaughter of cows infringes fundamental right of petitioner to sacrifice the cow on BakraId.
Supreme Court Observations:
"What then, we inquire, are the materials placed before us to substantiate the claim that the sacrifice of a cow is enjoined or
sanctioned by Islam? The materials before us are extremely meagre and it is surprising that on a matter of this description the allegations in the petition should be so vague. In the Bihar Petition No. 58 of 1956 are set out the following bald allegations: That the petitioners further respectfully submit that the said impugned section also violates the fundamental rights of the petitioners guaranteed tinder Article 25 of the Constitution in-as-much as on the occasion of their Bakr Id Day, it is the religious practice of the petitioners' community to sacrifice a cow on the said occasion.
We have, however, no material on the record before us which will enable us to say, in the face of the foregoing facts, that the sacrifice of a cow on that day is an obligatory overt act for a Mussalman to exhibit his religious belief and idea. In the premises, it is not possible for us to uphold this claim of the petitioners.”
Here is a case: Mohd. Hanif Quareshi and Others Vs. State of Bihar, AIR 1958, SC 731.
A writ petition under Article 32 was filed questioning the validity of three legislative enactments banning the slaughter of certain animals passed by the States of Bihar, Uttar Pradesh and Madhya Pradesh respectively. One of the submissions raised by the petitioner was that banning of slaughter of cows infringes fundamental right of petitioner to sacrifice the cow on BakraId.
Supreme Court Observations:
"What then, we inquire, are the materials placed before us to substantiate the claim that the sacrifice of a cow is enjoined or
sanctioned by Islam? The materials before us are extremely meagre and it is surprising that on a matter of this description the allegations in the petition should be so vague. In the Bihar Petition No. 58 of 1956 are set out the following bald allegations: That the petitioners further respectfully submit that the said impugned section also violates the fundamental rights of the petitioners guaranteed tinder Article 25 of the Constitution in-as-much as on the occasion of their Bakr Id Day, it is the religious practice of the petitioners' community to sacrifice a cow on the said occasion.
We have, however, no material on the record before us which will enable us to say, in the face of the foregoing facts, that the sacrifice of a cow on that day is an obligatory overt act for a Mussalman to exhibit his religious belief and idea. In the premises, it is not possible for us to uphold this claim of the petitioners.”
Clearly, the case highlights that the state is within its right to ban the practice of cow slaughter and it does not infringe anyone's fundamental right to practice religion. Besides, livestock falls under state subject under the head- "Preservation, protection and improvement of stock and prevention of animal diseases" Therefore, cow slaughter is banned in some states and not in many. It's the choice of a particular state. If you are not happy with the current legal status, ask your state to change it. However, it's clearly not a matter of infringement of fundamental right of any person, be they of any religion.
PS: I am not aware of any judgement which has overturned this. Would be happy to know if any counter judgement exists.
PS: I am not aware of any judgement which has overturned this. Would be happy to know if any counter judgement exists.
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