Why Punjab & Haryana High Court Said Cow Slaughter Strikes At The ‘Core Of Constitutional Morality’?

Punjab and Haryana High Court has denied anticipatory bail to Aasif, an accused in a cow slaughter case in Nuh, noting that repeated cow slaughter is not only a legal offense but also an “affront to the cultural texture and constitutional values of the nation.”

Justice Sandeep Moudgil, rejecting the plea under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, termed Aasif a “habitual offender” who had abused earlier judicial indulgence. “The offence committed presently, other than its legal connotations, is imbued with emotional as well as cultural undertones, considering the special place that the cow enjoys in Indian society,” said the court.

At Police Station Sadar Nuh, an FIR (No. 111) was filed on April 3 following police interception of a Tata Intra vehicle on the Nuh-Tawadu Road. Based on a tip-off, police discovered two starving and parched cows stuffed in the cabin, as well as a knife and an axe. Although two accused, Tasleem and Aman, were arrested, Aasif is said to have escaped by leaping off the vehicle. The court emphasized that cows are not only considered devout animals but also a vital part of India’s agrarian economy. Addressing Article 51A(g) of the Constitution, the Bench emphasized that it is the responsibility of every citizen to remain compassionate towards animals.

States in India Have Prohibited Cow Slaughter

In addition to the above states that regulate or prohibit cow slaughter, currently 20 out of 28 states of India have enacted laws regulating or banning cow slaughter. But these laws vary from state to state. While some states prohibit the slaughter of cows and beef consumption altogether, others permit the killing of bulls, buffaloes, and cattle if certain conditions are met, such as procuring a “fit-for-slaughter” certificate based on age, sex, and economic suitability of the animal. The state legislatures have exclusive powers of legislation relating to cattle slaughter and conservation.

What is the history of Cow Protection Laws in India?

The controversy on cow protection began even in the Constituent Assembly deliberations during Independence. There were many members who insisted on a constitutional provision for the protection of cows. 

This necessitated the inclusion of a provision in the Directive Principles of State Policy (DPSP). Article 48 of the Constitution directs the State 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 shall prohibit slaughter of cows and other useful cattle.” 

All the states have legislated along this mandate over the years, leading to considerable diversity of cattle protection laws in India. Cattle protection has great cultural and religious basis, but is also equally linked to the economic value of cattle in India’s agricultural society.

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