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09 May 2022 Assam Cattle Protection (Amendment) Act, 2021

Posted at 16:51h in Daily current-affairs by khyati khare 0 Comments

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A recent cow protection law (Assam Cattle Protection (Amendment) Act, 2021) which was enacted by Assam a year ago has created an acute beef crisis in Meghalaya.
It is important to note that the north-eastern states like Arunachal Pradesh, Meghalaya, Mizoram and Nagaland do not have any such law governing the slaughter of cattle.

This act prohibits the slaughter of cows.
It allows the slaughter of other cattle (bulls, bulls and buffaloes) if the cattle are more than 14 years of age or have become permanently disabled due to injury or deformity. The Hindu Analysis
It also prohibits inter-state and inter-state transport of cattle and sale of beef, except in permitted places.
The concerned authority can inspect and confiscate cattle and vehicles used for offenses under the Act.
On conviction, the seized cattle and vehicles will be handed over to the state government.

The Act unreasonably limits the transport of cattle in the North-Eastern region of India due to restrictions on transport through Assam.
The Act prohibits animal transport from Assam to states where animal slaughter is not regulated.
It may be difficult for the accused to pay the cost of maintenance of the confiscated cattle during the trial.
The ban on the places where beef can be sold may actually be similar and much broader than the ban on the sale of beef across the state.

The Directive Principles of State Policy under the Constitution (Article 48) provide that the State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines, shall take steps to improve the breeds and the slaughter of cows, calves and other milch animals. Will ban and prepare animal draft.
In this sequence, more than 20 states have passed laws limiting the slaughter of cattle (cows, bulls and bulls) and buffaloes to different levels.

The extent of prohibition under these state laws over time has been guided by Supreme Court decisions.
Earlier laws of states like Madhya Pradesh (1949), Bihar (1955) and Uttar Pradesh (1955) had completely banned the slaughter of cattle.
Examining these three laws in the year 1958, the Supreme Court held that the complete ban on the slaughter of cattle violates the fundamental right of the butcher to practice his trade or profession.
It was recognized that while a complete ban on the slaughter of cows was constitutionally valid, the ban on the slaughter of bulls, bulls and buffaloes could be limited only to a certain extent, or based on their usefulness (milk, for breeding). The Hindu Analysis
In 1994, Gujarat passed an amended law to ban the slaughter of bulls and bulls of all ages.
In 2005, a seven-judge Constitutional Bench of the Supreme Court upheld the complete ban on the slaughter of bulls and bullocks under the Gujarat Amendment Act, contrary to the earlier judgments of the courts.
In recent years, states such as Chhattisgarh (2004), Madhya Pradesh (2004), Maharashtra (2015), Haryana (2015) and Karnataka (2021) have also banned the slaughter of bulls and bullocks of all ages.