New Delhi, October 26
In a major victory for the BJP Government in Gujarat, propogating a total ban on cow slaughter, a seven-judge Constitution Bench of the
Supreme Court in a majority decision today upheld the State’s 1994 law prohibiting slaughter of cows and their progeny, the bulls and bullocks.
In a six-to-one majority, the Bench, headed by Chief Justice R.C. Lahoti said the amendment of 1994 in the Bombay (Animal Preservation) Act, 1954 providing for a total ban on cow slaughter was constitutionally valid.
With this order, the apex court set aside the Gujarat High Court’s 1998 judgement, holding the provisions of the amended act as “ultra vires” of the Constitution.
Section 5 (1)(A) inserted by the
amendment in the 1954 Act, imposed complete ban on slaughter of cows, bulls and bullocks within the territory of Gujarat.
Though the amendment was passed when the Congress Government was in power in the state, BJP Government, which had been propogating the ban, had challenged the High Court order
Besides the Chief
Justice, he other five judges giving the majority verdict, included Mr Justice B.N. Agarwal, Mr Justice Arun Kumar, Mr Justice G.P. Mathur, Mr Justice C.K. Thakker and Mr Justice P.K. Balasubramniyan.
Mr Justice A K Mathur was the lone judge to have a dissenting opinion. The High Court had said that the ban on the slaughter of bulls and bullocks above the age of 16 years could not be justified, he said.
The verdict is considered significant as it overruled the three earlier judgements of the five-judge Constitution Bench which had struck down the total ban and in view of similar demands being raised by Sangh Parivar outfits in various other states.
It was because of this reason, the case was referred to a seven-judge Constitution Bench.
The notification of the state government for complete ban as per the amended law, was challenged in the High Court by certain butchers of Mirzapur Moti Kureshi Kassab.
Various state governments had passed similar laws since independence but the difference being that they had not banned slaughter of bulls and bullocks.
The Gujarat Government had defended the ban on the ground that the provision in the law was made in larger public interest and to promote the Directive Principles of state policy enshrined in the Constitution, which categorically stated people should show compassion to animals.
