INTRODUCTION
The Directive Principles of State Policy (DPSP) is a set of guidelines for the government of India to ensure the welfare of the people. One of the provisions in the DPSP is the prohibition of cow slaughter. However, the Indian Constitution also gives citizens the right to profess any profession or occupation. The debate on whether this prohibition infringes on the rights of citizens has been ongoing for years. In this Blog, we will delve deeper into this issue, its historical context, and its implications. In India, the ban on cow slaughter has been a contentious issue, with conflicts arising between the constitutional right to profess any profession and the Directive Principles of State Policy (DPSP) prohibiting cow slaughter. As a result, individuals have been convicted and punished for violating the cow slaughter ban in various cases.
THE DILEMMA
The DPSP provision that forbids cow slaughter is enshrined in Article 48 of the Indian Constitution. This article states, “The state shall take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.” This provision aims to protect cows, considered sacred by many people, and promote their breeding for agricultural purposes.
On the other hand, the Constitution of India guarantees its citizens the right to practice any profession, trade, or business under Article 19(1) (g). This provision enables citizens to choose their profession without hindrance from the government or any other external force. The right to choose a profession is a fundamental right protected by the Indian Constitution.
The conflict between the DPSP provision and the fundamental right to choose a profession has been the subject of numerous debates and legal battles. Many argue that the ban on cow slaughter restricts the freedom to choose a profession and is, therefore, unconstitutional. They argue that the government cannot ban a profession or occupation, even for a noble cause, as it is a fundamental right of the citizens.
On the other hand, supporters of the ban argue that cow slaughter is not a profession but an act against the cultural and religious beliefs of many of the Indian population. They claim that the government has to protect the religious sentiments of the people and prevent any act that may hurt their sentiments.
This issue has been the subject of several legal battles, with courts giving different opinions. In 2005, the Supreme Court of India upheld the ban on cow slaughter, stating that it is a reasonable restriction on the right to carry on a trade or business. The court held that the ban was necessary to protect the religious and cultural sentiments of the people. However, in a recent judgment in 2020, the Supreme Court clarified that the ban on cow slaughter does not violate the fundamental right to carry on a trade or business. The court held that the right to carry on a trade or business is not absolute and is subject to reasonable restrictions, such as those imposed to protect the health and morals of the people.
The debate on the ban on cow slaughter is not just a legal issue but also a socio-cultural one. India is a country of diverse cultures and religions, and cows hold an important place in the cultural and religious beliefs of many Indians. The ban on cow slaughter is not just about protecting cows but also about respecting the cultural and religious sentiments of a large section of the Indian population.
CASE LAWS
One such case is the State of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat. In 1998, the Gujarat High Court convicted the accused for violating the Gujarat Animal Preservation Act by slaughtering cows. The accused argued that they were butchers by profession and had the right to do their occupation under Article 19(1) (g) of the Indian Constitution. However, the court held that the DPSP of the Indian Constitution that prohibits cow slaughter takes precedence over the right to carry out a profession. The court upheld the conviction and sentenced the accused to imprisonment.
Similarly, in the case of the State of Haryana vs Rajmal and another, the accused was convicted for slaughtering a cow. The accused argued that he was a butcher by profession and had the right to carry out his occupation under Article 19(1) (g) of the Indian Constitution. However, the court held that the DPSP of the Indian Constitution that prohibits cow slaughter takes precedence over the right to carry out a profession. The court upheld the conviction and sentenced the accused to imprisonment.
In several cases, individuals have been convicted and punished for violating the cow slaughter ban in India. The courts have held that the DPSP of the Indian Constitution that prohibits cow slaughter takes precedence over the right to carry out a profession under the statute mentioned above of the Indian Constitution. The conflict between the constitutional right to profess any profession and the DPSP prohibiting cow slaughter remains a contentious issue in India.
CONCLUSION
While some, the ban on cow slaughter in India, as provided for in the DPSP, has been controversial for years. While the Indian Constitution guarantees the right to choose a profession, the ban on cow slaughter is seen by many as a necessary step to protect the religious and cultural beliefs of the people. The conflict between the two provisions is a complex issue requiring a balanced approach. It is a debate that is likely to continue for years to come.
Author’s Name: Aditya Sharan (Symbiosis Law School, Noida)
