Madhya Pradesh's law banning cow slaughter is discriminatory and arbitrary

Economic & Political Weekly, 14 January 2012

Editorial

Strange Notion of Communal Harmony: Madhya Pradesh's law banning cow slaughter is discriminatory and arbitrary

The Madhya Pradesh (MP) government has put forward a strange reason for amending the Gau-Vansh Vadh Pratishedh (Sanshodhan) Act or cow slaughter law to introduce far more stringent provisions than the earlier Prohibition of Cow Slaughter Act 2004. It believes that this is in the interest of communal harmony in the state. The amended Act provides for harsh punishment and grants the police extremely arbitrary powers. It essentially criminalises the eating habits of millions of citizens, especially Muslims, Christians, dalits, and a large number of Hindus too. The punishment now for cow (and calf) slaughter will carry a minimum of one year and maximum seven years' imprisonment along with a fine of Rs 5,000. Even storing or transporting beef will now be punishable with a minimum term of six months, which can be extended up to three years. The most contentious provision in the law is that a "competent authority" has been empowered to "enter and inspect any premises" where he has "reason to believe that an offence under this Act has been, is being, or is likely to be committed", and take necessary action. More importantly, the onus is on the accused to prove his or her innocence. Given the way the police and the legal system function, such a provision is more than likely to be abused as it allows scope for wide interpretation. Add to this the fact that the present MP government has a history of targeting the state' s religious minorities, one can see that far from helping communal harmony, the law is likely to inflame passions.

But it is not just from the point of view of minority rights that this Act seems discriminatory. Those protesting against Karnataka's Prevention of Slaughter and Preservation of Cattle Bill, 2010 (which also has stringent provisions) have pointed out how it is anti-farmer and anti-poor. Farmers, including those who do not eat beef themselves, usually sell old cows to the butcher in order to buy new cattle stock. This not only provides meat to many families who find beef an affordable source of protein but also services the indigenous leather industry that supports a large workforce. In fact, dalit organisations in Karnataka (where there is also a BJP government) have been in the forefront of the protest against this bill becoming law. They have consistently pointed out that in the face of rising food prices, banning cow slaughter and thus beef would be akin to violating the fundamental rights of the dalits. The Karnataka Bill also goes further than the earlier law by prohibiting the slaughter of she-buffaloes, their calves, bulls and male and female buffaloes. On the other hand, the existing Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 stipulates conditions for killing calves (including those of female buffaloes) and cows. Only buffaloes, bulls and bullocks that are 12 years old or more, or not fit for breeding or milking, are permitted to be slaughtered under the 1964 law.

In the long and ever simmering debate on cow slaughter and beef eating, the lines have always been drawn between the religious minorities, dalits and lower caste Hindus on one side and the (mostly, though not always) upper caste Hindus on the other. History has been repeatedly roped in to prove either side's contention. Historians like R S Sharma and D N Jha have thrown the weight of their research in support of those who say that beef eating was routine in the Vedic period. It was the later and growing nod to caste consciousness that termed meat eating, particularly beef eating, as unclean.

States like Gujarat, Karnataka, Jharkhand and Himachal Pradesh already have laws against cow slaughter, while Orissa and Andhra Pradesh permit the killing of cattle other than cows if the animals are not fit for any other purpose. There are minimal restrictions in other states and none in West Bengal and Kerala. While the right wing and Hindutva parties make no bones about their assertion that a total ban on cow slaughter is their aim, the Congress too has time and again played the cow protection card especially in the north. Yet in Karnataka, the non-BJP opposition has come out strongly against the new bill on cow slaughter even though this is an issue that most political parties prefer to shy away from. Above all, what the changes in the law in BJP-ruled states like MP and Karnataka bring out is the BJP governments' lack of concern for anyone who does not endorse the party's set of beliefs. By criminalising people's choice in something as personal as what they choose to eat, these governments are demonstrating their total lack of respect for diversity and their cavalier disregard of rights guaranteed to everyone, including the minorities, in a democratic system such as the one that prevails in India.

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