It has been asked by a learned facebook friend whether there is law against the slaughter of cows or not. It is to inform you that no special law has been passed yet to prohibit the slaughter of cows and other milch and draught cattles.
But there are some provisions which may help you to file cases against those who are involved in slaughter and selling of cows and press Govt to pass a special act.
Article 48 of the Constitution of India directs the Govt that the state shall endeavour to prohibit the slaughter of cows,calves and other milch and draught cattles.So,Central Govt can easily be pressed to enact a legislation to prohibit the slaughter of cow,calves and other milch and draught cattles.
As per the constitution,if the law is made,then not only against the slaughter of cows and calves but also against the slaughter of other milch and draught cattles should be taken into account. So,it is baseless to demand only for the prohibition of slaughter of cows.It is rational to demand for the prohibition of slaughter of all milch and draught cattles,not only cows.
There is controversial provision in the THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 to prohibit the killing and selling of animals.Under section 11(1)(l) of the said act,"if any person mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections, in the heart or in any other unnecessarily cruel
manner is said to commit cruelty against animals."
Further,it is provided under section 11(3)(e) of the said act that " nothing in this section shall apply to the commission or omission of any act in the course of the destruction or the
preparation for destruction of any animal as food for mankind unless such
destruction or preparation was accompanied by the infliction of unnecessary
pain or suffering."
So,it is clear that killing animals for the purpose of making food is not an offence unless if in course of killing,an animal has to suffer unnecessary pain or an animal is killed in unnecessarily cruel manner.
How it can be find out that an animal suffered unnecessary pain in course of killing or an animal is killed in unnecessarily cruel manner? However,slaughter of cows are done in such a cruel manner in the "Butcher Khana",so this section can be applied.But in most of the cases it is difficult to find out whether unnecessary cruelty was done in the course of killing or not.
Section 11(1)(k) of the said act provides that if any person offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other illtreatment,is said to commit cruelty against animals.
It means,if any person sells healthy animal,then it is not cruelty.What a great Joke!
Under section 11,the following para is written for Punishment:-
"He shall be punishable in the case of a first offence, with fine which shall not be less
than ten rupees but which may extend to fifty rupees and in the case of a
second or subsequent offence committed within three years of the previous
offence, with fine which shall not be less than twenty-five rupees but which
may extend, to one hundred rupees or with imprisonment for a term which
may extend, to three months, or with both."
It is also a great joke that the very less punishment is provided.
It is surprising to see that under section 13 of the said act,it is directed to destroy such animals against whom cruelty has been committed by its owner or any other person.Chaining Up dogs,not providing food to animals,confining animals in bars or cages,beating and kicking aninals,using animals as carrier brutaly,administering animals with injurious drugs etc,etc are also under the definition of cruelty,for which punishment is provided under section 11.How such animals can be destroyed,only due to the such problems faced by animals?So,this provision is the greatest joke.
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