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The Delhi High Court has issued notice on a plea that sought "total prohibition" on slaughter of cows, old bulls, bullocks and buffaloes, alleging that the same violates Article 48 of the Constitution.
A division bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice to the Centre, through the Ministry of Home Affairs, seeking reply on the petition and listed the matter for further hearing on March 15.
The plea has been filed by one Brishbhan Verma, represented through Prashant Shukla, who submitted that,
“The prohibition on slaughter of cows must be extended to bulls and bullocks as these animals continue to provide dung and urine that can be used by farmers as manure and fertiliser even if they cannot assist in agricultural work and breeding after a certain age.”
The plea sought direction to the government for total prohibition on slaughter of cow and its progeny which includes old-useless bulls, bullocks and buffaloes.
The plea stated that, the existing cow slaughter ban discriminates between male and female animals. If there is prohibition on slaughter of any person, then male and female both are prohibited.
“Like when there is prohibition on lion then lioness is also prohibited. There is prohibition on peacock, then peahen will also be prohibited. But the order is clearly about slaughter of old-useless bulls, bullocks and old buffaloes,” the plea said.
The petitioner has contended that Article 48 has been incorrectly interpreted, where prohibition of killing/ slaughtering of any animals and their progeny excludes the male counterpart. He further, stated that such actions adversely impact the economic growth of the Indian agricultural sector.
It was further averred that cow and its original species are on the verge of banishment as it can be devised that cow breeds from 1947 to 1991 turned from 70 Crore to few lacks maximum 1 crore.
"It means that almost 97% of cow breeds are either slaughtered or vanished. Now if we considerably look only 3% of cow breeds are alive presently and if no concreate steps are taken then there will not remain a single species of cow," it was contended in the plea.
The petitioner has relied on Mohammed Hanif Quareshi v. State of Bihar AIR 1958 SC 731 to the extent where the Court had held that the following were reasonable and valid.
[Case Title: Brishbhan Verma v. Union of India & Anr.]
[Law –Article 48 of the Constitution of India is one of the Directive Principles which directs the state to make efforts for banning animal slaughtering of cows and calves and other milch and draught cattle. It further states to organise agriculture and animal husbandry on modern and scientific lines.]
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