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TMI Blog1996 (5) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Jabalpur in the State of Madhya Pradesh, which has a meat market where the meat is sold under a licence granted by the Corporation. It is alleged that the appellant s family is engaged in the butcher s trade for the past several generations and this vocation is the only source of livelihood of the family. 4. Prior to the passing of the amending Act, Sub-section (1) of Section 4 of the M.P. Agricultural Cattle Preservation Act, 1959 prohibited slaughter of certain types of agricultural cattle. This provision was as under : 4. PROHIBITION OF SLAUGHTER OF AGRICULTURAL CATTLE (1) Notwithstanding anything contained in any other law for the time being in force or in any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered or offer or cause to be offered for slaughter : (i) cows, calves of cows, calves of she buffalo or; (ii) any other agricultural cattle unless he has obtained in respect of such cattle a certificate in writing issued by the competent Authority for the area in which the cattle is to be slaughtered, that the cattle is fit for slaughter. By the Amending Act a new Sub-section (1) of Section 4 of the Principal Act was ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of these useless animals put a pressure on the scant food and fodder available in the State but such animals will also become a menace to the standing crop as these useless animals are not cared for by the owners and allowed to stray. The appellant sought to give facts and figures in an effort to show that the absolute ban on the slaughter of bulls and bullocks was neither in the public interest nor was it a reasonable restriction on the fundamental right of the appellant guaranteed under Article 19(1)(g) of the Constitution of India. 8. The respondents sought to justify the validity of the Amending Act by referring to its statement of objects and reasons and contending that the bulls and bullocks ought not be slaughtered. The aforesaid objects and reasons were as follows : The economy of the State of Madhya Pradesh is still predominantly agricultural. In the Agricultural section, use of animals for milch, draught, breeding or agricultural purposes preponderates. It has, therefore, become necessary to emphasis preservation and protection of agricultural animals by dealing more stringently with slaughter of cattle than before. Viewed in this perspective, the amendment pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocks were useful animals and the ban on the slaughter was in consonance with social interest. It also observed that it was the courts duty to give harmonious construction to the directive principles and duties vis-a-vis the fundamental rights and Article 51-A(g) imposed the duty on every citizen to have compassion for living creature and, therefore, applying the rule of harmonious construction the Amending Act of 1991 fell within the ambit of Article 19(6) of the Constitution. The High Court accordingly upheld the validity of the Amending Act. 10. The main thrust of the argument on behalf of the appellant in this appeal is that the Amending Act is yet another attempt by the State of Madhya Pradesh to impose a total ban on the slaughter of bulls and bullocks notwithstanding the fact that similar attempts, made earlier, had failed. Relying upon the above mentioned decisions of this Court, it was contended by Mr. G.L. Sanghi, learned Senior Counsel for the appellant, that the point in issue, namely, whether there could be an absolute ban on the slaughter of bulls and bullocks, stood concluded in favour of the appellant by a series of judgments of this Court and, therefore, the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court held that : (1) total ban on the slaughter of cows of all ages and calves of cows and of she buffaloes, male and female, was quite reasonable and valid; (ii) that a total ban on the slaughter of she buffaloes or breeding bulls or working bullocks cattle as well as buffaloes , as long as they were capable of being used as milch or draught cattle, was also reasonable and valid; (iii) that a total ban on the slaughter of she buffaloes, bulls and bullocks cattle or buffalo after they ceased to be capable of yielding milk or of breeding or working as draught animals was not in the interest of the general public and was invalid. In coming to the conclusion that ban on the slaughter of bulls and bullocks after they had become useless, was not valid this Court in Mohd. Hanif Quarishi s case (supra) at page 684 observed as follows : The country is in short supply of milch cattle, breeding bulls and working bullocks. If the nation is to maintain itself in health and nourishment and get adequate food, our cattle must be improved. In order to achieve this objective our cattle population fit for breeding and work must be properly fed and what ever cattle food is now at our dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set by the economic disadvantage of feeding and maintaining unserviceable cattle. The Court took note of the fact that in some of books it was stated that cows and bullocks may live upto 20 or 25 years, but it was observed that the question before us is not the maximum age upto which bulls and bullocks and buffalo may live in rare cases. The question before us is what is their average longevity , at what age they become useless, on this question we think that the opinion is almost unanimous, and the opinion which the Deputy Minister expresses was not wrong . 14. The third attempt to circumvent the judgment in Mohd. Hanif Quareshi s case which had the effect of imposing a complete ban on the slaughter of bulls and bullocks within the Jabalpur Municipality was made in the year 1967. Under the bye-laws of the Jabalpur Municipality a licence had to be obtained for the slaughter of bulls and bullocks. Section 257(3) of the Madhya Pradesh Municipal Corporation Act, 1956, prohibited the slaughter of animals in places outside the premises fixed by the Municipality. Under a notification issued in 1948 bye-laws were promulgated which permitted bulls and bullocks to be slaughtered in prem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court in Mohd. Hanif s case, Abdul Hakim s case and Mohd. Faruk s case (supra) have held that total ban on slaughter of bulls and bullocks is ultra vires the Constitution. The submissions which have now been made and seem to have found favour with the High Court, with reference to the usefulness and merits of cattle dung and the part which it plays in the rural economy, has been dealt with at length by this Court in Mohd. Hanif s case (supra). The right of the butchers to practice their trade has been upheld in these decisions and because there is a short supply of milch cattle, total ban on their slaughter was upheld as being a reasonable restriction in the interest of general public. But it was held in no uncertain terms that a total ban on the slaughter of useless cattle, which involves a wasteful drain on the nation s cattle fodder, which itself was in short supply and which would deprive the useful cattle of much needed nourishment, could not be justified as being in the interest of general public. 17. Though some literature was placed on record and was sought to be relied upon by the counsel for the respondent in an effort to show that, with the passage of time, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Ors. v. State of Gujarat MANU/SC/0080/1986 : [1986]2SCR719 that the prescribed age of 16 years could be said to be a reasonable restriction on the rights of the appellants therein to carry on their trade and profession as mentioned in Article 19(1)(g) of the Constitution. In reaching this conclusion it was observed at page 18 that the description of the age of 16 years could be said to be reasonable, looking to the balance which has to be struck between public interest, which requires useful animals to be preserved and permitting the different appellants before us to any on their trade and profession (Emphasis added).this Court, therefore, in Haji Usmanbhai s case (supra) once again reiterated the principle of striking a balance between the right of the butchers and the public interest. 18. The High Court has referred to and relied upon a number of articles and books written by different persons in coming to the conclusion that bulls and bullocks are useful animals, even if they become old, and their slaughter should be banned. Dr. Singhvi has also sought to rely on some of such documents. The appellants does not admit that the material relied upon by the High Court presents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... insignificant and unsupportable the ground for bringing the legislation was. The main thrust of the objects and reasons for the legislation seems to be that even animals which have ceased to be capable of yielding milk or breeding or working as draught animals can be useful as they would produce dung which could be used to generate non-conventional sources of energy like bio-gas without so much as being aware of the cost of maintaining such animals for the mere purpose of dung. Even the supportive articles relied upon do not bear on this point. It is obvious that successive attempts are being made in the hope that some day it will succeed as indeed it did with the High Court which got carried away by research papers published only two or three years before without realising that they dealt with the aspect of utility of dung but had nothing to do with the question of the utility of animals which have ceased to be reproductive or capable of being used as draught animals. Besides, they do not even reflect on the economical aspect of maintaining such animals for the sole purpose of dung. Prima facie it seems far fetched and yet the State Government thought it as sufficient to amend the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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