Assam Cattle Preservation (Amendment) Act, 2021

Assam Cattle Preservation (Amendment) Act, 2021

News: Recently, a cow protection law (Assam Cattle Preservation (Amendment) Act, 2021) that Assam enforced less than a year ago has led to an acute beef crisis in Meghalaya.
• The hill State’s main cattle market has also been closed due to non-availability of the animal for consumption.
• Various pressure groups in Assam groups recently held a rally against the Assam Cattle Preservation Act, 2021, stating that the law was an assault on the farm economy in the name of religion.
• The law is aimed at regulating slaughter, consumption and transportation of cattle.

Features of the Law:
• The Act prohibits the slaughter of cows.
• It permits the slaughter of other cattle (bulls, bullocks and buffaloes) if the cattle is over 14 years of age or has become permanently incapacitated due to injury or deformity.
• It also restricts intra-state and inter-state transport of cattle, and sale of beef except at permitted locations.
• The relevant authority may inspect and seize cattle and vehicles used for offences under the Act
• Upon conviction, the seized cattle and vehicles will be forfeited to the state government.

What is the need for law?
• Rise of illegal cattle smuggling along the India-Bangladesh border despite deployment of adequate security forces.
• The Directive Principles of State Policy (Article 48) under the Constitution provides that the state shall endeavor to organize agriculture and
animal husbandry on modern and scientific lines, take steps to improve breeds and prohibit the slaughter of cows, calves, and other milch and draught cattle.

Controversial provisions:
• The law completely prohibits Cow slaughter irrespective of any provisions.
• It prohibits the sale of Beef and beef products within a radius of 5 km from any temple. This seems like a complete restriction on Beef for residents residing within the 5 km radius.
• It specifies who is empowered to inspect, search and detain. The power has been provided to Veterinary Officer, Police Officer (Sub Inspector or above), and any person authorized by the State Government. This also might lead to political or communal misuse.
• The punishments and Fines provided are very extreme. These kinds of punishments are given to a very serious offender in the Indian Penal Code, 1860.

Observations made by Supreme Court:
• Over time, the extent of the prohibition under these state laws has been guided by Supreme Court judgments. Earlier state laws such as those in Madhya Pradesh (1949), Bihar (1955), and Uttar Pradesh (1955) completely prohibited the slaughter of cattle.
• In 1958, while examining these three laws, the Supreme Court held that complete prohibition on slaughter of cattle infringed upon the fundamental right of butchers to practice their trade or profession.
• It held that while the complete prohibition on slaughter of cows was constitutionally valid, the ban on slaughter of bulls, bullocks, and buffaloes can only be up to a certain age, or be based on their usefulness (for milk, draught, or reproduction).