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1958 Supreme(SC) 62

S. R. DASS, T. L. VENKATARAMA AYYAR, S. K. DAS, VIVIAN BOSE, P. B. GAJENDRAGADKAR
Mohd. Hanif Quareshis – Appellant
Versus
State Of Bihar – Respondent


Advocates:
A.G.Ratnaparkhi, B.SEN, C.P.LAL, FRANK ANTHONY, G.C.MATHUR, H.J.Umrigar, I.M.SHROFF, K.L.Mehta, N.H.Hingorani, R.H.Dhebar, S.P.Varma

Judgement Key Points
  • The case involves challenges to the constitutional validity of animal preservation laws enacted by Bihar, Uttar Pradesh, and Madhya Pradesh banning slaughter of certain bovine animals, filed under Article 32. (!) (!) (!) (!) (!)

  • Petitioners are primarily Muslims from the Quraishi community engaged in butchery, cattle dealing, hide trade, and related businesses, claiming infringement of rights under Articles 14, 19(1)(g), and 25. (!) (!) (!) (!)

  • Article 48 directs the State to organize agriculture and animal husbandry on modern scientific lines, including preserving breeds and prohibiting slaughter of cows, calves, and other milch or draught cattle; protection does not extend to cattle that have ceased to be milch or draught. (!) (!) (!)

  • Directive principles under Article 48 are fundamental but cannot override or abridge fundamental rights under Article 13(2); laws must conform to fundamental rights. (!)

  • Sacrifice of cow on Bakr Id is not an obligatory religious practice under Islam but optional; thus, no violation of Article 25(1). (!) (!) (!)

  • Impugned laws do not violate Article 14 as classification of butchers dealing in cattle versus those dealing in sheep/goats is based on intelligible differentia rationally related to preservation of livestock. (!) (!) (!)

  • Laws directly impact right to trade under Article 19(1)(g); restrictions must be reasonable in the interest of general public. (!) (!) (!)

  • Bihar Act imposes total ban on slaughter of cow, calf of cow, bull, bullock (including buffaloes as bovine species); valid for cows and calves (male/female, all buffaloes calves), invalid for total ban on useful/incapable she-buffaloes, bulls, bullocks without age/usefulness criteria. (!) (!) (!) (!) (!)

  • U.P. Act bans slaughter of "cow" (including bull, bullock, heifer, calf); valid for cows and calves of cows (male/female), invalid for total ban on bulls/bullocks without age/usefulness criteria; buffaloes excluded. (!) (!) (!)

  • Madhya Pradesh Act bans slaughter of "cow" (including male/female calf, bull, bullock, heifer), regulates other animals (e.g., buffaloes) via certificates; valid for cows/calves, regulation of others, invalid for total ban on bulls/bullocks without criteria. (!) (!)

  • Cattle (cows, progeny) vital for milk, draught power, manure; shortage of useful stock, fodder scarcity, surplus useless cattle strain resources; total ban on useless cattle unreasonable as it worsens breed deterioration, deprives useful cattle of feed. (!) (!) (!) (!) (!) (!) (!) (!) (!)

  • Gosadans for useless cattle impractical due to high costs, land needs, poor implementation; better to utilize resources for improving useful cattle. (!) (!) (!) (!)

  • Reasonable ban: total on cows/all calves (cows/buffaloes); on milch/draught animals while useful; slaughter of useless old animals permissible. (!)


Judgment

S. R. Das CJI. These 12 petitions under Art. 32 of our Constitution raise the question of the constitutional validity of three several legislative enactments banning the slaughter of certain animals passed by the States of Bihar, Uttar Pradesh and Madhya Pradesh respectively. The controversy concerning the slaughter of cows has been raging in this country for a number of years and in the past it generated considerable illwill amongst the two major communities resulting even in riots and civil commotion in some places. We are, however, happy to note that the rival contentions of the parties to these proceedings have been urged before us without importing into them the heat of communal passion and in a rational and objective way, as a matter involving constitutional issues should be. Some of these petitions come from Bihar, some from U. P. and the rest from Madhya Pradesh, but as they raise common questions of law, it will be convenient to deal with and dispose of them together by one common judgment.

2. Petitions Nos. 58 of 1956, 83 of 1956 and 84 of 1956 challenge the validity of the Bihar Preservation and Improvement of Animals Act (Bihar Act II of 1956) hereinafter referre

























































































































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