Category Archives: India

Legal Aspects of "Banning Cow Slaughter" – Explained in layman language

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I am not very informed in this subject. Whatever I know is based on casual observations.

LEGAL ASPECTS OF BANNING COW SLAUGHTER AT NATIONAL LEVEL

1) Some people run business of running slaughter houses. They claim that law to ban cow slaughter can infringe upon their fundamental rights guaranteed regarding doing business of one’s choice.

2) Some people say that in their Hindu religion, cow is worshipped like a mother. Therefore permitting cow slaughter is violative of their fundamental right of practicing religion of their own choice.

3) Thus the legal dispute is about seeking a balance between two conflicting fundamental rights.

Both sections are complaining violation of their fundamental rights.

The burden is on States and Center and Supreme Court to balance these rights and to pass proper laws.

There is concept of Reasonable Restrictions. All fundamental rights are subject to reasonable restrictions.

So there is a legal power in States and Center and Supreme Court to ban cow slaughter by putting reasonable restrictions.

Even without any law in this area, if cow slaughter is hurting religious sentiment of any religious group, they can consult local court lawyer about filing a complaint under Sec.200 to magistrate for offense of hurting religious sentiment.

Magistrate can then call report from police.

Haresh Raichura
3/3/2013

Link for laws on subject

http://www.dahd.nic.in/dahd/reports/report-of-the-national-commission-on-cattle/chapter-ii-executive-summary/annex-ii-8.aspx

Suppose you are a lawyer and you are asked to draft a PIL to regulate butcher places? How can you go about it?

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A friend asked me above question. Hence I right this post.

1) First search google.

2) Ask yourself, is there any law, rules, regulations, resolutions etc for regulating conditions of butcher houses?

3) Then ask yourself, who has power to make regulations? Central Government or State Government?

Here you may see some light.

In Constitution, In Art. 243W, you may find that it is provided that State can give powers to municipality to make regulations about matters in 12th Schedule.

In 12th Schedule, the subject of butcher house regulation is mentioned.

4) Fine… Now try to find out what rules/ circulars or resolutions are already made by Municipality or State Govt. Ask some friend in service, to guide you.

5) If you cannot find anything, well, use RTI.

Ask Chief officer, of Municipality if they have any rules, etc regarding butcher places.

Send similar inquiries to Directorate of All Municipalities in States, on this issue.

Send Similar inquiry to State Govt if they have any rules.

Also ask State whether it has delegated any power to Municipality under Art.243 W , Schedule 12, regarding this subject.

6) After two months, give all the letters, replies etc to lawyer. He may advice you whether HC or SC should be approached to enforce right under Art. 14,19(g),21 etc…

Haresh Raichura
1/3/2013