Prevention of cattle slaughter
Also called: Article 48 · Topic: Directive Principles and Fundamental Duties · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
Article 48 asks the State to ban the slaughter of cows, calves and other milch (milk-giving) and draught (work) cattle. The same article also asks for farming and animal husbandry on modern scientific lines. The cattle part is a Gandhian directive, while the modern farming part is liberal-intellectual. Courts have used Art. 48 to judge whether a ban on slaughter is a reasonable limit on Fundamental Rights.
Example
- In Mohd Hanif Qureshi (1958), the Supreme Court upheld a ban on slaughtering cows. It did not uphold a ban on slaughtering bulls that were no longer useful.
- In Mirzapur Moti Kureshi (2005, seven judges), it upheld Gujarat's total ban by reading Art. 48 together with the duty of compassion for living creatures in Art. 51A(g).
The debate weighs the ban against freedom of trade under Art. 19(1)(g), people's food choices and the cost of stray cattle to farmers.
Don't confuse with
- Art. 48A (environment and wildlife): added by the 42nd Amendment, 1976, this protects forests and wildlife. Art. 48 is about cattle and farming.
Related concepts
- Gandhian principles
- Organisation of village panchayats
- Promotion of cottage industries
- Promotion of interests of weaker sections
- Nutrition and public health directive
- PM POSHAN
- Prohibition of intoxicating drinks