Tag Archives: Beefban

Article 48 and its Misuse by GoI for Ban of Sale of Cattle


Sangh Pariwar the Ideological Mentor of the Bharatiya Janata Party fundamentally believes based on below Provision in Constitution of India :

48. The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Cows can not be slaughtered and hence they promote, support and back both Beef Ban and Cow Vigilante same time…

First 3 Years of  PM Narendra Modi Ji BJP Government has taken it up on themselves to promote Beef Ban and Gauraksha and is main stay of BJP Political Agenda and Governance.

So they first started re-defining Beef  as Cow Meat is Beat and Buffalow Meat is not Beef or whatever so India continues to be World’s Largest Beef  (Err!) non Cow Beef Exporter in the world .. a fact they don’t say loudly though ..

Having successfully bulldozed the #NoteBandi with no Game Changing Development  Achievements in 3 years the Govt has Come up with an Indirect #MeatBandi and its propaganda machinery is again in full blast fooling the ordinary Indian who can hardly comprehend the entire issue nor has time left to even attempt other than taking the fate accompli ..

Let me put down my views starting from constitutional point to the operational point of its impact and insanity of the new rules :

A. Misuse of Constitutional Provision 

Article 48 is in Part IV.—Directive Principles of State Policy   “The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Now The law made is  “Prevention of Cruelty to Animals Act, 1960 (59 of 1960)” this is in force, under this law its left to the state governments to frame the local laws applicable for control of animal trade as they deem it for the good of the state keeping the living conditions and way of life

If this law needs to be amended as is being done through these new rules only Parliament can do it not an executive order framing new rules to Prohibit the Sale itself.

In federal structure where a decision of this nature is directly impacting every state and farmers directly the Center ought to do adequate consultation and take all states on board, this is not an RBI Currency matter it can decide with just a planted recommendation sent by RBI.

Very intent of all the Provisions of Constitution of India under Part IV is to Supplement and Make common good for all People of India. In this case the rules violate the Fundamental Rights of Animal Owners whose Rights the Rules of Snatched by placing restriction and forcing farmer to submit affidavits with undertakings the farmer has no obligation as it Infringes upon farmers right to sale their animal property.  I am not contesting the provisions of conditions to be maintained, my challenge is about these rules putting restriction or prohibition on sale.

Careful examination of the Article 48 clearly reveals neither the provision is for Cows alone nor its intent is for total prohibition, its emphasis is on Saving the local animal breed and Saving the Productive Cattle to Keep the Rural Economy running as it may derail the Agriculture if there are no adequate Draft Animals as at that time India is yet to have any farm mechanization.

This Provision Essence is not rooted in Hindu Faith or love for Cows its rooted in protecting the Rural Agro Economy Driving Wheels at that time being Draft Animals..

So Dear BJP and its Parent RSS Enough of you giving the Hindu Color to this provision and enough of misleading the Nation about Prohibiting the Slaughter by quoting it out of Context.

Now Let me Highlight the Provisions of  “Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017.” that do exactly Opposite of the Intent of Article 48 of Constitution :

13. Unfit animals and animals likely to give birth.—(1) No person shall permit an unfit animal to be sold in an animal market.

(2) No person shall permit an animal to be offered or displayed for sale in an animal market if it is likely to give birth while it is there or during its transportation.

This is quite insane to combine an Unfit animal and one likely to give birth on par because

Unfit is Unproductive neither Constitution has prohibited the sale nor any one has right to force animal owner to incur the cost just as will Govt Prohibit sale of Unfit Vehicle ?  it Can not Prohibit sale of unfit animal.

Animal ie likely to give birth is the Animal with Maximum Potential for Sale, How on earth Government get the Right to deny owner of animal to maximize their sale value.

If any one knows how rural economy works most cows and buffaloes are brought by Milk Farmer just before their delivery is due.

This is Double Whammy of Going against constitution and Hitting the Farmers very hard by increasing unsustainable unproductive costs and reducing the realization of profitable sale

Will Govt of India Ban Sale of New Car due to come out of Production Line ?

Next is more Insane and illogical and this approach now I see in so many of Center, State and RBI Regulation time people ask the fundamental question

22. Restrictions on sale of cattle.— The Member Secretary of the Animal Market Committee shall ensure that-

(a) no person shall bring to an animal market a young animal;

(b) no person shall bring a cattle to an animal market unless upon arrival he has furnished a written declaration signed by the owner of the cattle or his duly authorised agent—

(i) stating the name and address of the owner of the cattle, with a copy of the photo identification proof ;

(ii) giving details of the identification of the cattle;

(iii) stating that the cattle has not been brought to market for sale for slaughter;

How on earth a Buyer will sign affidavit stating what Seller is going to do ?
How will Seller know whether Buyer is going to Slaughter or for Agriculture purpose and how can Any Authority force a seller to write this ?

This is the Height of Irrationality, Utter Nonsense and Giving Powers to the Animal Market Yards to Harass the innocent farmers and increase the corruption and make life miserable to any one engaged in animal farming ..

Let me ask the Govt of India, What if all animal Owners say, Hey Look we handover all of these Cattle to you Dear PM and Govt of India, you take care of them. Thank You.

Fair Offer !!

Government of India for next 2 Years will be busy building  Old Age Homes for all the Animals Covered under these New Rules !!

Great Job Modi Sarkar ..for all these rules are nothing but Indirect #MeatBandi after your #NoteBandi  Whats the Next Bandi in pipeline ?  Guess its #DaruBandi ..
Time people prepare ..

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