Article 48 of the Costitution of India with Case law
Article 48 of the Constitution of India:
Text of Article 48 (Directive Principles of State Policy):
"Organisation of agriculture and animal husbandry – 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."
Key Features of Article 48:
Part of Directive Principles – Not enforceable by courts but meant to guide state policy.
Two main objectives:
Scientific development of agriculture and animal husbandry.
Prohibition of cow slaughter and preservation of cattle breeds.
Judicial Interpretation and Case Laws:
1. Mohd. Hanif Quareshi v. State of Bihar (1958 AIR 731)
Facts: Challenged the constitutional validity of laws prohibiting the slaughter of cows and other cattle.
Held:
The Supreme Court upheld the ban on cow slaughter under Article 48.
However, it struck down the total ban on slaughter of bulls and bullocks that were no longer useful, holding that such a ban violated the right to carry on trade under Article 19(1)(g).
2. State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) 8 SCC 534
Facts: Challenged the amendment in Gujarat Animal Preservation Act extending the ban on slaughter to even bulls and bullocks regardless of age/usefulness.
Held:
The Supreme Court overruled Mohd. Hanif Quareshi’s partial allowance and upheld the total ban on slaughter of bulls and bullocks.
The Court gave primacy to Article 48, considering the Directive Principle important for the economic and cultural life of the country.
It said reasonable restrictions on trade are permitted if in public interest.
3. Haji Usmanbhai Hasanbhai Qureshi v. State of Gujarat (1986)
Held: Cow protection is a matter of state interest, and state laws implementing Article 48 are valid even if they affect particular trades or communities.
Relevance and Criticism:
Supporters: See it as essential for protecting traditional Indian values and supporting rural economy.
Critics: Argue that it infringes on religious rights, personal freedoms, and livelihoods of communities involved in cattle trade and meat industry.
Conclusion:
Article 48 reflects the socio-economic and cultural values embedded in the Indian Constitution. Courts have evolved from a trade-right-centric approach (1958) to a more directive-principle-centric view (2005), strengthening the legal basis for cow protection laws in India.
RELATED Blog
0 comments