The Beef Politics in 'Banistan'

Introduction
Hinduism ascribes the status of a sacred animal to the cow and hence,
traditionally slaughter of the cow is prohibited in most parts of the country.
Article 48 of the Constitution of India mandates the states to prohibit the
slaughter of cows and calves and other milch and draught cattle. On
October 26, 2005, the Supreme Court of India, in a landmark judgement,
upheld the constitutional validity of anti-cow slaughter laws enacted by
different state governments in the country.
The laws governing cattle slaughter varies greatly from state to state. Entry
15 of the State List of the Seventh Schedule of the Constitution of India
deal with the "Preservation, protection and improvement of stock and
prevention of animal diseases, veterinary training and practice".
The State Legislatures have exclusive powers to legislate the prevention of
slaughter and preservation of cattle. Prohibition of cow slaughter is a
Directive Principles of the State Policy contained in Article 48 of the
Constitution.
Some States allow the slaughter of cattle with restrictions like a "fit-forslaughter" certificate which may be issued depending on factors like age
and gender of cattle, continued economic viability etc. Others completely
ban cattle slaughter, while there is no restriction in a few states.
A total of 24 states out of the 29 states of India have enacted various
regulations restraining the slaughter of cows. There is no restriction on cow
slaughter in the states of Kerala, West Bengal, Arunachal Pradesh,
Meghalaya, Nagaland, Tripura and Sikkim.
Some very interesting statistics about meat production in India, that may
make us sound as people with double standards are as follows:

Ranks fifth in the world in beef production.

Ranks seventh in the world in domestic consumption.

Ranks first in the world in exporting beef. Though, most of the beef
exported by India is of Water Buffalos.

Present Controversy over Beef Ban

The present controversy over beef ban has basically emerged as a means
to score brawny points and draw political mileage by creating an issue out
of a non issue.
It needs to be understood that the ban on cow slaughter exists in most of
the states since the previous many decades. However, the Hindutav
agenda of the Modi government and its RSS connection is being slammed
with the meat ban policy.
It has been a regular practice over the years that meat ban was always
imposed on the days of religious events of Hindus and Jains, like Hanuman
Jayanti, Mahavir Jayanti, first and last days of Paryushan Parva and Ram
Navami, and also on national holidays like Gandhi Jayanti, Independence
Day and Republic Day.
The present controversy started because of an eight day long ban imposed
by Mira-Bhayandar Municipal Corporation (MBMC) during the religious
festival of Jain community and later it acquired greater significance when
Mohammad Akhlaq, a 50 year old man was beaten to death by residents of
village Bisara, in UPs Dadri District on 01 October 2015, over rumours
about the family storing and consuming beef.
The latest on the issue is that two days back, Vishva Hindu Parishad (VHP)
and the Sangh Pariwar has demanded complete ban on eating of beef, as
they feel that cow is the centre of the Hindu faith.
Unfortunately, those who are highlighting and creating an issue out of it, are
only further damaging the secular fabric of the country. Even the
international media has labelled India as Banistan, as if; the meat ban has
been enforced for the very first time, thus severely tarnishing its images of
a liberal democracy.
At the epicentre of the debate are the five BJP led states of Maharashtra,
Rajasthan, Gujarat, Haryana and Chhattisgarh.

The legislation on meat ban in Maharashtra exists since 1964. However,

the recent eight day long ban imposed by Mira-Bhayandar Municipal
Corporation (MBMC) during the religious festival of Jain community caused
a major uproar.
Meat ban in Gujarat was imposed for the first time in April 1960. Similarly,
such a ban is conventionally imposed in others states like Rajasthan,
Haryana and Chhattisgarh on certain auspicious days, however, this time
around the beef politics has got the better sensibility of people.
Upheaval in Muslim Dominated States
Jammu and Kashmir
A division bench of Justice Dhiraj Singh Thakur and Justice Janak Raj
Kotwal had ordered the government to strictly enforce the ban on sale of
beef across the state, leading to widespread opposition.
While some separatist leaders asked people to slaughter bovines on Eid-ulZuha and termed the courts order interference into their religious affairs,
the Opposition National Conference asked the Mufti government to issue
an ordinance repealing the said provision of the RPC before Eid.
Jammu & Kashmir High Court has issued a notice to the state government
for challenging the Cow Slaughter Act in the Ranbir Penal Code (RPC).
Meanwhile, a writ petition was filed by a retired law professor Afzal Qadri,
challenging the constitutional validity of RPC sections 298-A and 298-B,
which regulate the ban on bovine slaughter and beef sale in Jammu and
Kashmir.
While section 298-A of the RPC makes killing of bovine animals a
punishable offence, the 298-B makes possession of any slaughtered
animal a punishable act in the state.
Assam
Assam has the second highest percentage of Muslims among all other
states after the state of J&K.

Assam incidentally had enacted the Assam Cattle Preservation Act way
back in 1950 which clearly bans cow slaughter. But, Section 5 of the Act
permits slaughter of cattle on issue of fit-for-slaughter certificate, to be
given if cattle is over 14 years of age or has become permanently
incapacitated for work or breeding due to injury, deformity or any incurable
disease. Section 6 prohibits slaughter except in place specified by the
authority.
Jihadi training camp run by a JMB module, are known to be operating in
Assam and are continuously trying to polarise and vitiate the communal
harmony of the state by stroking the communal sentiments of the public
through issues like the beef ban.
My Take on the Issue
Prohibition of cow slaughter is a Directive Principles of the State Policy
contained in Article 48 of the Constitution. However, the Directive Principles
are mere guidelines and not constitutionally binding.
Banning beef will not only affect the meat industry, where India is one of the
largest exporters, but also other allied industries like tanneries, where India
exports nearly Rs 20000 crores of leather yearly.
I personally feel that as an evolving society and a secular democracy, we
need to be more accommodating. The option of eating beef (prohibited by
Hinduism) or pork (prohibited by Islam) or being a vegetarian must be
individual choices and the government or the religious clergy must not
issue their dictates on the subject.
If pork shops are there in Dubai, it only illustrates the openness of a
progressive culture. Laying restrictions on personal choices highlights
double standards and lack of tolerance which goes against the very tenets
of Indian culture.