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Current Affairs for UPSC and TSPSC – 09 Oct 2015 – “Beef Ban” what constitution says?

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“Beef Ban” what constitution says?

 

“Beef Ban” law can be legislated to implement Article 48 under Directive Principle of State Policy of the constitution of India but this Article clearly specified that the ban cannot be on religion ground rather the reason can be economic, relating to the organization of agriculture and animal husbandry.

Article 48: “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”

 Although, law legislated to implement Article 48 can ban slaughtering of beef under special circumstances but it cannot ban consuming beef. As different states has enacted different laws for banning cow slaughter, it cannot be illegal if a beef is consumed in the State where it is ban if the slaughtering is done in some other state where the slaughtering is not banned.

Keeping this loophole in mind, Gujarat and Maharashtra gone a step ahead and put a ban on the possession of beef itself which will eventually ban on consuming beef even if it is slaughtered in some other state where the slaughtering is not banned.

Although, the law passed by Gujarat and Maharashtra is unconstitutional and Supreme Court has a power to invalidate it under Article 13 of the Constitution of India, has not yet given its decision.