Karnataka High Court upheld cow slaughter ban ordinance, says govt

Bengaluru: The Karnataka High Court observation on Wednesday that the ban on cow slaughter is "constitutionally-valid" came as a "major boost" to the BJP government in the state, a statement shared by Chief Minister B.S. Yediyurappa's office said.

The development in the High Court cleared hurdles for the government to effectively implement the cow slaughter ordinance, it said.

The State government on January 5 promulgated the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance that provides for punishment for killing cattle and offers protection to those "acting in good faith" to save them.

According to the statement, after hearing the Advocate General, the HC observed that the issue relating to ban on cow slaughter was affirmed by the Supreme Court in Mirzapur case as being constitutionally valid.

It said, the court, however, observed that the government must ensure that no coercive action is taken against farmers who transport animals for animal husbandry, agriculture, and other bona fide purposes until rules are framed under the provisions of the ordinance. 

"The development in the High Court today clears hurdles for the government to effectively implement the cow slaughter ordinance," it added. Under the ordinance, slaughter of cattle will lead to imprisonment of up to three to seven years and a fine ranging from Rs 50,000 to Rs five lakh, and subsequent offences will attract imprisonment of up to seven years and a fine from Rs one lakh to Rs 10 lakh. Hearing a batch of petitions filed by Mohammed Arif Jameel and others, the statement said, the High Court bench of Chief Justice Abhay Oka and Sachin Shankar Magadum on Wednesday observed that the provision in the ordinance relating to ban of cow slaughter is constitutionally valid.

Advocate General Prabhuling Navadgi appeared for the State before the High Court. It said, the state government contended before the court that the ordinance was in consonance with the Directive Principles of State Policy in the Constitution. "The State further contended by filing preliminary statement of objections that the cattle population over the past eight years has substantially reduced from 95,16,484 in 2012 census (19th livestock census) to 84,69,004 in 2019 (20th livestock census), and that as per the 2019 census 2,38,296 cattle are being slaughtered every year and on an average it works out to 652 per day."

Under Information Network for Animal Productivity and Health (INAPH) Scheme of the Central government, ear tagging of cattle is undertaken using Radio Frequency Identification Device (RFID) conforming to Bureau of India Standards, and out of total cattle population of 1,15,53,564, about 96,00,000 cattle are ear tagged and the work is in progress, the statement pointed out. The state also submitted that there are 4,212 veterinary institutions in the state headed by veterinary officers and inspectors who are available on call and that there are 176 mobile clinics, it added.