Bargain on equality amongst constitutionally privileged animals

Written by Hritam Saha
Edited by Siddhant Sharma
A fictional story will find a place today where a host of milk-producing animals have gathered for a party. During that party, the goat asked the cow why people are propagating the prevention of cow slaughtering even though there are other animals including the goat who also produce milk. The cow advanced a practical argument that human beings consume cow’s milk more than the milk of other animals.

Yes, the cow is practically right. The goat too is right but legally. Article 48 of the Constitution of India mandates the prevention of slaughtering of all milk-producing and draughty animals.

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.

A herd of political masters are harping on a particular line of Article 48— "...shall, in particular, take the steps for preserving and improving the breeds, and prohibiting the slaughter, of cows…", to fuel their mileage of 'Hindutva' ideology.

The subject of Article 48 categorically depicts two aspects— one is the organisation of agriculture and the other is animal husbandry and it is a fact that both agriculture and animal husbandry are connected with economic growth which is unconnected with any dogma of religion.

It is writ large from the opening expressions of Article 48— "the state shall organize" and "on modern and scientific line" that the learned framers of the Constitution had contemplated that the furtherance of agriculture and animal husbandry shall be based on rational and legitimate methods rather than on religious preferences and etiquette.

The comma used after the expression "prohibiting the slaughter" grammatically signifies that the expression is incomplete and it is completed by the immediately following words— "of cows and calves and other milch and draught cattle". There is no comma in between the following words, hence, signifying the uninterrupted application of the said expression— 'prohibiting the slaughter', on all those words. Therefore, the framers of the Constitution have not only mandated the prohibition of slaughtering of cows and calves but also of other animals who produce milk (milch) and of animals who carry the load (draught cattle). It is also worthwhile to accentuate the word 'other' placed after the words, "of cow and calves" and before the words, "milch and draught cattle". The word 'other' (a determiner that sequentially recognizes that a thing falls into the class of another thing previously mentioned) has signified that animals under the category of 'milch and draught cattle' fall into the category of 'cows and calves'. The latter functions both as milk-producing and load-carrying animals just like the animals falling into the category of 'milch and draught cattle' do. Hence, the expression, "prohibiting the slaughter, of cows and calves and other milch and draught cattle" is a prohibition clause that the state is bound to operate. Using Article 48 as an indicator of 'anti-Islam' if not 'Hindu Rashtra', is a farrago of idiosyncrasy and manufactured politicism.

Article 48 mandates the uniform prohibition of slaughtering of all milk-producing and load-carrying animals irrespective of their animalistic name. However, the state has strenuously endeavoured only to prevent cow slaughtering in an attempt to boot a religion. Bos indicus, the Indian breed of cow, is designated as a sacred animal, an economic animal and more recently, a political animal. However, Bos taurus, the foreign breeds like Jersey and Holstein-Friesen have not been awarded the same designation. Hence, the cow is also discriminated against in the context of their respective breeds. This evidence shows the non-uniform and skewing will of the political mind.

Purposeful acts lead to objective results whereas motive-centric acts lead to results that are subject to mala fide.

Ancient texts like Brahmana taught religious duty (dharma). It is mentioned there that a bull or cow should be killed when a guest arrives. All these texts state that 'the cow is food'. Even when a portion of the Satapatha Brahmana (3.1.2.21) forbids the eating of cow, a revered ancient Hindu sage named Yajnavalkya immediately contradicts it, saying that, nevertheless, he eats the meat of both cow and bull, "as long as it’s tender". According to many historical texts, before the arrival of Buddhism beef was consumed by the Hindus. It was because of the strife between Buddhism and Hinduism that the Brahmins adopted vegetarianism. They had to do it to portray themselves as supreme and purer than the Buddhists.

In the 4th Century BC, a wave of vegetarianism had sprung throughout India. The objection to the sacrifice of the cow had taken a stronghold of the minds of the masses especially as they were an agricultural population and the cow was a very useful animal. To improve their position against Buddhists, the Brahmins had to give up beef-eating and the practice of sacrificing the cows. Sociologist MN Srinivas pointed out that the lower castes also gave up beef-eating when they wanted to move up the social ladder through the process known as Sanskritization.

This is how cows became such an important part of Hinduism. It's not that they weren't considered sacred before, but due to these events, their importance in Hinduism increased so much. And this is why in the present times they are being weaponized in the name of protection to politicize them for meeting political ends.

Article 48 is an enabling provision of law that is enshrined under the Directive Principles Of State thereby casting a duty upon the authority of the state to tread the path of the scientific road for agricultural and animal husbandry but in no way it allows any person to use it in favour of any religion or as a bombardment against any religion.

The difference between a right and faith on something is that right gives rise to a claim whereas faith gives rise to reliance.

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The Drain Team

The Drain is a news, analysis, opinion and information initiative. We shed light on the overlooked stories which are shaping the contemporary world. We aim to bring out stories which are usually ditched and drained by the mainstream media, but are of utmost importance to the people.