STATE OF GUJARAT v. MJRZAPUR MOTi KURESHI KASSAB JAMA T AND ORS.

·A right to 'practise any profession or to carry on any occupation, trade or business'. This right is subject to Article 19(6) which pennits reasonable restrictions to be imposed on it in the interests of the general public.

This raises the question of what is the meaning of the word 'restriction'.

B Three propositions are well settled:- (i) 'restriction' includes cases of 'prohibition'; (ii) the standard for judging reasonability of restriction or restriction amounting to prohibition remains the same, excepting that a total prohibition must also satisfy the test that a lesser alternative would be inadequate; and (iii) whether a restriction in effect amounts to a total prohibition C is a question of fact which shall have to be detennined with regard to the facts and circumstances of each case, the ambit of the right and the effect of the restriction upon the exercise of that right. Reference may be made to Madhya Bharat Cotton Association Ltd. v. Union of India (UOI) and Anr., AIR (1954) SC 634, Krishna Kumar v. Municipal Committee of Bhatapara, (Petition No.660 of 1954 decided on 21st February 1957 by Constitution Bench) (See- D Compilation of Supreme Court Judgments, 1957 Jan-May page 33, available in Supreme·Court Judges Library), Narendra Kumar and Ors. v. Union of India (VO/) and Ora.,· [1960] 2 SCR 375, The State of Maharashtra v. Himmatbhai Narbhe;ain Rao and Ors., (1969) 2 SCR 392, Sushi/a Saw Mill v. State of Orissa and Ors., [1995] 5 SCC 615, Pratap Pharma (Pvt.) Ltd. & Anr. v. Union of India and Ors., [1997] 5 SCC 87 and Dharam Dutt v. f.Jnion E of India, (2004] 1sec712. In Madhya Bharat Cotton Association Ltd. (supra) a large section of traders were completely prohibited from carrying on their nonnal trade in forward contacts. The restriction was held to be reasonable as cotton, being F a commodity essential to the life of the community, and therefore such a total prohibition was held to be permissible. In Himmatbhai Narbheram Rao and Ors. (supra) trade in hides was completely prohibited and the owners of dead animals were required to compulsorily deposit carcasses in an appointed place without selling it. The constitutionality of such prohibition, though depriving the owner of his property, was upheld. The court also held that while striking a balance between rights of individuals and rights of citizenry as a whole the financial loss caused to individuals becomes insignificant if it serves the larger public interest. In Sushi/a Saw Mill (supra), the impugned enactment imposed a total ban on saw mill business or sawing operations _ within reserved or protected forests. The ban was held to be justified as it was in public interest to which the individual interest must yield. Similar view

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is taken in the other cases referred to hereinabove. A In Krishna Kumar (supra), the Constitution Bench held that when the prohibition is only with respect to the exercise of the right referable only in a particular area of activity or relating to a particular matter, there was no total prohibition. In that case, the Constitution Bench was dealing with the case of Adatiyas operating in a market area. A certain field of activity was taken away from them, but they were yet allowed to function as Adatiyas. It was held that this amounts to a restriction on the exercise of writ petitioners' occupation as an Adatiya or a seller of grain but does not amount to a total ban.

In the present case, we find the issue relates to a total prohibition imposed on the slaughter of cow and her progeny. The ban is total with regard to the slaughter of one particular class of cattle. The ban is not on the total activity of butchers (kasais); they are left free to slaughter cattle other than those specified in the Act. It is not that the writ petitioner-respondents survive only by slaughtering cow progeny. They can slaughter animals other than cow progeny and carry on their business activity. In so far as trade in hides, skins and other allied things (which are derived from the body of dead animal) are concerned, it is not necessary that the animal must be slaughtered to avail these things. The animal, whose slaughter has been prohibited, would die a natural death even otherwise and in that case their hides, skins and other parts of body would be available for trade and industrial activity based thereon.

We hold that though it is permissible to place a total ban amounting to prohibition on any profession, occupation, trade or business subject to satisfying the test of being reasonable in the interest of the general" public, yet, in the present case banning slaughter of cow progeny is not a prohibition but only a restriction.

Question - 6 : Slaughter of cow progenJ~ if in public interest

As we have already indicated, the opinion formed by the Constitution G Bench of this Court in Quareshi-1 is that the restriction amounting to total prohibition on slaughter of bulls and bullocks was unreasonable and was not in public interest. We, therefore, proceed to examine the evidence available on record which would enable us to answer questions with regard to the 'reasonability' of the imposed restriction qua 'public interest'. H

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. .A The facts contained in the Preamble and the Statement of Objects and Reasons in the impugned enactment highlight the following facts:-

(i) it is established that cow and her progeny sustain the health of the nation; (ii) the working bullocks are indispensable for our agriculture for B they supply power more than any other animal (the activities for which the bullocks are usefully employed are also set out); (iii) the dung of the animal is cheaper than the artificial manures and extremely useful of production of biogas; C (iv) it is established that the backbone of Indian agriculture is the cow and h.er progeny and they have on their back the whole structure of the Indian agriculture and its economic system; (v) the economy of the State of Gujarat is still predominantly agricultural. In the agricultural sector use of animals for milch, draught, breeding or agricultural purposes has great importance. Preservation and protection of agricultural animals like bulls and bullocks needs emphasis. With the growing adoption of non- conventional energy sources like bfogas plants, even waste material have come to assume considerable value. After the cattle cease to breed or are too old to work, they still continue to give dung for fuel, manure and biogas and, therefore, they cannot be said to be useless.

Apart from the fact that we have to assume the above-stated facts as to be correct, there is also voluminous evidence available on record to support the above said facts. We proceed to notice few such documents. F Affidavits

Shri J.S. Parikh, Deputy Secretary, Agriculture Cooperative and Rural Development, Department, State of Gujarat, filed three affidavits in the High :. Court of Gujarat in Special Civil Application No. 999I of 1993. The first G affidavit was filed on 20th October, 1993, wherein the following facts are discernible and mentioned as under:

(i) With the improved scientific animal husbandry services in the State, the average longivity of animals has considerably increased. In the year 1960, there were only 456 veterinary dispensaries and H

STATE OF GUJARAT v. M!RZAPUR MOT! KURESHI KASSABJAMAT [LA HOT!, CJ.) 625

first aid veterinary centers etc, whereas in the year 1993, there are A 946 veterinary dispensaries and first aid veterinary centers etc. There were no mobile veterinary dispensaries in 1960 while there are 31 mobile veterinary dispensaries in the State in 1993. In addition, there are around 467 centres for intensive cattle development where besides first aid veterinary treatment, other animal husbandry inputs of breeding, food or development etc. are also provided. In the year 1960, five lakh catties were vaccinated whereas in the year 1992-93 around 200 lakh animals are vaccinated to provide life saving protection against various fatal diseases. There were no cattle food compounding units preparing cattle food in the year 1960, while in the year 1993 there are ten cattle food factory producing 1545 MT of cattle food per day. As a result of improved animal husbandry services, highly contagious and fatal disease of Rinder Pest is contro"Ued in the state and that the deadly disease has not appeared in the last three years. D (ii) Because of various scientific technologies namely, proper cattle feeding, better medical and animal husbandry services, the longevity of the cattle in the State has considerably increased. (iii) The population of bullock is 27.59 lakhs. Over and above agricultural work, bullocks are useful for other purposes also. E They produce dung which is the best organic measure and is cheaper than chemical manure. It is also useful for production of bio-gas. (iv) It is estimated that daily production of manure by bullocks is about 27,300 tonnes and bio-gas production daily is about I 3.60 F cubic metres. It is also estimated that the production of bio-gas from bullock dung fulfil the daily requirement of 54.78 lakh persons of the State if whole dung production is utilized. At present, I, 91,467 bio-gas plants are in function in the State and about 3- 4 lakhs persons are using bio-gas in the State produced by these pl~~. G (v) The population of farmers in the State is 31.45 Iakhs. Out of which 7.3 7 lakhs are small farmers, 8 lakhs are marginal farmers, 3.05 Iakhs are agricultural labourers and 13.03 Iakhs are other farmers. The total land of Gujarat State is 196 lakh hectares and land under cultivation is 104.5 lakh hectares. There are 47,800 H

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A tractors by which 19.12 lakh hectares land is cultivated and the remaining 85.38 lakh hectares land is cultivated by using bullocks. It may be mentioned here that all the agricultural operations are not done using tractors. The bullocks are required for some of agricultural operations along with tractors. There are about 7,28,300 bullock carts and there are about 18,35,000 ploughs run by B bullocks in the State. (vi) The figure of slaughter of animals done in 38 recognised slaughter houses are as under:

Year Bullock/Bull Buffalo Sheep Goat c 1990-91 9,558 41,088 1,82,269 2,22,507

1992-93 8,324 40,034 1,13,868 1,72,791 D The above figures show that the slaughter of bullocks above the age of 16 years is done in the State in very small number. The animals other than bullocks are slaughtered in large number. Hence, the ban on the slaughter of cow and cow progeny will not affect the business of meat production significantly. Therefore, the persons engaged in this profession will not be affected adversely.

Thereafter two further affidavits were filed by Shri J.S. Parikh, abovesaid, on 17th March, 1998, wherein the following facts are mentioned :

(i) ther!! are about 31.45 lakhs land holders in Gujarat. The detailed classifications of the land holders are as under:- Sl. No. Details of land holders No. of land holders I. 0 I hectare 8.00 lakhs

2. 1-2 hectares 7.37 lakhs G

3Copy pinpoint3. 2 and above 16.08 lakhs

(ii) almost 50 per cent of the land holdings are less than 2 hectares; tractor keeping is not affordable to small farmers. For economic maintenance of tractors, one should have large holding of land. H Such land holders are only around I 0 per cent of the total land

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holders. Hence the farmers with small land holdings require bullocks as motive power for their agricultural operations and transport; (iii) the total cultivable land area of Gujarat State is about 124 lakh hectares. Considering that a pair of bullocks is required for ploughing I0 acres of land the bullock requirement for ploughing purpose alone is 5.481 million and approximately equal number is required for carting. According to the livestock census 1988 of Gujarat State, the availability of indigenous bullocks is around 2.84 millions. Thus the availability of bullocks as a. whole on percentage of requirement works out to be about 25 per cent. In this situation, the State has to preserve each single bull and c bullock that is available to it; (iv) it is estimated that bull or bullock at every stage of life supplies 3,500 kgs of dung and 2,000 litres of urine and whereas this quantity of dung can supply 5,000 cubic feet ofbiogas, 80 M.T. of organic fertilizer, the urine can supply 2,000 litres of pesticides and the use of these products in farming increases the yield very substantially. The value of above contribution can be placed at Rs.20,000/- per year to the owner; (v) since production of various agricultural crops removes plant nutrients from the soil, they must be replenished with manures to maintain and improve fertility of soil. There are two types of manures which are (i) Organic manures, i.e. natural manures and (ii) Artificial or chemical fertilizer. Amongst the organic manures, farm yard manures is the most valuable organic manure applied to_soil. It is the most commonly used organic manure in India. It F consists of a mixture of cattle dung, the bedding used in the stable. Its crop increasing value has been recognized from time immemorial (Ref. Hand Book of Agriculture, 1987 by !CAR page 214); (vi) the importance of organic manure as a source of humus and plant G nutrients to increase the fertility level of soils has been well recognised. The organic matter content of cultivated soils of the tropics and sub-tropics is comparatively low due to high temperature and intense microbial activity. The crops remove annually large quantity of plant nutrients from soil. Moreover, Indian soils are poor in organic matter and in major plant nutrients. H

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A Therefore, soil humus has to be replenished through periodic addition of organic manure for maintaining soil productivity; (vii) animals are the source of free availability of farmyard manure, which has all the three elements, i.e. Nitrogen, Phosphoric acid and Potash, needed in fertilizer and at the same time which B preserve and enrich the fertility of the soil. In paucity of dung availability, the farmers have to depend upon chemical fertilizers. Investment in chemical fertilizers imposes heavy burden upon the economy. If there is availability of alternate source of organic manure from animals, it is required to be promoted;

c (viii) the recent scenario of ultramodern technology of super ovulation, embryo transfer and cloning technique will be of very much use to propagate further even from the incapable or even old animals which are not capable of working or reproducing. These animals on a large scale can be used for research programmes as well as for production of non-conventional energy sources such as biogas D and natural fertilizers. At present, there are 19,362 biogas plants installed in the State during 1995-97. On an average, each adult cattle produces 4.00 kg. of dung per day. Out of the total cattle strength of(1992 Census) 67,85,865, the estimated dung produced is 99 ,07,363 tonnes; E (IX) India has 74% of rural population, and in Gujarat out of 4.13 crores of human population, there are 1.40 crores of workers which comprises of 47,04,000 farmers and 32,31,000 workers are workers related to livestock and forestry. In Gujarat, there are 9.24 lakhs marginal farmers and 9.15 lakhs of small farmers, according to the I991-92 census. Animals are reared in few numbers per family and the feed is obtained from the supplementary crop on fodder/agricultural by-products or from grazing in the gaucher land. In Gujarat 8.48 lakh hectares ofland is available as permanent pasture and grazing land. An individual cattle-owner does not consider one or two bullocks as an extra burden for his family, even when it is incapable of work or production. Sometimes the unproductive animals are sent to Panjarapoles and Gosadans. In Gujarat, there are 335 Gaushalas and 174 Panjarapoles which are run by non-governmental oranizations and trusts . Formerly farmers mosfly kept few animals and, in fact, they are treated as part of their family and maintained till death. It cannot be treated to be H

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a liability upon them or burden on the economy; A (x) butchers are doing their business since generations, but they are not doing only the slaughter of cow class of animals. They slaughter and trade the meat of other animals like buffaloes, sheep, goats, pig and even poultry. In Gujarat there are only 38 registered slaughter houses functioning under various B Municipalities/Nagar Panchayats. Beef (meat of cattle) contributes only l .3% of the total meat groups. Proportion of demand for beef is less in the context of demand for pig, mutton and poultry meat. Slaughtering of bulls and bullocks for the period between 1990-91and1993-94 was on an average 9,000; c (xi) number of bullocks have decreased in a decade from 30,70,339 to 28,93,227 as in 1992. A statement showing the amount of dung production for the year 1983-84 to 1996-97 and a statement showing the nature of economy of the State of Gujarat is annexed. The number of bullocks slaughtered per day is negligible compared to other animals, and the business and/or trade of slaughtering bullocks would not affect the business of butchers. By prohibiting slaughter of bullocks the economy is likely to be benefited.

The three affidavits are supported by documents, statements or tables setting out statistics which we have no reason to disbelieve. Neither the High Court has expressed any doubt on the contents of the affidavit nor has the veracity of the affidavits and correctness of the facts stated therein been challenged by the learned counsel for the respondents before us.

In this Court Shri D.P. Amin, Joint Director of Animal Husbandry, Gujarat State, has filed an affidavit. The salient facts stated therein are set out hereunder:

(i) The details of various categories of animals slaughtered since 1997-1998 shows that slaughter of various categories of animals in regulated slaughter houses of Gujarat State has shown a tremendous decline. During the year way back in 1982-83 to 1996- G 97 the average number of animals slaughtered in regulated slaughter houses was 4,39, 141. As against that (previous figure) average number of slaughter of animals in recent 8 years i.e. from 1997-98 to 2004-05 has come down to only 2,88,084. This clearly indicates that there has been a vast change in the meat eating style of people of Gujarat State. It is because of the awareness H

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A created among the public due to the threats of dangerous diseases like Bovine Spongiform Encephalopathy commonly known as "Mad Cow disease" B.S.E. which is a fatal disease of cattle meat origin not reported in India. Even at global level people have stopped eating the beef which is known as meat of cattle class animals. This has even affected the trade of meat particularly beef B in the America & European countries since last 15 ~ears. Therefore, there is international ban on export-import of beef from England, America & European countries; (ii) there is reduction in slaughter of bulls & bullocks above the age· of 16 years reported in the regulated slaughter houses of Gujarat c State. As reported in the years from 1982-83 to 1996-97, the slaughter of bulls & bullocks above the age of 16 years was only 2.48% of the total animals of different categories slaughtered in the State. This percentage has gone down to the level of only I.I 0% during last 8 years i~e. 1997-98 to 2004-05 which is very D less significant to cause or affect the business of butcher communities; (iiO India is predominantly agrarian society with nearly 'I.th of her population living in seven lakh rural hamlets and villages, possesses small fragmentary holding (54.6% below 1 hectare 18% E with 1-2 hectares). Draft/pack animal contributes more than 5 crores horse power (H.P.) or 33,000 megawatt electric power and shares for/in 68% of agricultural operations, transport & other draft operations. In addition to draft power, 100 million tonnes dung per year improves the soil health and also used as raw material for biogas plant; F (iv) the cattle population in Gujarat in relation to human population has declined from 315 per IOOO humans in 1961 to 146 per 1,000 humans in 2001 indicating decline in real terms; (v) in Gujarat 3.28 million draft animal (bullocks 85%) have multifaceted utilities viz. agricultural operations like ploughing, sowing, hoeing, planking, carting, hauling, water lifting, grinding, etc.;

Gujarat State has a very rich cattle population of Kankrej & Gir breed, of which Kankrej bullocks are very well known for its draft power called "Savai Chai";

STATE OF GUJARAT\'. MIRZAPURMOTI KURESHl KASSABJAMAT [LAHOTl,CJ.] 63 J

(vi) considering the utility of aged bullocks above 16 years as draft power a detailed combined study was carried out by Department of Animal Husbandry and Gujarat Agricultural University (Veterinary Colleges S.K. Nagar & Anand). The experiments were carried out within the age group of 16 to 25 years. The study covered different age groups of 156 (78 pairs) bullocks above the age of 16 years. The aged bullocks i.e. above 16 years age generated 0.68 horse power draft output per bullock while the prime bullock generated 0.83 horse power per bullock during carting/hauling draft work in a summer with about more than 42°C temp. The study proves that 93% of aged bullock above 16 years of age are still useful to farmers to perform light & medium draft works. The detailed report is on record; (vii) by the end of year 2004-05 under the Dept. of Animal Husbandry, there are 14 Veterinary Polyclinics, 515 Vety. Dispensaries, 552 First Aid Vety. Centres and 795 Intensive Cattle Development Project Sub Centers. In all, 1876 institutions were made functional to cater various health care activities to livestock population of State of Gujarat. About two crores of livestock and poultry were vaccinated against various diseases. As a result, the total reported out break of infectious diseases was brought down to around I 06 as against 222 in 1992-1993. This shows that State has created a healthy livestock and specifically the longevity of animals has been increased. This has also resulted into the increased milk production of the state, draft power and source of non- conventional energy in terms of increased quantity of dung and urine; (viii) the value of dung is much more than even the famous "Kohinoor" F diamond. An old bullock gives 5 tonnes of dung and 343 pounds of urine in a year which can help in the manufacture of 20 carts load of composed manure. This would be sufficient for manure need of 4 acres of land for crop production. The right to life is a fundamental right and it can be basically protected only with G proper food and feeding and cheap and nutritious food grains required for feeding can be grown with the help of dung. Thus the most fundamental thing to the fundamental right of living for the human being is bovine dung. (Ref. Report of National Commission on Cattle, Vol.III, Page 1063-1064); H

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A (ix) the dung cake as well as meat of bullock are both commercial commodities. If one bullock is slaughtered for its meat (Slaughtering activity) can sustain the butchers trade for only a day. For the next day's trade another bullock is to be slaughtered. But ifthe bullock is not slaughtered, about 5000-6000 dung cakes can be made out of its dung per year, and by the sale of such B dung cake one person can be sustained for the whole year. If a bullock survives even for five years after becoming otherwise useless it can provide employment to a person for five years whereas to a butcher, bullock can provide employment only for a day or two. c (x) Even utility of urine has a great role in the field of pharmaceuticals as well as in the manufacturing of pesticides. The Goseva Ayog, Govt. of Gujarat had commissioned study for "Testing insecticides properties of cow urine against various insect pests". The study was carried out by Dr. G.M. Patel, Principal Investigator, D Department of Entomology, C.P. College of Agriculture, S.D. Agricultural University, Sardar Krishi Nagar, Gujarat. The study has established that insecticides formulations prepared using cow urine emerged as the most reliable treatment for their effectiveness against sucking pest of cotton. The conclusion of study is dung & urine of even aged bullocks are also useful and have proved major effect of role in the Indian economy; (XI) it is stated that availability of fodder is not a problem in the State or anywhere. During drought period deficit is compensated by grass-bank, silo and purchase of fodder from other States as last resources. The sugarcane tops, leaves .of banana, baggase, wheat bhoosa and industrial byproducts etc. are available in plenty. A copy of the letter dated 8.3.2004 indicting sufficient fodder forthe year 2004, addressed to Deputy Commissioner, Animal Husbandry Government·of India is annexed.

Report on draughtability of bullocks above 16 years of age G On 20th June, 2001 the State of Gujarat filed I.A. No. 2/2001 in Civil Appeal Nos. 4937-4940of1998, duly supported by an affidavit sworn by Shri D.U. Parmar, Deputy Secretary (Animal Husbandry) Agriculture and Cooperation Department, Government of Gujarat, annexing therewith a report H on draughtability of aged bullocks above 16 years of age under field conditions.

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.. The study was conducted by the Gujarat Agricultural University Veterinary A College, Anand and the Department of Animal Husbandry, Gujarat State, Ahmedabad. The study was planned with two objectives:

(i) To study the draughtability and utility of aged bullocks above 16 years of age; and B (ii) To compare the draughtability of aged bullocks with bullocks of pnme age.

Empirical research was carried out under field conditions in North Gujarat Region (described as Zone-I) and Saurashtra region (described as Zone-H), The average age of aged bullocks under the study was 18.75 years. The D number of bullocks/pair used under the study were sufficient to draw sound conclusions from the study. The gist of the findings arrived at, is summed up as under:

I. Farmer's persuasion c The aged bullocks were utilized for different purposes like agricultural operations (ploughing, planking, harrowing, hoeing, threshing) and transport- hauling of agricultural produce, feeds and fodders of animals, drinking water, construction materials (bricks, stones, sand grits etc.) and for sugarcane crushing/khandsari making. On an average the bullocks were yoked for 3 to 6 hours per working day and I00 to 150 working days per year. Under Indian E conditions the reported values for working days per year ranges from 50 to I 00 bullock paired days by small, medium and large farmers. Thus, the agricultural operations-draft output are still being taken up from the aged bu! locks by the farmers. The farmers feed concentrates, green fodders and dry fodders to the,se aged bullocks and maintain the health of these animals considering them an important segment of their families. Farmers love their bullocks.

2. Age, body measuremem and body weight

The biometric and body weight of aged bullocks were within the normal range.

3. Horsepower generation/Work output

The aged bullocks on an average generated 0.68 hp/bullock, i.e.18. l % -,• less than the prime/young bullocks (0.83 hp/bullock). The aged bullocks H

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A walked comfortably with an average stride length of 1.43 meter and at the average speed of 4.49 km/hr. showing little less than young bullocks. However, these values were normal for the aged bullocks performing light/medium work of carting. These values were slightly lower than those observed in case of prime or young bullocks. This clearly indicates that the aged bullocks above 16 years of age proved their work efficiency for both light as well as medium B work in spite of the age bar. In addition to this, the experiment was conducted during the months of May-June, 2000 a stressful summer season. Therefore, these bullocks could definitely generate more work output during winter, being a comfortable season. The aged bullock above 16 years of age performed satisfactorily and disproved that they are unfit for any type of draft output C i.e. either agricultural operations, carting or other works.

4Copy pinpoint4. Physiological responses and haemoglobin concentration

These aged bullocks are fit to work for 6 hours (morning 3 hours + afternoon 3 hrs.) per day. Average Hb content (g%) at the start of work was D observed to be 10.72 g% and after 3 hours of work l 1.14g%, indicating the healthy state of bullocks. The increment in the haemoglobin content after 3 to 4 hours of work was also within the normal range and in accordance 'with prime bullocks under study as well as the reported values for working bullocks.

5Copy pinpoint5. Distress symptoms E In the initial one hour of work, 6 bullocks (3.8%) showed panting, while 32.7% after one hour of work. After 2 hour of work, 28.2% of bullocks exhibited salivation. Only 6.4% of the bullocks sat down/lied down and were reluctant to work after completing 2 hours of the work. The results are indicative of the fact that majority ofthe·aged bullocks (93%) worked normally. F Summer being a stressful season, the aged bullocks exhibited distress symptoms earlier than the prime/young bullocks. However, they maintained their physiological responses within normal range and generated satisfactory draft power.

G The study report submitted its conclusions as under:

"I. The aged bullocks ·above 16 years of age generated 0.68 horse power draft output per bullock while the prime bullocks generated 0.83 horsepower per bullock during carting-hauling draft work.

2. The aged bullocks worked satisfactorily for the light work for H continuous 4 hours during morning session and total 6 hours per

STATEOFGUJARATv. MIRZAPURMOTIKURESHIKASSABJAMAT [LAHOTI.CJ.J 635 day (morning 3 hours and afternoon 3 hours) for medium work. A

3. The physiological responses (Rectal temperature, Respiration rate and Pulse rate) and haemoglobi'l of aged bullocks were within the normal range and also maintained the incremental range during work. However, they exhibited the distress symptoms earlier as compared to prime bullocks. B

4. Seven percent aged bullocks under study were reluctant to work and/or lied down after 2 hours of work.

5. The aged bullocks were utilized by the farmers to perform agricultural operations (ploughing, sowing, harrowing, planking, threshing), transport-hauling of agricultural product, feeds and C fodders, construction materials and drinking water.

Finally, it proves that majority (93%) of the aged bullocks above 16 years of age are still useful to farmers to perform light and medium draft works." D .< With the report, the study group annexed album/photographs an?. cassettes prepared while carrying out the study. Several tables and statemen.ts setting out relevant statistics formed part of the report. A list of 16 authentic· references originating from eminent authors on the subject under study which were referred to by the study group was appended to the report. E This application (I.A. No. 2/2001) was allowed and the affidavit taken on record vide order dated 20.8.2001 passed by this Court. No response has been filed by any of the respondents controverting the facts stated in the affi_davit and the accompanying report. We have no reason to d~ubt the correctness of the facts stated therein; more so, when it is supported by the p affidavit of a responsible officer of the State Government.

Tenth Five Year Plan (2002-2007) Documents

In the report of the Working Group on Animal Husbandry and Dairy Farming, the Tenth Five Year Plan (2002-2007) dealing with 'the draught breed G relevance and improvement', published by the Government of India, Planning Commission in January, 2001, facts are stated in great detail pointing out the relevance of draught breeds and setting out options for improvement from the point of view of the Indian Economy. We extract and reproduce a few of the facts therefrom: -· H

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A "3.6.12 Relevance of draught breeds and options for improvement

3.6.12.1 In India 83.4 million holdings (78%) are less than 2 ha. where tractors and tillers are uneconomical and the use of animal power becomes inevitable since tractors and tillers are viable only for holdings above 5 ha .. In slushy and water logged fields tractor tiller is not B suitable. In narrow terraced fields and hilly regions tractors cannot function. Animal drawn vehicle are suitable for rural areas under certain circumstances/conditions viz., uneven terrain, small loads (less than 3 tons), short distances and where time of loading and unloading is more than travel time or time is not a critical factor and number of collection points/distribution points are large as in case of milk, c vegetable, water, oil, etc. In India the energy for ploughing two-thirds of the cultivated area comes from animal power and animal drawn vehicles haul two-thirds of rural transport.

3.6.12.2 The role of cattle as the main source 'of motive power for D agriculture and certain allied operations would continue to remain as important as meeting the requirement of milk in the country. It has been estimated that about 80 million bullocks will be needed. There is, therefore, a need for improving the working efficiency of the bullocks through improved breeding and feeding practices.

E 3.6.13 Development of Draught Breeds ' Focused attention to draft breed will not be possible unless a new scheme is fonnulated for this purpose.

3.6.13.2 In tracts where there are specialized draught breeds of cattle like Nagori in Rajasthan, Amritmahal and Hallikar in Karnataka, Khillar F in Maharashtra etc., selection for improvement in draughtability should be undertaken on a large scale as the cattle breeders in these areas derive a large income by sale of good quality bullocks. Planned efforts should be made for improving the draught capacity and promoting greater unifonnity in the type of the cattle population in the breeding G. tracts. There is n.eed to intensify investigations to develop yardsticks for objective assessment of draught capacity of bullocks. I.

3.6.14 Supplementation of fund-flow for cattle and Buffalo development.

3.6.14.2 A number of organizations like NABARD, NDDB, NCDC etc. H

STATEOFGU:ARATv. MIRZAPURMOTIKURESHI KASSABJAMAT (LAHOTI,CJ.) 637 are also likely to be interested in funding activities relating to cattle and buffalo development in the form of term as loan provided timely return is ensured. Time has now come for exploring such avenues seriously at least on pilot basis in selected areas, where better prospects of recovery of cost of breeding inputs and services exists."

Recognising the fact that the cow and its progeny h...-;i a ti~ificant role to play in the agricultural and rural economy of the country, the Government ....... felt that it was necessary to formulate measures for their development in all possible ways. In view of the persistent demands for action to be taken to prevent their slaughter, the Government also felt and expressed the need to review the relevant laws of the land relating to protection, preservation, development and well-being of cattle and to take measures to secure the cattle c wealth of India.

Yet another document to which we are inclined to make a reference is Mid-Term Appraisal of I 0th Five Year Plan (2002-2007) released in June, 2005 by the Government of India (Planning Commission). Vide para 5.80 the repon D ·recommends that efforts should be made to increase the growth of bio- pesticides production from 2.5 to 5 per cent over the next five years.

According to the repon, Organic farming is a way of fanning which excludes the use of chemical fertilizers, insecticides, etc. and is primarily based on the principles of use of natural organic inputs and biological plant protection E measures.

Properly managed organic farming reduces or eliminates water pollution and helps conserve water and soil on the farm and thereby enhances sustainability and agro-biodiversity. F Organic farming has become popular in many western countries. There are two major driving forces behind this phenomenon; growing global market for organic agricultural produce due to increased health consciousness; and ~ the premium price of organic produce fetched by the producers.

India has a comparative advantage over many other countries. G

The Appraisal Report acknowledged the commencement of the biogas programme in India since 1981-82. Some 35,24,000 household plants have been installed against an assessed potential of 120,00,000 units.

Biogas has traditionally been produced in India from cow dung (gobar H

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A gas). However, dung is not adequately and equitably available in villages. Technologies have now been developed for using tree-based organic substrates such as leaf litter, seed starch, seed cakes, vegetable wastes, kitchen wastes etc. for production of biogas. Besides cooking, biogas can also be used to produce electricity in dual fired diesel engines or in hundred per cent gas engines. Ministry of Non-conventional Energy Sources (MNES) is taking B initiatives to integrate biogas programme in its Village Energy Security Program (VESP). .. , Production of pesticides and biogas depend on the availability of cow- dung. c National Commission on Cattle

Vide its Resolution dated 2nd August, 200 I, the Government of India established a National Commission on Cattle, comprising of 17 members.

The Commission was given the follow terms of reference:- D (a) To review the relevant laws of the land (Centre as well as States) which relate to protection, preservation, development and well being of cow and its progeny and suggest measures for their effective implementation,

E (b) To study the existing provisions for the maintenance of Gosha/as, Gosadans, Pinjarapoles and other organisations working for protection and development of cattle and suggest measures for making them economically viable, (c) To s~dy the contribution of cattle towards the Indian economy F and to suggest ways and means of organising scientific research for maximum utilisation of cattle products and draught animal power in the field of nutrition and health, agriculture and energy, and to submit a comprehensive scheme in this regard to the Central Government,

G (d) To review and suggest measures to improve the availability of feed and fodder to support the cattle population.

The Committee after extensive research has given a list of recommendations. A few of them relevant in the present case are:-"

I. The Prohibition for slaughter of cow and its progeny, which would H

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include bull, bullocks, etc., should be included in Fundamental Rights A or as a Constitutional Mandate anywhere else, as an Article of Constitution. It should not be kept only in the Directive Principles or/ Fundamental duties as neither of these are enforceable by the courts.

2. The amendment of the Constitution should also be made for empowering the Parliament to make a Central Law for the prohibition B of slaughter of cow and its progeny and further for prohibition of their transport from one State to another.

3. The Parliament should then make a Central law, applicable to all States, prohibiting slaughter of cow and its progeny. Violation of the Law should be made a non-bailable and cognizable offence. C xxx xxx xxx

14. The use and production of chemical fertilizers and chemical pesticides should be discouraged, subsidies on these items should be reduced or abolished altogether. The use of organic manure should be D subsidized and promoted."

Thus the Commission is of the view that there should be a complete prohibition on slaughter of cow progeny.

Importance of Bovine Dung E The Report of the National Commission on Cattle, ibid, refers to an authority namely, Shri Vasu in several sub-paragraphs of para 12. Shri Vasu has highlighted the unique and essential role of bovine and bovine dung in our economy and has pleaded that slaughter qf our precious animals should be stopped. He has in extenso dealt with several uses of dung and its F significance from the point of view of Indian society. Dung is a cheap and harmless fertilizer in absence whereof the farmers are forced to use costly and harmful chemical fenilizers. Dung also has medicinal value in Ayurved, the Indian system of medicines.

Continuing Utility of Cattle : Even if the utility argument of the G Quareshi's judgment is accepted, it cannot be accepted that bulls and bullocks become useless after the age of 16. It has to be said that bulls and bullocks are not useless to the society because till the end of their lives they yield excreta in the form of urine and dung which are both extremely useful for production of bio-gas and manure. Even after their death, they supply hide H

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A and other accessories. Therefore, to call them 'useless' is totally devoid of reality. If the expenditure on their maintenance is compared to the return which they give, at the most, it can be said that they become 'less useful'. (Report of the National Commission on Cattle, July 2002, Volume I, p. 279.)

The Report of the National Commission on Cattle has analyzed the B economic viability of cows after they stopped yielding milk and it also came to the conclusion that it shall not be correct to call such cows 'useless cattle' as they still continue to have a great deal of utility. Similar is the case with other cattle as well.

"37. Economic aspects: c 37.1 The cows are slaui;htered in India because the owner of the cow finds it difficult to maintain her after she stops yielding milk. This is because it is generally believed that milk is the only commodity obtained from cows, which is useful and can be sold in exchange of cash. This notion is totally wrong. Cow yields products other than milk, which are valuable and saleable. Thus the dung as well as the urine of cow can be put to use by owner himself or sold to persons or organizations to process them. The Commission noticed that there are a good number of organizations (goshalas) which keep the cows rescued while being carried to slaughter houses. Very few of such cows are milk yielding. Such organizations use the urine and dung produced by these cows to prepare Vermi-compost or any other form of bio manure and urine for preparing pest repellents. The money collected by the sale of such products is normally sufficient to allow maintenance of the cows. In some cases, the urine and dung is used to prepare the medical formulations also. The organizations, which are engaged in such activities, are making profits also.

3 7 .2 Commission examined the balance sheet of some such organizations. The expenditure and income of one such organization is displayed here. In order to make accounts simple the amounts are calculated as average per cow per day.

It is obvious that expenditure per cow is Rs. 15-25 cow/day.

While the income from sale is Rs. 25-35 cow-day.

37.3 These averages make it clear that the belief that cows which do not yield milk are unprofitable and burden for the owner is totally

STATE OF GUJARAT''· MIRZAPUR MOTi KURESHI KASSAB JAM AT [LAHOTI, CJ.] 64]

false. In fact it can be said that products of cow are sufficient to A · maintain them even without milk. The milk in such cases is only a by product.

3 7.4 It is obvious that all cow owners do not engage in productions of fertilizers or insect repellents. It can also be understood that such activity may not be feasible for owners of a single or a few cows. In B such cases, the cow's urine and dung may be supplied to such organizations, which utilize these materials for producing finished products required for agricultural or medicinal purpose. Commission has noticed that some organizations which are engaged in production of agricultural and medical products from cow dung and urine do purchase raw materials from nearby cow owner at a price which is sufficient to maintain the cow." (Report of National Commission on Cattle, July 2002, Vol. II, pp. 68-69)

A host of other documents have been filed originating from different sources such as Governmental or Semi-governmental, NGOs, individuals or group of individuals, who have carried out researches and concluded that world-over there is an awareness in favour of organic farming for which cattle are indispensable. However, we do not propose to refer to these documents as it would only add to the length of the judgment. We have, apart from the affidavits, mainly referred to the reports published by the Government of ;/

India, whose veracity cannot be doubted. E We do not find any material brought on record on behalf of the respondents which could rebut, much less successfully, the correctness of the deductions flowing from the documented facts and statistics stated hereinabove. F The utility of cow cannot be doubted at all. A total ban on cow slaughter has been upheld even in Quareshi-1. The controversy in the present case is confined to cow progeny. The important role that cow and her progeny play in the Indian Economy was acknowledged in Quareshi-1 in the following words: G "The discussion in the foregoing paragraphs clearly establishes the usefulness of the cow and her progeny. They sustain the health of the nation by giving them the life giving milk which is so essential an item in a scientifically balanced diet. The working bullocks are indispensable for our agriculture, for they supply power more than H any other animal. Good breeding bulls are necessary to improve the

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A breed so that the quality and stamina of the future cows and working bullocks may increase and the production of food and milk may improve and be in abundance. The dung of the animal is cheaper than the artificial manures and is extremely useful. In short, the back bone of Indian agriculture is in a manner of speaking the cow and her progeny. Indeed Lord Linlithgow has truly said-"The cow and the B wor!dng bullock have on their patient back the whole structure of Indian agriculture." (Report on the Marketing of Cattle in India, p. 20). If, therefore, we are to attain sufficiency in the production of food, if we are to maintain the nation's health, the efficiency and breed of our cattle population must be considerably improved. To attain the above c objectives, we must devote greater attention to the preservation, protection and improvement of the stock and organise our agriculture and animal husbandry on modem and scientific lines."

On the basis of the available material, we are fully satisfied to hold that the ban on slaughter of cow progeny as imposed by the impugned enactment D is in the interests of the general public within the meaning of clause (6) of Article 19 of the Constitution.

Part - III

Stare Decisis E We have dealt with all the submissions and counter submissions made on behalf of the parties. What remains to be dealt with is the plea, forcefully urged, on behalf of the respondents that this Court should have regard to the principle of stare decisis and should not upturn the view taken in Quareshi-1 which has held field ever since 1958 and has been followed in subsequent decisions, which we have already dealt with hereinabove. Stare decisis is a Latin phrase which means "to stand by decided cases; to uphold precedents; to maintain fonner adjudication''. This principle is expressed in the maxim "stare decisis et non quieta movere" which means to stand by decisions and not tci disturb what is settled. This was aptly put by Lord Coke in his classic English version as "Those things which have been so often adjudged ought to rest in peace". However, according to Justice Frankfurter, the doctrine of stare dee is is is not "an imprisonment of reason" (Advanced Law Lexicon, P. Ramanatha Aiyer, 3rd Edition 2005, Volume 4, p. 4456). The underlying logic of the doctrine is to maintain consistency and avoid uncertainty. The guiding philosophy is that a view which has held the

STATE OF GUJARAT r. MIRZAPUR MOTi KURESHI KASSAB JAMAT [LAHOTI, CJ] 643

field for a long time should not be disturbed only because another view is possible.

The trend of judicial opinion, in our view, is that stare decisis is not a dogmatic rule allergic to logic and reason; it is a flexible principle of law operating in the province of precedents providing room to collaborate with the demands of changing times dictated by social needs, State policy and judicial conscience.

According to Professor Lloyd concepts are good servants but bad masters. Rules, which are originally designed to fit social needs, develop into concepts, which then proceed to take on a life of their own to the detriment of legal development. The resulting "jurisprudence of concepts" produces a C slot-machine approach to law whereby new points posing questions of social · policy are decided, not by reference to the underlying social situation, but by reference to the meaning and definition of the legal concepts involved. This formalistic a priori approach confines the law in a strait-jack~t instead of permitting it to expand to meet the new needs and requirements of changing society (Salmond on Jurisprudence, Twelfth Edition, at p. 187). In such cases Courts should examine not only the existing laws and legal concepts, but also the broader underlying issues of po !icy. In fact presently, judges are seen to be paying increasing attention to the possible effects of their decision one way or the other. Such an approach is to be welcomed, but it also warrants two comments. First, judicial inquiry into the general effects of a proposed decision tends itself to be of a fairly speculative nature. Secondly, too much regard for policy and too little for legal consistency may result in a confusing and illogical complex of contrary decisions. In such a situation it would be difficult to identify and respond to generalized and determinable social needs. While it is true that "the life of the law has not been logic, it has been experience" and that we should not wish it otherwise, nevertheless we should remember that "no system of law can be workable if it has not got logic at the root of it" (Salmond, ibid, pp.187-188).

Consequently, cases involving novel points of law, have to be decided by reference to several factors. The judge must look at existing laws, the practical social results of any decision he makes, and the requirements of fairness and justice. Sometimes these will all point to the same conclusion. At other times each will pull in a different direction; and here the judge is required to weigh one factor against another and decide between them, The rationality of the judicial process in such cases consists of explicitly and H

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A consciously weighing the pros and cons in order to arrive at a conclusion. (Salmond, ibid, pp. 188).

In case of modem economic issues which are posed for resolution in advan-:i111g society or developing country, the court r.'.lllnot afford to be static '· y <:irnp!istir.a!ly taking skelter behind pri:td~ stlcll as stare decisis, and refuse to examine the issues in the light of present facts and circumstances and thereby adopt the course of judicial "hands off". Novelty unsettles existing attitudes and arrangements leading to conflict situations which require judicial resolution. If necessary adjustments in social controls are not put in place then it could result in the collapse of social systems. Such novelty and consequent conflict resolution and "patterning" is necessary for full human development. (See - The Province and Function of Law, Julius Stone, at pp. 588, 761and 762)

Stare decisis is not an inexorable command of the Constitution or jurisprudence. A careful study of our legal system will discern that any deviation from the straight path of stare decisis in our past history has occurred for articulable reasons, and only when the Supreme Court has felt obliged to bring its opinions in line with new ascertained fact, circumstances and experiences. (Precedent in Indian Law, A. Laxminath, Second Edition 2005, p. 8).

E Given the progressive orientation of the Supreme Court, its creative role under Article 141 and the creative elements implicit in the very process of determining ratio decidendi, it is not surprising that judicial process has not been crippled in the discharge of its duty to keep the law abreast of the times, by the traditionalist theory of stare decisis (ibid, p. 32). Times and conditions change with changing society, and, "every age should be mistress of its own law" and era should not be hampered by outdated law. "It is revolting", wrote Mr. Justice Holmes in characteristically forthright language, "to have no better reason for a rule of law than it was so laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past". It is the readiness of the judges to discard that which does not serve the public, which has contributed to the growth and development of law. (ibid, p. 68)

The doctrine of stare decisis is generally to be adhered to, because well · settled principles of law founded on a series of authoritative pronouncements · H ought to be followed. Yet, the demands of the changed facts and circumstances

STATEOFGUJARATv. MIRZAPURMOT!KURESHIKASSABJAMAT [LAHO"n,CJ.j 645 dictated by forceful factors supported by logic, amply justify the need for a A fresh look.

Sir John Salmond, while dealing with precedents and illustrating instances 1)f departure by the House of Lords from its own previous decisions, states

it to be desirable as 'it would permit the House (of Lords) to abrogate previous decisions which were arrived at in different social conditions and which are no longer adequate in present circumstances. (See Salmond, ibid, at p. 165). This view has been succinctly advocated by Dr. Goodhart who said: "There is an obvious antithesis between rigidity and growth, and if all the emphasis is placed on absolutely binding cases then the law looses the capacity to adapt itself to the changing spirit of the times which has been described as the life of the law". (ibid, p.161) This very principle has been well stated by William O' Douglas in the context of constitutional jurisprudence. He says: "So far as constitutional law is concerned, stare decisis must give way before the dynamic component of history. Once it does, the cycle starts again". (See-Essays on Jurisprudence from the Columbia Law Review, 1964, at p. 20) D We have already indicated that in Quareshi-1, the challenge to the constitutional validity of the legislation impugned therein, was turned down on several grounds though forcefully urged, excepting for one ground of 'reasonableness'; which is no longer the position in the case before us in the altered factual situation and circumstances. In Quareshi-1 the reasonableness of the restriction pitted against the fundamental right to carry on any occupation, trade or business determined the final decision, having been influenced mainly by considerations of weighing the comparative inconvenience to the butchers. and the advancement of public interest. As the detailed discussion contained in the judgment reveals, this determination is not purely one of law, rather, it is a mixed finding of fact and law. Once the strength of the factual component is shaken, the legal component of the finding in Quareshi-1 loses much of its significance. Subsequent decisions have merely followed Quareshi-1. In the case before us, we have material in abundance justifying the need to alter the flow of judicial opinion. G Part - IV

Quareshi-1, re-visited :

Having dealt with each of the findings recorded in Quareshi-1, which formed the basis of the ultimate decision therein, we revert to examine whether H

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A the view taken by the Constitution Bench in Quareshi-1 can be upheld. We have already pointed out that having tested the various submissions made on behalf of the writ petitioners on the constitutional anvil, the Constitution Bench in Quareshi-1 upheld the constitutional validity, as reasonable and valid, of a total ban on the slaughter of : (i) cows of all ages, B (ii) calves of cows and she-buffaloes, male or female, and (iii) she-buffaloes or breeding bulls or working bullocks (cattle as well as buffaloes) as long as they are as milch or draught cattle. But the Constitution Bench found it difficult to uphold a total ban on the slaughter of she-buffaloes, bulls or bullocks (cattle or buffalo) after they cease to be capable of yielding milk or of breeding or working as draught animals, on the material made available to them, the ban failed to satisfy the test of being reasonable and "in the interests of the general public". It is clear that, in the opinion of the Constitution Bench, the test provided by clause (6) of Article 19 of the Constitution was not satisfied. The findings on which the above-said conclusion is based are to be found summarized on pp.684-687. Para-phrased, the findings are as follows:

(I) The country is in short supply of milch cattle, breeding bulls and working bullocks, essential to maintain the health and nourishment of the nation. The cattle population fit for breeding and work must be properly fed by making available to the useful cattle in presenti in faturo. The maintenance of useless cattle involves a wasteful drain on the nation's cattle feed. ; (2) Total ban on the slaughter of cattle would bring a serious dislocation, though not a complete stoppage, of the business of a considerable section of ~he people who are by occupation F Butchers (Kasai), hide merchant and so on. (3) Such a ban will deprive a large section of the people of what may be their staple food or protein diet. (4) Preservation of useful cattle by establishment .of gosadan is not a practical proposition, as they are like concentration camps G where cattle are left to die a slow death. (5) The breeding bulls and working bullocks (cattle and buffaloes) do not require as much protection as cows and calves do.

These findings were recorded in the judgment delivered on 23rd April,

H 1958. Independent India, having got rid of the shackles of foreign rule, was

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not even 11 years old then. Since then, the lndian economy has made much A headway and gained a foothold internationally. Constitutional jurisprudence has indeed changed from what it was in 1958, as pointed out earlier. Our socio-economic scenario has progressed from being gloomy to a shining one, full of hopes and expectations and determinations for present and future. Our economy is steadily moving towards prosperity in a planned way through five year plans, nine of which have been accomplished and tenth is under way. B We deal with the findings in Quareshi-1 seriatim.

Finding I :

We do not dispute that the country is in short supply of milch cattle, C breeding bulls and working bullocks and that they are essential to maintain the health and nourishment of the nation as held in Quareshi-1. Rather we rely on the said finding which stands reinforced by the several documents which we have referred to hereinbefore.

In the Quareshi-1 era, there was a shortage of fodder in the country. D Various plans were drawn up in the direction of exploring potential fodder areas for the future. Although, the planning was there; implementation was lacking. The Report of National Commission on Cattle, July 2002 (Vol. II) reveals that the existing fodder resources of the country can sustain and meet 51.92% of the total requirements to sustain its livestock population. But we have to take into consideration the fodder potential of the country. We have vast culturable waste land which with some efforts can be developed into good pasture land. Major part of the fallow land can be put under the plough for having fodder crops such as Jowar, Bajra and smaller millets. The combined area of several categories of land which can be developed as potential fodder area is 58.87 million hectares. If managed properly, there are areas in the country which can be developed into a "Grass Reservoir of India for use as pasture land". One very big potential area lies in Jaisaelmer District of Rajasthan (spread over 22,16,527 hectares). The Commission has recommended 23 steps to be taken by the State Government and the Central Government for development and conservation of food and fodder (See paras 37-41 of the report at pages 130-135).

So far as the State of Gujarat is concerned, we have already noticed, while dealing with the documentary evidence available on record, that fodder shortage is not a problem so far as this state is concerned and cow progeny, the slaughtering whereof has ,already shown a downward trend during the H

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A recent years, can very well be fed and maintained without causing any wasteful drain on the feed requisite for active milch, breeding and draught cattle.

Finding 2

B The finding suffers from two infirmities. First, Quareshi-1 has not felt the necessity of finding whether a 'total prohibition' is also included within 'restriction' as employed in Article 19(6). It is now well-settled that 'restriction' includes 'prohibition'. Second and the real fallacy in Quareshi-1 is that the ban limited to slaughtering of cow progeny has been held at one place to be a 'total prohibition', while in our opinion, is not so. At another place, the effect of ban has been described as causing 'a serious dislocation, though not a complete stoppage of the business of a considerable section of the people'. If that is so, it is not a 'total prohibition'. The documentary evidence available on record shows that beef contributes only I .3% of the total meat consumption pattern of the Indian society. Butchers are not prohibited from slaughtering animals other than the cattle belonging to cow progeny. Consequently, only a part of their activity has been prohibited. They can continue with their activity of slaughtering other animals. Even if it results in slight inconvenience, it is liable to be ignored if the prohibition is found to be in the interest of economy and social needs of the country.

E Finding 3 :

In the first and second Five Year Plans (Quareshi-1 era), there was scarcity of food which reflected India's panic. The concept of food sec1Jrity has since then undergone considerable change.

F 47, years since, it is futile to think that meat originating from cow progeny can be the only staple food or protein diet for the poor population of the country. 'India Vision 2020' (ibid, Chapter 3) deals with 'Food Security and Nutrition : Vision 2020'. We cull out a few relevant findings and observations therefrom and set out in brief in the succeeding paragraphs. Food availability and stability were considered good measures of food security G till the Seventies and the achievement of self-sufficiency was accorded high priority in the food policies. Though India was successful in achieving self- sufficiency by increasing its food production, it could not solve the problem of chronic household food insecurity. This necessitated a change in approach and as a result food energy intake at household level is now given prominence _ H in assessing food security. India is one of the few countries which have

STATE OF GUJARA h MIRZAPUR MOTi KU RES HI KASSAB JAMAT [LAHOTI, CJ.] 649

experimented with a broad spectrum of programmes for improving food security. A It has already made substantial progress in terms of overcoming transient food insecurity by giving priority to self-sufficiency in foodgrains, employment programmes, etc. The real problem, facing India, is not the availability of food, staple food and protein rich diet; the real problem is its unequal distribution. The real challenge comes from the slow growth of purchasing power of the people and lack of adequate employment opportunities. Another reason for B lack of food and nutrient intake through cereal consumption is attributable to changes in consumer tastes and preferences towards superior food items as the incomes of the household increases. Empirical evidence tends to suggest a positive association between the calorie intake and nutritional status. The responsiveness is likely to be affected by the factors relating to health and C e!lvironment. It is unclear as to how much of the malnutrition is due to an inadequate diet and how much due to the environment.

India achieved near self-sufficiency in the availability of foodgrains by the mid-Seventies. The trend rate of foodgrain production improved 2.3 per cent during the 1960s and 1970s to 2.9 per cent in the Eighties. The recent D economic survey of 2005 has also pointed out that the per capita availability of the milk has doubled since independence from 124 gms/day in the year 1950-51 to 229 gms/day in the year 2001-02. (Report of National Commission on Cattle. Vol. II, p. 84.)

A complete reading of the research paper on Food Security and Nutrition E (Chapter 3 in India Vision 2020) is a clear pointer to the fact that desirable diet and nutrition are not necessarily associated with non-vegetarian diet and that too originating from slaughtering cow progeny. Beef contributes only 1.3% of the total meat consumption pattern of the Indian society. Consequently a prohibition on the slaughter of cattle would not substantially affect the food consumption of th~ people. To quote (ibid. p.209) : "Even though the question of desirable diet from nutritional perspective is still controversial, we can make certain policy options to overcome the nutritional deficiencies. The most important problem to be attended is to increase the energy intake of the bottom 30 per cent of the expenditure class. The deficiency of energy intake of the bottom 30 per cent can be rectified by increasing agricultural productivity in rain fed areas, making available food at an affordable price through the Public distribution system (PDS), and other poverty alleviation programmes. The micro-nutrient deficiency can be cost-effectively rectified by supplementary nutritional programmes to the children and the expectant and lactating mothers." H

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