Anti-cow slaughter Act: No coercive action on transporters, state tells HC

The Karnataka government on Wednesday informed the High Court that no coercive action has been taken against the transportation of cattle under the Karnataka Prevention of Slaughter and Preservation of Cattle Act 2020.

Advocate General (AG) Prabhuling K Navadgi was responding to concerns raised by the counsel for the petitioners that coercive action was initiated in spite of the interim directions by the court in regard to the transportation of cattle.

A division bench headed by Chief Justice Abhay Shreeniwas Oka was hearing a batch of petitions challenging the new Act and posted them to Monday for fixing the date for final hearing. During the hearing, AG submitted that 29 cases were registered under the provisions of the new Act. He said 18 cases were registered in relation to slaughtering under Section 6 and 11 cases registered for transportation of cattle under Section 5 of the Act. AG said that a majority of cases registered under Section 5 were due to non-communication of the directions issued. He said the circular will be issued again instructing authorities not even to register FIRs under Section 5.

Meanwhile, the state government has defended the legislation by claiming that it is already covered by the 2005 judgment of the Constitution Bench of the Supreme Court. In its statement of objections, the state government quoted the 7-judge bench order that has rejected the challenge to the Gujarat Animal Preservation Act, 1954.

It is also stated that in a recent case, filed challenging the Maharashtra Animal Preservation Act, 1976, and amendments, the judgment of the Bombay High Court in 2016 addressed the very grounds raised by the petitioners. Those grounds were rejected by the Bombay High Court and the constitutionality of the legislation was upheld.

The state government has also quoted the Karnataka Economic Survey 2020-21. It said while agriculture contributes Rs 1,28,045 crore, cattle contribute 52,688 crores to the Gross State Domestic Product. “Given that approximately 80% farmers in Karnataka have less than two hectares of landholding, reliance on cattle rather than tractors for farming is significant,” the statement said.