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THE HINDU
8 EDITORIAL NOIDA/DELHI

THURSDAY, JUNE 1, 2017

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Cow slaughter and the Constitution

The governments new set of rules on cattle sale is unlikely to withstand judicial scrutiny
dom of religion. The Supreme
Court rejected these arguments
and upheld the laws, but it did so by
Politics and propriety focussing its reasoning entirely on
apparent economic considera-
The framing of charges against Uma Bharti tions. Detailed analyses of agricul-
tural output and milch yields give
makes her continuance as Minister untenable gautam bhatia these judgments a strained, almost
unreal quality. Much like the Draft-
mits. There is a strong argument,
therefore, that the rules are invalid.
Furthermore, if indeed the pur-
pose of the rules was to prevent
cruelty to animals, then why is
their scope limited only to cattle
and to camels? It is true that the
government is always at liberty, for
reasons of administrative conveni-

W
ith the Supreme Court invoking its ex-
ver the last few days, the ing Committee, it was as if the court ence or otherwise, to choose and
traordinary powers under Article 142 of the
Constitution to pass decrees and orders to
ensure complete justice in the case relating to the de-
O Central governments new
Prevention of Cruelty to An-
imals (Regulation of Livestock Mar-
was unwilling to admit and to up-
hold the possibility of non-eco-
nomic considerations behind such
categorise the subjects to whom its
actions will apply; but while under-
inclusiveness is not generally a
molition of the Babri Masjid, and reviving the criminal ket) Rules have run into strong laws, as though this would shatter ground for a court to invalidate ex-

KAMAL NARANG
conspiracy charges against senior BJP leaders L.K. Ad- headwinds. These rules, which ef- the thin facade of secularism to ecutive action, in the present case,
vani, Murli Manohar Joshi, Uma Bharti and Vinay Kati- fectively prohibit the sale of cows which the Constitution remained there seems no rational basis for
yar, the CBI Special Court in Lucknow could not but and buffaloes for slaughter at an- (ostensibly) committed. limiting the reach of an anti-cruelty
imal markets, and are therefore regulation to only some animals. At
have framed charges against them. Over the last 24
perceived as imposing an indirect cultural and economic arguments, and unsatisfactory. Shibban Lal A possible answer the very least, in law, this casts seri-
years, poor investigation and weak prosecution com- beef ban, have been the subject of invoking the sentiments of thirty Saksena objected to such back The disingenuousness that ous doubts about the governments
bined with inordinate judicial delays ensured they did protests in Kerala and Tamil Nadu, crores of population on the one door tactics, and asked why the marked the Constituent Assembly motivation and justification for its
not have to stand trial for making provocative speeches and have drawn strong condemna- hand, and the indispensability of Drafting Committee was ashamed debates, that was written into final rules.
that allegedly incited kar sevaks to demolish the masjid. tion from West Bengal Chief Minis- cattle in an agrarian economy on of providing for [the prohibition of text of Article 48, and that has been One might wonder why the
With the Supreme Court ordering this case to be ter Mamata Banerjee. With the the other. cow slaughter] frankly and boldly inscribed into 50 years of the Su- Central government chose to take
clubbed with the one involving the actual demolition by Madras High Court on Tuesday There was one small, snag, how- in so many plain words. preme Courts jurisprudence, has such a momentous step armed with
staying the rules for four weeks, the ever: fundamental rights were Z.H. Lari, one of the Muslim rep- found its latest avatar in the present such a flimsy defence. The only
unnamed kar sevaks, and directing day-to-day trials, battle has swiftly moved to the meant to inhere in human beings, resentatives in the Assembly, stated rules. This time, the Central gov- possible answer seems to be that
there is hope that the years of delay are over. India has a court as well. And with this, apart not animals. After much debate, that his community would not ernment has invoked a Supreme had it gone with the traditional,
poor record in finding speedy judicial resolution in in- from the political turmoil, legal and the Constitutions Drafting Com- stand in the way of the majoritys Court order on cattle smuggling economic justification for an (ef-
stances of mob violence and communal riots; in that constitutional fault lines have also mittee agreed upon a compromise: desire, but nonetheless asked that across the Nepal border, as well as a fective) ban on cow slaughter, it
sense, the Babri Masjid cases are perhaps unexcep- been reopened, causing much un- prohibition of cow slaughter would the majority express itself clearly 1960 law, the Prevention of Cruelty would have run up against an insur-
tional. But given the historical importance of the case, certainty about what the outcome find a place in the Constitution, but and definitely, so that Muslims to Animals Act, as its justification. mountable constitutional diffi-
will be. not as an enforceable fundamental could know exactly what the posi- However, the Supreme Courts culty: under our constitutional
and the impact of the demolition on communal har-
right. It would be included as a tion was on cow slaughter. How- order makes no mention of cattle scheme, agriculture and the
mony, it is vital to see them through to the end. In the Constituent Assembly Directive Principle of State ever, clear and definite expression slaughter, and a reading of the Act preservation of stock fall within
Both Mr. Advani and Mr. Joshi are in the twilight of This dispute has a history, which Policy, which was meant to guide on the issue of cow slaughter was demonstrates clearly that it does the exclusive legislative compet-
their political careers, wielding little power or influence goes back to the founding of the Re- the state in policymaking, but one thing that the Assembly was not contemplate prohibiting an- ence of the States. This is the
in the BJP. Ms. Bharti is, however, a Union Minister, and public. During the framing of the could not be enforced in any court. unwilling to commit to. Article 48, a imal slaughter per se. Not only does reason why, historically, different
the Narendra Modi government cannot pretend that Constitution, the subject of cow Furthermore, in its final form, this provision that was grafted out of a it specifically exempt slaughter of cow slaughter laws have been
the development has no bearing on her continuance in slaughter was one of the most Directive Principle (Article 48 of compromise that left nobody satis- animals for food, it also provides passed by different States. It is to
fraught and contentious topics of the Constitution) carefully ex- fied, came into being with the rest for advice on the design of get around this that the Central gov-
the Council of Ministers. The BJP has tended to under-
debate. Seth Govind Das, a mem- cluded the question of religious of the Constitution, on January 26, slaughterhouses, so that unneces- ernment has invoked the Preven-
play the significance of the case on the ground that it is ber of the Constituent Assembly, sentiments. Nor did it require the 1950. sary pain or suffering, whether tion of Cruelty to Animals Act, a
political in nature. But this simply does not wash as framed it as a civilisational [prob- state to ban cow slaughter outright. physical or mental, is eliminated in subject on which both the Centre
the revival of criminal conspiracy charges against them lem] from the time of Lord Instead, under the heading Organ- In the Supreme Court the pre-slaughter stages as far as and States can make laws.
was done at the instance of the Supreme Court. In op- Krishna, and called for the prohib- isation of Agriculture and Animal The fundamental disingenuous- possible. What this has resulted in is a
position, the BJP had been quick to demand the resigna- ition of cow slaughter to be made Husbandry, Article 48 says the ness that underlay Article 48 was to Now, under our legal and consti- badly drafted set of rules, which is
tion of ministers for much less than being part of the Constitutions chapter state shall organise agriculture be repeated, many times over, in tutional system, an executive noti- unlikely to withstand judicial scru-
on fundamental rights, on a par and animal husbandry on modern constitutional litigation before the fication cannot even go beyond the tiny. It is also, however, an oppor-
chargesheeted. The argument that the standards of
with the prohibition of untouchab- and scientific lines and shall, in par- Supreme Court. Right from 1958, specific terms and ambit of the par- tunity for citizens and courts to
propriety that apply in corruption cases are different ility. In this, he was supported by ticular, take steps for preserving the Supreme Court was asked to ad- ent law from which it derives its au- think once again whether the pre-
from those that apply in a criminal case of this nature is other members of the Constituent and improving the breeds, and pro- judicate upon the constitutional thority. The governments new scription of food choices is consist-
absurd. Even by the lax standards of todays political Assembly, such as Shibban Lal Sak- hibiting the slaughter, of cows and validity of cattle slaughter bans rules, however, go even further: by ent with a Constitution that prom-
morality, it is important to draw the line somewhere sena, Thakur Das Bhargava, Ram- calves and other milch and draught passed by various States. Petition- prohibiting the sale of cattle for ises economic and social liberty to
and framing of charges is a good stage given that it is a narayan Singh, Ram Sahai, Raghu cattle. ers before the court argued that a slaughter at animal markets, they all.
formal document drawn up by a court of law. Rather Vira, R.V. Dhulekar and Chaudhari Members of the Constituent As- prohibition of cow slaughter viol- contravene the Prevention of
Ranbir Singh. Proponents of a cow sembly found these incremental ated their rights to trade and busi- Cruelty to Animals Act by specific-
than defend Ms. Uma Bharti, the Modi government Gautam Bhatia is a Delhi-based lawyer
slaughter ban advanced a mix of compromises both unprincipled ness, and also their right to free- ally forbidding what that Act per-
would do well to consider the example set by none
other than Mr. Advani himself, who resigned as a Mem-
ber of Parliament in 1996 after he was implicated in the
Jain hawala case, in which the court later held that there
was no material to frame charges against him. For a gov-
ernment that makes much of standing for probity in
This time for Africa
public life, the application of different standards to one
Sustained India-Japan cooperation in Africa can match China's substantial outreach
of its own is bound to damage its image. Ms. Bhartis ent, the Vice President and the industrial networks. The strategy print in Africa. An urgent need ex-
guilt or innocence is for the courts to establish. Political Prime Minister have visited 16 encompasses India-Japan collabor- ists for them to increase the scope
propriety demands that she be shown the door. African countries in the east, west, ation for accelerating development of their development projects, cre-
north and south. After assuming in Africa together with other like- ate synergy among themselves, en-
office in 2014, I have made Africa a minded countries such as the gage proactively with other willing
top priority for Indias foreign and United States, Germany, France partners, and thus turn the
Uncertain times rajiv bhatia
economic policy, Mr. Modi said at
the AfDB meet.
and probably the United Arab
Emirates and Singapore.
concept of the AAGC into a viable
reality.
GETTY IMAGES/ISTOCK

The major terror strike in Kabul underlines The authors of the vision docu-

I
ndia-Africa engagement is get- A growth corridor Differences in approach ment plan to produce within a year
a rapidly deteriorating security situation ting stronger with the active in- What attracted the attention of me- The very mention of the AAGC ex- an AAGC Vision Study based on a
volvement of political and busi- dia, diplomatic and strategic com- cited many observers. A few in the geographical simulation model

A
fghanistan is no stranger to terror attacks. Even
ness leaders of both sides. This was
so, the repeated strikes in the most fortified areas reflected in deliberations at the an-
with mounting casualties demonstrate a steadily nual meeting of the African Devel-
deteriorating security situation. In April, the Taliban opment Bank (AfDB) recently. The
had targeted an army base in Mazar-e-Sharif, killing AfDBs decision to hold its meeting
over 100 soldiers. Now, at least 90 people, mostly civil- here in Gandhinagar, Gujarat,
ians, have been massacred in a suspected truck bomb demonstrated its confidence in re-
cent achievements and future pro-
blast in Kabul. The Wazir Akbar Khan area where the
spects of the Indian economy. It
blast occurred is one of the most secured places in the also confirmed Africas growing in-
city, given its proximity to the presidential palace and terest in connecting more extens-
embassies, including Indias. Still, a terrorist managed ively with India Inc. AfDB presid-
to drive in with a vehicle full of explosives and detonate ent Akinwumi Adesina called India
it. It is not immediately clear who is behind the attack. a developing beacon for the rest
The Taliban have denied any role, saying they dont kill of the world, adding that the time
was right for India and Africa to
civilians. Afghanistans jihadist landscape has been di-
forge winning partnerships.
versified. There are multiple Taliban splinter groups This conference came against
that do not accept the current leadership of the insur- the backdrop of the historic third
gency. And then there is the Islamic State, which oper- India-Africa Forum Summit in Oc-
ates from eastern Afghanistan and had targeted civil- tober 2015 when all 54 African na-
ians in the recent past. Amid all this, the Afghan tions had sent their representat-
ives, 41 of them at the level of head
government is struggling to win a modicum of public
of state or government. African
confidence that it can turn things around. Since most governments have also been ap-
American troops withdrew from Afghanistan in 2014, preciative of Indian leaders unpre-
terror attacks have been on the rise. Last year was par- cedented readiness to visit Africa.
ticularly bloody, with over 11,500 people having been In the past two years, the Presid-
killed or injured even as the Afghan governments writ
shrunk to just over half of the countrys 407 districts.
The problem has political, diplomatic and security LETTERS TO THE EDITOR
dimensions. Politically, the government is seen to be
corrupt, incompetent, and unable to get its act to- Food security
There is global consensus
gether. Vice-President Abdul Rashid Dostum, who faces
on the need to address the
allegations of sexual abuse, has fled the country. Presid- issue of food security,
ent Ashraf Ghani and Chief Executive Abdullah Abdul- especially in the developing
lah are reportedly not on the same page on key issues. economies that are striving
Corruption is pervasive across government depart- hard to improve their
ments, and Mr. Ghani is yet to begin delivering on his socioeconomic parameters
promise to streamline governance. The diplomatic and ensuring better welfare
of their citizens. Its the
challenge before Mr. Ghani is to cut off the Talibans
critical responsibility of the
supplies from abroad. It is an open secret that Pakistan state to provide its citizens
is supporting the insurgency. There were reports re- with a sufficient quantity of
cently that Iran and Russia may also be arming them for food, and of globally
acceptable standards. India,
geopolitical reasons. Unless the Taliban are cut off from
with its burgeoning
their external backers, Kabuls writ will remain circum-
population, faces the
scribed. The security challenge, perhaps the most im-
problem of meeting ever-
portant one, is that the Afghan army, after years of re-
rising consumption needs
lentless war, is demoralised. Though Afghanistan has a of its people. At the same
170,000-strong army, the main combat operations are
time, it has to ensure that
overseen by a small U.S.-trained contingent. They are there is no overexploitation
stretched on the battlefield, given the challenges from of limited resources. This
different militant groups. The question is, what is Mr. balance between nurture
and nature is in the
Ghanis government doing in the face of these chal-
backdrop of growing
lenges? Do its international backers, including the U.S.,
pressure on available food
have any plan to stabilise Afghanistan, and if so, what resources. A way out is to
priority do they accord it? As things stand, the country shift to sustainable
is at risk of sliding back to the chaos of the 1990s. production methods, effect
behavioural changes among
munities was the release by Mr. media asked experts whether this which will estimate the economic
Modi of a vision document on the would be Indias answer to Chinas impact of various trade and trans-
Asia Africa Growth Corridor aster management, and skill en- One Belt One Road. The honest an- portation facilitation measures.
(AAGC). This study was jointly hancement. It will have special swer is in the negative as the ap- The three institutions will then re-
produced by three research insti- focus on the following geograph- proaches of India and China to- commend the way forward to
tutions of India and Japan Re- ies: Africa, India and South Asia, wards Africa are essentially deepening the Asia-Africa partner-
search and Information System for Southeast Asia, East Asia and different. China concentrates on ship.
Developing Countries (RIS), New Oceania. This study indicates a infrastructure and cheque-book If New Delhi and Tokyo are
Delhi; the Economic Research In- preference for turning the 21st cen- diplomacy, whereas India pro- anxious to make a difference, the
stitute for ASEAN and East Asia tury into an Asian-African century, motes a broader spectrum of co- most important task for them is to
(ERIA), Jakarta, and the Institute of and not just an Asian century. operation projects and pro- immediately initiate a few joint pi-
Developing Economies Japan Ex- The idea of a growth corridor grammes focussed on the lot projects involving the compan-
ternal Trade Organisation (IDE- linking Asia and Africa stemmed development of Africas human re- ies of India, Japan and a few
JETRO), Japan in consultation from discussions between Japan- sources. China goes solo, while In- African countries such as Kenya,
with other Asian and African think ese Prime Minister Shinzo Abe and dia is desirous of working with Ethiopia and Mozambique in iden-
tanks. It envisages closer engage- Mr. Modi in November 2016, in other willing nations to assist tified areas such as health care, ag-
ment between India and Africa for light of talks between the two gov- Africa as per the latters priorities. riculture and blue economy. Un-
sustainable and innovative devel- ernments in earlier years. Con- Besides, while committed to a vol- less results become visible in the
opment, and will be anchored to vinced of the rising importance of untary partnership with Africa, In- short term, questions may arise
four pillars: development and co- the Indo-Pacific region as the key dia is not prescriptive, as Union about the credibility of their joint
operation projects; quality infra- driver for prosperity of the world, Finance Minister Arun Jaitley ex- approach. Chinas substantial suc-
structure and institutional con- the two leaders decided to seek plained. This enlightened ap- cess needs to be matched by sus-
nectivity; enhancing capacities synergy between Indias Act East proach offers limitless possibilit- tained India-Japan cooperation in
and skills; and people-to-people Policy and Japans Expanded ies for India-Africa cooperation. Africa.
partnership. The AAGC will accord Partnership for Quality Infrastruc- Nevertheless, it should be
priority to development projects ture. This synergy would be re- reckoned that India and Japan do Rajiv Bhatia is Distinguished Fellow,
in health and pharmaceuticals, ag- flected in better regional integra- not have the luxury of time in view Gateway House, and a former High
riculture and agro-processing, dis- tion, improved connectivity and of Chinas rapidly expanding foot- Commissioner to South Africa and Kenya
Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
people and make them story. The matter is even India and also one which Now that there are forecasts around their limits are not
realise the need to revisit worse in the case of fruits shows little promise of of a fairly good monsoon, polluted by wastewater.
the relationship between and vegetables. The growth in the near future, the time has come to People across India have
man and the environment. problem lies in the lack of the claim that it, the Left educate individuals and undergone severe hardships
The integration of forward linkages. It is read CPI(M) is the communities about the and this must be taken as an
technological and strange that this issue hasnt principal enemy of the utmost importance of opportunity to ingrain in
innovative advancements in caught the attention of our Bharatiya Janata Party in the rainwater harvesting them forgotten water
this area can help curb the mainstream political parties country is far-fetched (The programmes. It should be a conservation techniques.
serious issue of food and the media. Its quite Wednesday interview: part of every State Being assured of rain should
wastage. The problem of ironic that the recent Pinarayi Vijayan For the governments mission and not make us forget the
food security is a burning government order BJP, the Left is its principal vision. hardship of previous
one and entails an regulating the sale of meat enemy, May 30). Every civic body across months (Editorial
existential crisis for millions on the grounds of animal Kerala Chief Minister India should be responsible Monsoons here, May 31).
(Editorial page, Thought welfare will end up Pinarayi Vijayan has painted for ensuring near total A. Thirugnanasambantham,
for food, May 31). depriving the poor of their a rosy picture of several sewage treatment and Coimbatore
only source of protein. It policies and programmes of ensuring that rivers and more letters online:
Atin Sharma,
www.hindu.com/opinion/letters/
Jammu appears to be a blatant the LDF government, with freshwater sources in and
attempt at culturally some of them showing
corrections & clarifications:
India achieved self- homogenising India. positive signs. But the
sufficiency in food Politicians must stop Achilles heel of the CPI(M) In the report Babri case: Advani, Joshi, Bharti charged with
criminal conspiracy, the date of the Babri Masjid demolition was
production thanks to the cherry-picking issues with in Kerala is its party-first
wrongly mentioned as December 9, 1992. It is December 6, 1992.
Green Revolution. But political potential and over people-first
In the From The Hindu Archives column (May 31, 2017, early
despite this, it has the one of instead show more interest approach.
editions), the date of publication corresponding to the Fifty years
the largest percentages of in the general welfare of the Ayyasseri Raveendranath,
ago entry Sino-Pakistan line-up against India was erro-
malnourishment and country. Aranmula, Kerala
neously given as May 31, 2017. It should have been May 31, 1967.
growth stunting. Surplus Arjun K.V.,
It is the policy of The Hindu to correct significant errors as soon as possible. Please specify
foodgrain rotting in Hertfordshire, U.K. Harvesting the rains the edition (place of publication), date and page. The Readers Editors office can be
godowns across India while India has braved one of the contacted by Telephone: +91-44-28418297/28576300 (11 a.m. to 5 p.m., Monday to
the underprivileged are Lefts standing worst droughts of the recent Friday); Fax: +91-44-28552963; E-mail:readerseditor@thehindu.co.in; Mail: Readers
Editor, The Hindu, Kasturi Buildings, 859 & 860 Anna Salai, Chennai 600 002, India.
deprived of sufficient food For the Left, a party with a past without too many All communication must carry the full postal address and telephone number. No personal
intake are two sides of the modicum of presence in calamitous consequences. visits. The Terms of Reference for the Readers Editor are on www.thehindu.com

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