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Argus News - Back-to-Back Court Orders Deal Major Setback to Secular Lobby on Bakrid Cow Slaughter| Analysis

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Cow Politics / Back-to-Back Court Orders Deal Major Setback to Secular Lobby on Bakrid Cow Slaughter| Analysis

Sanjeev Kumar Patro
Browse all articles by Sanjeev Kumar Patro
·3 hours ago·3 min read
Back-to-Back Court Orders Deal Major Setback to Secular Lobby on Bakrid Cow Slaughter| Analysis
Setback to 'Secular'

Key Points

  • * The Madras and Calcutta High Courts ruled that cow sacrifice is not a mandatory Islamic practice for Bakrid
  • * The legal decisions dealt a heavy blow to opposition and secular lobbies trying to legitimate the practice.
  • * The bans directly support Article 48 of the Indian Constitution, which protects cows and milk-giving cattle.

  • Bhubaneswar: The nation witnessed a big development this Bakrid. The attempts to legitimate cow slaughter during Bakrid have suffered a heavy legal blow.

    Two separate High Courts have ruled on the matter within days of each other. The Madras High Court and the Calcutta High Court both took a firm stand against the practice.

    The rulings are a major defeat for opposition groups and secular lobbies. For years, these groups have defended the practice as a key part of religious celebrations. However, the courts have officially delinked cow sacrifice from Islamic tradition. They ruled clearly that the practice is not mandatory.

    The Madras High Court Orders an Immediate Ban

    The Madras High Court ordered an immediate ban on cow and calf slaughter across Tamil Nadu. The decision was timed just before the Bakrid festival.

    • No Exceptions: The bench ordered senior police and state leaders to make sure no cows or calves are killed for the festival.
    • Not Essential to Faith: The judges stated that sacrificing a cow is not an essential religious practice in Islam.
    • Economic Value: The court brought back a 1976 rule meant to protect milk production and rural business.

    The court emphasized that while people have the right to practice their faith under Article 25, that right must respect local laws and public health.

    Calcutta High Court Rejects Challenges to Rules

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    Just days earlier, the Calcutta High Court refused to stop state restrictions on cattle slaughter in West Bengal.

    • Public Space Ban: The court ruled that sacrificing cows and buffaloes in open public spaces is strictly banned.
    • A Setback for Opposition Figures: The legal challenges were brought forward by several groups, including TMC MP Mohua Chaterjee. The bench dismissed these requests completely.
    • Clarifying the Law: The court ordered the state government to explicitly state in its notices that cow sacrifice is not a mandatory part of Eid.

    Both courts built their decisions on old Supreme Court judgments. The top court had already ruled that other animals can be used for the sacrifice instead.

    What the Indian Constitution Says About Cow Protection

    These two new judgments align directly with India's founding principles. The Indian Constitution has long discouraged the killing of cows.

    • Article 48 Directive: The Constitution tells the state to protect cattle. It directs governments to stop the slaughter of cows, calves, and other milk-giving animals.
    • Historical Roots: The Madras High Court noted that even historic Muslim rulers had banned cow slaughter out of respect for local civilization.

    Constitutional Framework (Article 48):

    State Duty – Prohibit Slaughter of Cows & Calves – Preserve Rural Economy

    By removing the religious shield from the practice, the courts have closed a major loophole. The back-to-back rulings make it clear that animal laws and constitutional duties come before political agendas.

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    Cow Politics | High Courts Ban Bakrid Cow Slaughter: Huge Blow to Secular Lobby | Argus English