How Modi govt's crackdown on cattle slaughter is facing meaty resistance from states
The gazette notification number 396, issued on May 23, 2017, by the Union ministry of environment, forest and climate change, called the Regulation of Livestock Markets Rules, 2017, under the Prevention of Cruelty against Animals Act, 1960, is surely facing major heat from the meat-eating states of India.
Led by Kerala, West Bengal, and now joined in by Karnataka, Tamil Nadu, Manipur and Tripura, the respective chief ministers, or other state cabinet ministers, have gone on record to push back against the draconian central government diktat, which disallows, in fact, blanket-bans the sale of cattle intended for slaughter at the animal markets.
The biggest antagonists to the fresh cattle trade restrictions, have, mercifully, found a worthy ally in the Madras High Court, which has stayed the order for a period of one month. Though, it seems, even the judiciary is split vertically over the contentious issue, and to compensate for Madras HC’s prompt stay order, Rajasthan HC today has recommended that cow be made India’s “national animal”, replacing the tiger, which currently holds the title.
The main point of contention in the new set of rulings is the fact that while the PCA is a central Act (both the Union and state governments have oversight in it, and it’s part of the concurrent list), the regulation of livestock markets, cattle trade and slaughter, etc are the domain of the states.
That’s why we see beef ban implemented in some states, such as Madhya Pradesh, Maharashtra, Rajasthan – mostly BJP-ruled states, but not so in Kerala, Tamil Nadu, West Bengal and even the Northeastern states.
In this grim face-off over federalism, let’s look at what the states and their elected representatives have said to counter Centre’s “effective” cattle slaughter ban.
Kerala
Leading the pack is Kerala, a state of 70 per cent meat eaters, and its firebrand CM, Pinarayi Vijayan.
In fact, Vijayan has penned a strong letter criticising the cattle trade restrictions, saying its undemocratic, unconstitutional, encroaching on the powers of the state legislatures, impacting millions who are employed by the affiliated industries/sectors, and against the freedom to eat what we like.
CM Vijayan has said: "I am sure that you are already conversant with the Notification containing the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 issued by the ministry of environment, forest and climate change on 23rd May, 2017. The Rules impose a number of restriction on cattle trade which would have serious repercussions on the livelihood of millions of people, especially those in the agricultural sector, in our country.
I would therefore fervently appeal to you to convey your objection to the 2017 Rules under the Prevention of Cruelty to Animals Act to the Prime Minister, and to request him to withdraw the rules introduced without any consultation with the States. Since the matters dealt within the Rules squarely fall within the purview of State Legislatures, the State Governments may be allowed to formulate necessary policies and laws to suit the socio-cultural and economic milieu of the State.”
Kerala also organised beef festivals to protest the fresh restrictions that make slaughter cattle unavailable at livestock markets unless purchased directly from the farmer, as well as increasing by many times the paper work involved in the transaction
The “public slaughter” of calf by Kerala Youth Congress workers in protests made many from the ruling BJP camp in the Centre and in various states lash out on Twitter, even though condemnations were hard to come by when Muslims and Dalit people were lynched and killed in the name of the cow. The move was even criticised by Congress vice-president Rahul Gandhi
What happened in Kerala yesterday is thoughtless,barbaric& completely unacceptable to me &the Congress Party.I strongly condemn the incident
— Office of RG (@OfficeOfRG) May 28, 2017
It is one thing to demand absolute food freedom but the public slaughter of a cow by Congress activists in Kerala is grotesque & insensate.
— Swapan Dasgupta (@swapan55) May 28, 2017
Youth Congress Leaders slaughtering a cow against the will of their Youth Icon. Either he is not their icon or it was not against his will.
— Dharmendra Pradhan (@dpradhanbjp) May 29, 2017
Now confirmed: Cow slaughterer of Kannur, Kerala is a close aide of Rahul Gandhi. Rahul Gandhi inciting violence from Saharanpur to Kerala! https://t.co/XmUE9lnUXt
— Nupur Sharma (@NupurSharmaBJP) May 28, 2017
West Bengal
Similarly, West Bengal CM Mamata Banerjee, one of the staunchest critics of the Modi government and a formidable fighter in the battle for federalism, asked the state officials to ignore the central government notification number 396.
CM Banerjee has called the effective ban “unconstitutional”, and has stridently taken on the Centre on this issue, along with Kerala CM P Vijayan. “We won’t accept the Centre’s decision, it’s unconstitutional and we will challenge it legally,” she said, indicating the long legal tangle that stares us in the face on this issue.
“We are not bound to abide by the Centre’s new decision. This is a subject on the concurrent list. How can they bulldoze? Who are they to decide who will eat what and who will wear what?” Banerjee lashed out at the Centre, thereby demonstrating that the Opposition will be coalescing on this extremely contentious issue, that too during the Islamic holy month of Ramzan.
Tripura, Puducherry
Small states like Tripura and the Union territory Puducherry have joined in their mightier counterparts in this battle against the sureshot erosion of federalism in Indian politics. The Manik Sarkar-led Tripura government categorically said it would not abide by the Centre’s order and would continue to allow buying and selling of cattle for slaughter at the animal markets inside its territory.
Even Puducherry CM V Narayanswamy has said that he’d not implement the order, saying: “Let us decide what to eat. You (Centre) have no right to dictate us. We will not implement this order.”
Tamil Nadu
Though AIADMK’s chief minister E Palaniswami has kept quiet and has been rebuked on social media for doing so, his staunchest rival and DMK leader MK Stalin has been crusading against the diktat ever since it was notified.
Other parties such as Tamil Nadu Congress, CPI, etc too took on the chief minister, who’s perceived to be close to the Modi government at the Centre, over the CM’s purported silence. Though Tamil Nadu law minister, CV Shanmugam has reportedly said that the state government would register its protest on this issue, in the same vein as the Jallikattu ban.
Karnataka
Karnataka law minister TB Jayachandra has called the notification “unconstitutional”, and an “attempt to encroach upon powers of states”. Chief minister Siddaramaiah has said that Karnataka has no intentions of following the Central order as it’s a state issue. The CM also expressed his intentions of writing to the Centre on this matter and communicating the sentiments of the people impacted by the diktat.
What the states’ backlash means
Centre has clearly stepped on the states’ toes by issuing the Regulation of Livestock Markets, 2017 rules under the PCA 1960. The very fact that the new ruling could be “ultra vires”, or unconstitutional and contrary to the parent legislation itself, is reason enough for the states to carry on the good fight, not only to preserve the federal fabric of the Indian polity, but also to uphold the sanctity on the constitutionally guaranteed rights and freedoms – such as ones to livelihood, to eat, and so on.
In addition, the staggering impact on millions of crop and dairy farmers, those employed in beef, leather, meat and dairy industries, as well as those saddled with old and infirm animals at a cost of Rs 60-80 per day of additional fodder for an animal that now has zero resale value means that this move by the Centre would affect those who are anyway too poor themselves.
Increase in debt burdens would likely push millions of those impacted into further poverty and penury as well as cause mass starvation, diseases and other health scares among the cattle and their owners.
Centre’s move to ban trade of cattle intended for slaughter has much in common with PM Modi’s November 2016 demonetisation diktat, whose adversities far outweighed the puny benefits, if any, hitting the poor the hardest.
That the states have decided to come together and protest in one voice could mean that this is the beginning of a real campaign for opposition against the Modi-led BJP in the Centre.