What is the ‘Assam Cattle Preservation Bill, 2021’ all about? writes Ananda Debsharma

July 12: After India attained Independence, the members of the Constituent Assembly, a body consisting of indirectly elected representatives, set up for the purpose of drafting a constitution for India, debated the question of making a provision for the protection and preservation of the cow in the Constitution of India. An amendment for including a provision in the Directive Principles of State Policy as Article 38A was introduced by Pandit Thakur Dass Bhargava. The amendment read, “The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall in particular take steps for preserving and improving the breeds of cattle and prohibit the slaughter of cow and other useful cattle, specially milch and draught cattle and their young stock.” After prolonged debate in the Constituent Assembly, the Bhargava’s amendment was carried and the Article in its present form exists as Article 48 of the Constitution, as one of the Directive Principles of State Policy.

There are Union, State and Concurrent list of legislative powers. The preservation, protection and improvement of stock and prevention of animal disease, veterinary training and practice comes under the State List. This means that individual States have exclusive powers to make laws regarding slaughter of cattle under their jurisdiction.

It is in this backdrop that Assam Chief Minister Dr. Himanta Biswa Sarma on 12 July, 2021 introduced the “Assam Cattle Preservation Bill,2021” in the State Legislative Assembly, to include sufficient legal provisions for the preservation of cattle by regulating their slaughter, consumption, illegal transportation by repealing “The Assam Cattle Preservation Act,1950.”

The Assam Cattle Preservation Act, 1950 was enacted and published in the Assam Gazette, dated 25^th day of April,1951 which governs the slaughter of cattle in Assam. Slaughter of all cattle, including bulls, bullocks, cows, calves, male and female buffaloes and buffalo calves is prohibited. Slaughter of cattle is permitted on obtaining a “fit-for-slaughter” certificate, to be given if the cattle is over 15 years of age or has become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease. Anyone violating the law can be punished with imprisonment up to maximum of 6 months or fine of up to ₹ 1,000 or both. The crime is treated as a cognizable offence.

Cattle are revered in our society from time immemorial.

Respecting our deep-rooted belief system & agricultural necessity, we've tabled Assam Cattle Preservation Bill, 2021 in Assembly to regulate slaughter, consumption & transportation of cattle. https://t.co/M1RfYmbps7

— Himanta Biswa Sarma (@himantabiswa) July 12, 2021

Under the new “Assam Cattle Preservation Bill, 2021”, a “Cattle”, “Beef” and “slaughter” has been defined under Section 3(b), 3(C) and 3(k) respectively. ‘Slaughter’ means killing by any method whatsoever and includes maiming and inflicting of physical injury, which in the ordinary course shall cause death. But killing of a cattle by accident shall not be considered as slaughter under this new Act (presently Bill). Section 4 of this Bill clearly prohibits the slaughter of cattle. According to this Section, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter of any cattle. But Section 5 of the said Bill clearly prohibits slaughter of cattle only without certificate from competent authority. Section 5(2) of the bill says that no certificate shall be issued unless the veterinary officer is of the opinion that-(a) the cattle, not being a cow, is over fourteen years of age ,or (b) the cattle, not being a cow or heifer or calf, has become permanently incapacitated from work or breeding due to accidental injury or deformity.

Section 6 provides prohibition of slaughter of cattle in places other than a slaughter house. Section 7 deals with the provision regarding prohibition on transport of cattle. No person shall transport or offer for transport or cause to be transported any cattle, without valid permit from-(i) one place of other state through Assam to any place outside state of Assam (ii) any place within the state of Assam to any place outside the state of Assam where slaughter of cattle is not regulated by law (iii) from any place of other state to any place within the state the slaughter whereof is punishable (iv) from any place of within the state to any other place within the state the slaughter whereof is punishable. No permission shall be required for carrying cattle to gazing filed or for agricultural or animal husbandry purposes, to and from registered Animal Market for the purpose of sale and purchase of such cattle within the district.

As per Section 13 of the “Assam Cattle Preservation Bill, 2021”, whoever contravenes any of the provisions contained under Section 5, 6 & 7 as discussed above, shall be guilty of an offence punishable with imprisonment for a term which shall not be less than three years and which may extend to eight years and with fine, which shall not be less than three lakh rupees and may extend to five lakh rupees or with both. Provided that after considering facts and circumstances of a case and after hearing the Public Prosecutors on the question of sentence, the trial court may, for the reasons recorded in writing, impose lesser punishment than the minimum prescribed penalty under this section. Whoever after conviction of an offence, under this Act is again found to be guilty of an offence under this Act shall be punished with double the punishment provided for the said offence for the second and subsequent conviction.

Section 8 of the Bill lays down the provision regarding prohibition on sale of beef and beef products. No person shall directly or indirectly sale or offer or expose for sale or buy beef or beef products in any form except at places permitted to do so by the competent authority. No such permission shall be granted in such area or areas which are predominantly inhabited by Hindu, Jain, Sikh and other non-beef eating communities or within a radius of 5 kilometers of any temple, satras or other religious institutions belonging to Hindu religion or any other institution or area as may be prescribed by the competent authority.

According to this Bill, a police officer not below the rank of Sub-Inspector of Police or Veterinary Officer or the persons authorized on behalf of the State Government may seize materials or cattle or vehicle etc. which have been or likely to be used in commission of the offences. The expenditure incurred on the maintenance of the seized cattle shall be recovered from such person as prescribed in the rules. The cattle so seized may be handed over to an institution established under section 20 of the Act or any existing Gaushala.

Section 22 of the Bill has given the power to the state government to make rules for the purpose of this Act. Section 14 of the “Assam Cattle Preservation Bill, 2021” says notwithstanding anything contained in the Cr.P.C, all offences under this Act shall be cognizable and non-bailable. Section 18 of the Bill says no suit, prosecution or other legal proceeding shall be instituted against any person for anything, which is in good faith done or intended to be done under this Act or the rules made thereunder.