In an environment that is fast getting vitiated due to increasing incidents of cow vigilantism and violence in the name of cow protection, it is a good idea to know about Cow Protection Laws in each Indian states. The Law has created both, the legal and institutional backdrop, within which gau rakshaks and lynch mobs can operate with impunity. Cow Protection Act 2017 came up for saving the life of cows.

It is the protection and sanctity provided by laws against cow slaughter that have resulted in a close nexus between the local police and cow vigilantes, resulting in most of the lynching murders all over country. States with the strictest laws reported higher incidents of lynching’s – nine cases in Haryana, eight in Uttar Pradesh, seven in Rajasthan, six in Jharkhand and five in both Delhi and Gujarat, together accounting for almost 54% of the total reported cases. Karnataka is an exception; high incidents (relatively) but not so strict laws.

Responding to a question in the Rajya Sabha on 26 July 2019, the government stated that with the exception of 5 States (Kerala, Arunachal Pradesh, Meghalaya, Mizoram & Nagaland) and 1 Union Territory i.e. Lakshadweep, the rest of the States/UTs have legislation on the slaughter of cows.

Even among the States where related legislation exists, there are differences in the scope of the law and the punishment for offences. Furthermore, while there are laws preventing the slaughter of cow and cattle (with a varying definition of what is included in the scope), there is no explicit legislation which prevents the consumption of beef.

In States/UTs including Delhi, Gujarat, Haryana, Himachal Pradesh, J&K, Punjab, Rajasthan, U.P & Uttarakhand, the slaughter of Cow and its progeny including bulls & Bullocks of all ages is completely banned.  Under the Cow Protection Act UP slaughter of cow (heifer or calf), bull or bullock is prohibited entirely. The sale or transfer of beef is also prohibited.

While the laws are strict around the slaughter of cows in a few of the states, the slaughter of buffalo is permissible under the law under certain conditions. (For example, Gujarat, U.P, etc. allow for the slaughter of buffaloes)

In general, the slaughter of calves is prevented across all definitions of Cattle. States like Himachal Pradesh, J&K (including Ladakh) & Chhattisgarh make the slaughter of buffalo a cognizable offence. Karnataka with its new legislation joins these states.

The nature of offence also varies among the states. In few of the States/UTs – Delhi, Goa, Haryana, Himachal Pradesh, Punjab, Puducherry, Rajasthan, U.P & Uttarakhand, any violation of the law relating to cattle slaughter is considered as both cognizable and non-bailable offences.  In the rest of the states, the violations are cognizable offences.

The decision to bring a law against cattle transportation did not come as a surprise to the people of Assam and has been widely welcomed. The previous BJP government faced a lot of criticism over rise of illegal cattle smuggling along the India-Bangladesh border despite the deployment of adequate security forces. According to the Union government, the Border Security Forces seized 476,035 head of cattle between 2016 and 2020 along the Indo-Bangla border. Assam shares 263 km of border with Bangladesh, out of which 143.9 km is land and 119.1 km is riverine. Between December 1, 2019, and November 30, 2020, a total of 24,060 cows were seized from the Assam-Bangladesh border.

The stated intent of the new legislations in these states is to ensure the protection of cows and other bovine population. However, the non-uniformity in the laws across the states creates a situation of illegal transportation to the states where slaughter is allowed. There are also accusations from human rights groups and civil society that the laws are being misused. In addition, there are challenges in the implementation of these laws since most farmers and cattle rearers find it difficult to maintain the cattle beyond their productive age.