Protecting Cow is a Gandhian Ideal

On the other day I have been talking to a journalist on the subject of new law that has been passed in Maharashtra and has received a presidential assent, yes a law that bans cow slaughter. The journalist with whom I was talking to declared that the act to ban cow slaughter was illegal and it is taking away her fundamental rights. But then I pointed out to her that stopping cow slaughter is something that is enshrined in our constitution, i.e., in the section of Directive principles of state policy. For which her response was right to eat anything was her fundamental right that right trumps Directive principles of state policy. Though I have tried to convince her by arguing that there is something called as judicial review and Directive principles trumping fundamental rights is inherently a flawed argument but she dismissed me as a person incapable of having a conversation on this subject. This is because I have questioned her beliefs. The purpose to explain this conversation is to highlight how less informed or partial our so called intelligentsia in their assessment before passing judgements. 

Those who question this act should ask themselves one question. Have I accepted Gandhian principles? If the answer is yes, then there should be no objection to the ban on cow slaughter. Though it is a different matter that by the very word “Ban” people who are inspired by imported ideologies like communism go ballistic and shout over their voices that it is against their dietary habits etc., we shall conveniently ignore such a nuisance as it is completely democratic to ignore them.

Though it is not justiciable in any court for its non-adherence by state but the government in conducting its affairs must consider the Directive Principles as its guidelines based on which it should frame its policies. So any policy decision or act that is borne out of DPSP (Directive Principles of State Policy) is legal and stopping the cow slaughter is part of DPSP additionally it is also a Gandhian ideal, if we condemn this ideal we are essentially condemning Gandhi. In addition to banning cow slaughter there are other ideals that were close to Ganhi’s heart which are added in to DPSP by the constitution makers, creation of village panchayats for example.

During constitutional assembly debates Giani Gurmukh Singh Musafir (Representative – East Punjab) said:

I would like to say with all the emphasis at my command that these Directive Principles should be inserted under the Chapter on Fundamental Rights 

Such was the intention of our leaders on DPSP. Hence the arguments such as ban on cow slaughter taking away some one’s fundamental right are not only illogical but bereft of historical purpose envisaged by the legal luminaries who drafted our constitution

The fact that we have built our constitution by picking up the best available in the world is itself our expression of our power of assimilation, hence the incorporation of DPSP from Irish constitution. This is in line with our Vedic culture “let noble thoughts come to us from every side” – (Rig Veda 1.89.1)

Of course it is possible to see banning of cow slaughter through religious lens, but this debate is not restricted to just that. We shall understand the economics behind it. In his speech on Cow Protection in Bettiah on October 9 1917, Gandhi said:

This is not merely a religious issue. It is an issue on which hinges the economic progress of India. Economists have furnished irrefutable figures to prove that the quality of cattle in India is so poor that the income from their milk is much less than the cost of their maintenance. We can turn our gaushalas into centers for the study of economics and for the solution of this big problem. Gaushalas cost a great deal and at present we have to provide the expenses. The gaushalas of my conception will become self-supporting in future. They will not be located in the midst of cities. We may buy land in the neighborhood of a city to the tune of hundreds of acres and locate these gaushalas there. We can raise on this land crops to serve as fodder for the cows and every variety of grass 

He further stated that :

Cow protection is an article of faith in Hinduism. Apart from its religious sanctity, it is an ennobling creed

Such was the stand of Mahatma Gandhi as far as cow slaughter is concerned, so to call it as a violation of fundamental rights is not only incorrect but tantamount to calling Gandhi a violator of people’s fundamental rights

Individuals & groups with political motivations are bent up on to politicize what is essentially an apolitical issue by whipping up Muslim apprehensions and trying to equate it with Muslim rights or  minority rights, this not only amounts to political immorality but intellectual dishonesty. By and large Muslims are indeed willing to appreciate the religious sensitivities of Hindus with regard to cow slaughter as Hindus have been appreciating Muslim’s reservation about certain animals. Many states in India have laws that ban cow slaughter. It is a great tragedy that Congress led state governments play politics with this issue for the sake of vote banks. Also it is a greatest insult to Muslims as congress thinks that by such silly manoeuvres it can secure Muslim votes.

Ban on Cow slaughter will give a facelift to village economy and its self-sufficiency in addition to assisting the poor to pull themselves out of poverty and hunger, this will also lessen the burden of state in providing employment guarantees etc.,

Cow is rightly considered as mother; after all we drink her milk, even though we might have stopped feeding ourselves through our mother’s milk at an early stage of infancy, but we are fed by another mother - Cow through her milk until our death, also after death. The last thing we should be doing is to slaughter someone who has been feeding all of us like mother throughout our life. It is time to move beyond petty agonies and politics.

Other states in India should take the cue from Maharashtra and introduce state level laws banning cow slaughter or the central government should initiate the discussion for a central law banning cow slaughter.

Also Published in Niticentral Portal - http://www.niticentral.com/2015/03/15/maharashtra-cow-slaughter-ban-directive-principles-state-policy-306887.html