Cow-Slaughter Prevention
Uttar Pradesh cabinet approves draft Cow-Slaughter Prevention (Amendment) Ordinance, 2020
Uttar Pradesh Cabinet approved Cow-Slaughter Prevention (Amendment) Ordinance, 2020. The amendments are aimed to protect the cow and prevent crimes related to cow slaughter. The proposed law has also inserted a penal provision of Imprisonment of up to 7 years for physical damage to cow, and fine up to Rs 3 lakh in cases related to cow slaughter.
It was necessary that cow slaughter act be made more robust and effective. Considering these points, the Cabinet decided to amend the cow slaughter act, 1955, the cabinet observed during the meeting.
Section 5 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (as amended) suggests punishment for transportation of bovine animals. It also attracts punishment if there is danger to their lives through physical damage or mutilation. If someone puts the life of cow in danger by not providing food and water with the intention of endangering their life, rigorous imprisonment may be awarded for at least 1 year, which may extend to 7 years.
The expenditure incurred on the maintenance of the captured cows will be recovered from the owner of the vehicle for a period of one year or until the cow or bovine is released, whichever is earlier, according to to the proposed legislation.
In case someone is guilty of an offense under the new act, after conviction shall be punished with double penalty provided for this offense for second conviction. The promulgation of this ordinance will enable the conservation and preservation of bovine animals effectively.
The Uttar Pradesh Prevention of Cow Slaughter Act, 1955
- Section 2 - Definitions
Note: Terms defined by a definition clause will assume the meaning provided throughout the statute. The following definitions will therefore aid you throughout your interpretation of this Act
In this Act, unless there is anything repugnant in the subject to context--
(a)'beef means flesh of cow but does not include such flesh contained in sealed containers and
imported as such into Uttar Pradesh;
(b)'cow' includes a heifer, or calf;
(c)'Goshala' means a Goshala registered under the Uttar Pradesh Goshala Adhiniyam, 1964]; (cc)'Institution' means an institution established under Section 6;
(d)slaughter' means killing by any method whatsoever and includes maiming and inflicting of physical injury which in the ordinary course will cause death; (e)'State Government' means the Government of Uttar Pradesh
- Section 3 -
Note: This section makes it illegal to slaughter a cow, bull or bullock anywhere in Uttar Pradesh
No person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter, a cow, bull or bullock in any place in Uttar Pradesh, anything contained in any other law for the time being in force or any usage or custom, to the contrary notwithstanding.
- Section 4 - Section 3 not to apply to diseased, or under experimentation cows -
Note: This section carves out exceptions where it will be permissible to slaughter cows which have infectious diseases or cows which are certified necessary for slaughter by the State Government in the interest of research for public purposes.
(1) Nothing in Section 3 shall apply to the slaughter of a cow, bull or bullock :
- which is suffering from any contagious infectious disease notified as such by the State Government; or
- which is subjected to experimentation in the interest of medical and public health research; where the slaughtering is done in accordance with the conditions and circumstances to be prescribed.
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- Section 5 -
Note: This section makes it illegal to transport or sell any beef or beef product in any form except for medical purposes specifically permitted by state authorities. However, the exception legally permitted is where a person sells or serves beef or beef products to passengers on aircrafts or trains.
Except as herein excepted and notwithstanding anything contained in any other aw for the time being in force, on person shall sell or transport or offer for sale or transport or cause to be sold or transported beef or beef-products in any form except for such medicinal purposes as may be prescribed.
Exception- A person may sell and serve or cause to be sold and severed beef or beef-products for consumption by a bona fide passenger in an aircraft or railway train.
- Section 5A -
Note: This section makes it illegal to transport any cow/bull/bullock outside Uttar Pradesh except in accordance with a permit granted by a state government officer.
- No person shall transport or offer for transport or cause to be transported any cow, or bull or bullock, the slaughter whereof in any place in Uttar Pradesh is punishable under this Act, from any place within the State to any place outside the State, except under a permit issued by an officer authorised by the State Government in this behalf by notified order and except in accordance with the terms and conditions of such permit.
- Section 7 -
Note: Sub-section (1) validates the voluntary surrendering of cows/bulls/bullocks to Goshalas or similar institutions, and such surrendered cows/bulls/bullocks will not be returned to the persons who surrendered them.
Sub-section (3) states that a cows/bulls/bullock which is surrendered by the police or another person may be returned to the owner on payment of prescribed charges.
- Any person may surrender his cow, bull or bullock to a Goshala or an institution which shall accept such cow, bull or bullock according to the availability of accommodation. Any cow, bull or bullock so surrendered shall not be returned to such person.
- Any Goshala or any institution may receive any cow, bull or bullock for custody from police or any other person which may be released to the owner on such terms and conditions and in such manner and on payment of such charges as may be prescribed
- Section 8 - Penalty
Note: This section penalizes offences under this Act with imprisonment for maximum 7 years as well as fine of Rs. 10,000. Further, even the attempt to commit an offence will be punishable with the same.
- Whoever contravenes or abets the contravention of the provisions of Section 3, Section 5 or Section 5-A shall be punished with rigorous imprisonment for a term which may extend to seven years and with fine which may extend to ten thousand rupees.
- Whoever attempts to commit an offence punishable Under sub-section (1) shall be punished with imprisonment for a term which may extend to one-half of the longest term of imprisonment provided for that offence and with such fine as is provided for the offence.