Assam Cattle Preservation (Amendment) Act, 2021

In News

• Recently, a beef shortage has been observed in Meghalaya following the implementation of the Assam Cattle Preservation (Amendment) Act, 2021 in Assam.

Background 

• The original legislation had been passed in August 2021 which replaced the Assam Cattle Preservation Act, 1950, on the ground that the latter lacked sufficient legal provisions to regulate the slaughter, consumption and transportation of cattle.
• The north-eastern states such as Arunachal Pradesh, Meghalaya, Mizoram and Nagaland do not have any such laws regulating cattle slaughter.

Major Provisions of Act 

• Bars sale and purchase of beef or beef products:
  • The Act bars sale and purchase of beef or beef products in areas “predominantly inhabited by Hindu, Jain, Sikh and other non-beef-eating communities”, or “within a radius of 5 km” of any temple or sattra (Vaishnavite monasteries) and any other institution as may be prescribed by the authorities. However, exemptions might be granted for certain religious occasions.
• Requirement of fit for slaughter” certificate:
  • It prohibits the slaughter of a cow under any circumstances, other cattle can be slaughtered subject to a “fit for slaughter” certificate.
  • The necessary certificate issued by the registered veterinary officer of a particular area has been obtained. 
  • The veterinary officer will issue a certificate only if he believes that the bovine, not being a cow, is over 14 years of age.
  • A cow, heifer or calf may be slaughtered only if it is permanently incapacitated.                        

• Punishment :
  • All offences under this new legislation are cognizable and non-bailable.
  • It provides for a minimum jail term of three years (extendable up to eight years) and a Rs 3 lakh fine (with the upper limit of Rs 5 lakh). For repeat offenders, the punishment will be doubled.
• Recent amendments
  • The original legislation had prohibited the inter-district movement of cattle within Assam without valid documents. 
  • The amendment now allows movement from one district to another, provided these do not border Bangladesh and provided those transporting the cattle are registered under the Animal Husbandry and Veterinary Department and have permits to transport the cattle for bonafide agricultural or animal husbandry purposes or for trade.
• The amendments empower the police to enter the house of an accused, and search and seize properties if they have a “prima facie reason to believe” that the properties have been acquired in the last six years with money earned from the illegal cattle trade. 
• Another amendment allows for the sale of seized vehicles, boats and vessels through “public auction” after being produced before the appropriate court.

Banning of Cow Slaughtering

• The Directive Principles of State Policy (Article 48) under the Constitution provides that the state shall endeavour to organize agriculture and animal husbandry on modern and scientific lines, take steps to improve breeds and prohibit the slaughter of cows, calves, and other milch and draught cattle.
• In pursuance of this, more than 20 states have passed laws restricting the slaughter of cattle (cows, bulls, and bullocks) and buffaloes to various degrees.

Issues/ Challenges 

• High price: This has forced beef sellers to purchase cattle from the black market at thrice the normal rate for a cow.
• Ensure transportation: Traders want the Meghalaya government to take steps to ensure cattle from West Bengal and other States were allowed to be transported through Assam.
• Smuggling: Meat sellers claimed cattle transported illegally were being smuggled to Bangladesh along the Assam and Meghalaya borders.
• No challans issued: The government of Meghalaya’s assertion that it was issuing challans to local meat vendors. This challan has yet to be received.
• Prohibition of the transport of cattle: It may lead to difficulties in the movement of cattle to the entire north-eastern region of India
• Ambiguity pertaining to 5 KM: Temples can be created anywhere and then regulating this pointer will create chaos and law and order problems. 
• Increasing Polarisation: Such laws may create more partisan precedents leading to more communal conflicts.

Counter-arguments/ Government stand

• Consignments are not stopped for other states: Assam says that the law sought to check illegal transportation of cattle but consignments meant for other north-eastern States were usually not stopped after the verification of documents.
• The government wants to stop the slaughter of cows and not destroy the agrarian economy therefore they have now allowed intra-state transportation of cattle. 
• Movements of cows can be restricted if they are procured from illegal sources
  • If it is for farming, and mining then the government will allow it with a transit pass.
• The seizure of vehicles would help stop the cattle trade that was still going on.
  • Around 20-30 per cent of illegal trade is still happening.

Source: TH