Supreme Court of India

HASHMATTULLAHversusSTATE OF M.P. AND ORS.

Citation: 1996 INSC 667
Decided: 10 May 1996
Disposal: Appeal(s) allowed
Bench: A M AHMADI

Holding

The inclusion of bulls and bullocks in the absolute ban under Section 4(1)(a) is unconstitutional; the sub‑clause is ultra‑vires and the ban violates the fundamental right to trade under Article 19(1)(g).

Summary

The appellant, a butcher, challenged the 1991 amendment to the Madhya Pradesh Agricultural Cattle Preservation Act that imposed an absolute ban on slaughter of bulls and bullocks, alleging it violated his fundamental right to trade under Article 19(1)(g) and was not a reasonable restriction in the public interest. The State argued that the ban furthered the purpose of Article 48 by preserving agricultural cattle and that even old bulls provided useful dung and bio‑gas. The Supreme Court examined whether the ban was a valid reasonable restriction, whether it was necessary to fulfil Article 48, and whether the reliance on various articles and research papers was sufficient to justify the ban. Relying on earlier decisions that a total ban on “useless” bulls and bullocks is unconstitutional, the Court held that the amendment’s sub‑clause (a) was ultra‑vires and an unreasonable restriction on the appellant’s right. Consequently, the ban on bulls and bullocks was struck down while the ban on cows, calves of cows and calves of she‑buffaloes remained. The appeal was allowed and costs awarded to the appellant.

Issues considered

The amendment imposing a total ban on slaughter of bulls and bullocks violates Article 19(1)(g) and is not a reasonable restriction under Article 19(6).
Whether the ban is necessary to give effect to the directive principle in Article 48 of the Constitution.
Whether the State’s reliance on literature and research papers establishes the utility of old bulls and bullocks sufficient to justify the ban.
Whether the inclusion of bulls and bullocks in Section 4(1)(a) of the Agricultural Cattle Preservation Act is ultra‑vires.

Legislation cited

Constitution of Indias. Article 19(1)(g), s. Article 19(6), s. Article 48
Madhya Pradesh Agricultural Cattle Preservation Act, 1959s. 4(1)
Madhya Pradesh Krishik Pashu Parirakshan (Sanshodhan) Adhiniyam, 1991s. amending provision
Madhya Pradesh Municipal Corporation Act, 1956s. 257(3)

Subjects

Article 19(1)(g)Article 48reasonable restrictionbutcher's rightcattle slaughterdirective principleultra virespublic interestagricultural cattle preservationconstitutional law

Judgment

HASHMATTULLAH A
v.
STATE OF M.P. AND ORS.

MAY 10, 1996

(AM. AHMADI, C.J. N.P. SINGH AND B.N. KIRPAL, JJ.] B

M.P. I0ishik Pashu Parirakshan (Sanshodhan) Adhiniyam, 1991: Sec-
tion 4(l)(a).

Total ban on slaughter of bulls and bullocks-Even if they became unfit C
for breeding, draught, milch or other purposes-Held: violative of Articles
19(1 )(g) and 48 of Constitu.tion of India.

Constitution of India, 1950: A1tic/e 226.

Question of fact-Books and mticles by differelll persons-Reliance D
on-For deciding-Held : mere view of author not based on scientifically
collected data from reliable source, could not Jami basis of decision of
Court-Writ Court should be very careful in accepting data to be relied upon
by it.

The appellant was engaged in the bntcher's trade and he mainly E
slaughtered bulls and bullocks which were unfit either for breeding,
draught or milch purposes. These animals were slaughtered only after they
were certified as fit for slaughter by the Municipal Corporation in the
State which had a meat market where the meat was sold under a licence
granted by the Corporation.
F
The M.P. Krishik Pasho Parirakshan (Sanshodhan) Adhiniyam,
1991 amended Section 4(1) (a) of the M.P. Agricultural Cattle Preservation
Act, 1959 by virtue of which a total ban had been imposed on the slaughter
of the bulls and bullocks in the State.

The appellant challenged the Amending Act of 1991 by filing a writ G
petition in the High Court. The contention of the appellant was that the
Amending Act violated the appellant's fundamental right under Article
19(1)(g) of the Constitution of India and the restrictions now placed were
unreasonable and not in public interest. It was also the case of· the
appellant that the presence of a large number of old and useless animals H
755
756 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.

A was bad for the economy and the banning of the slaughter of bulls and
bullocks was actually in violation of the duty cast on the State by Article
48 of the Constitution. It was also contended that there was shortage of
fodder in the State and that preservation of bulls and bullocks above the
age of 15 years, which had ceased to be useful for breeding, milching,
draught and other purposes, will have deleterious effect on the agricultural
B economy of the State. It was also submitted that not only will the preser-
vation of these useless animals put a pressure on the scant food and fodder
available in the State but such animals will also become a menace to the
standing crop as these useless animals are not cared for by the owners and
allowed to stray. The High Court had referred to and relied upon a number
C of articles and books written by different persons in coming to the con-
clusion that bulls and bulloks were useful animals, even if they became old,
and their slaughter should be banned. The High Court accordingly upheld
the validity of the Amending Act.

In the appeal before this Court the respondents relied on some
D articles and research papers. On the other hand the main thrust of the
argument on behalf of the appellant was that the Amending Act was yet
another attempt by the State to impose a total ban on the slaughter of bulls
and bullocks notwithstanding the fact that similar attempts, made earlier,
had failed.
E
Allowing the appeal, this Court

HELD : 1. The right of butchers to practice their trade has been
upheld in three previous decisions of this Court and because there is a
short supply of milch cattle, total ban on their slaughter was upheld as
F being a reasonable restriction in the interest of general public. Bnt it was
held in no uncertain terms that a total ban on the slaughter of useless
cattle, which involves a wasteful drain on the nation's cattle fodder, which
itself was in short supply and which would deprive the useful cattle of
much needed nourishment, could not be justified as being in the interest
G of general public. Absolute ban on slaughter of bulls and bullocks is not
necessary for complying with Article 48 of the Constitution.

Mohd. Hanif Quraishi and Ors. v. The State of Bihar, (1959] SCR 629;
Abdul Hakim Quraishi and Ors. v. State of Bihar, [1961] 2 SCR 610 and
Mohd. Fantk v. State of Madhya Pradesh and Ors., [1970] l SCR 156, relied
H on.
HASHMATTULLAH v. STATE 757

2. Though some literature was placed on record and was sought to A
be relied upon by the respondent in an effort to show that, with the passage
of time, the position has changed and now the utility of the old bulls and
bullocks has grown, it is not possible to accept that there is any change in
the circumstances or that the earlier decisions of this Court require
reconsideration. The appellant does not admit that the material relied B
upon by the High Court presents that correct picture, Till what age the
cattle in question are useful is normally a question of fact. In deciding such
a question the High Court should have been careful in selecting the
material on which it sought to rely. Every article published or a book
written cannot ipso facto be regarded as conclusive or worthy of accep· C
tance. What is stated therein may only be a view of the author and may
not be based on any data which is scientifically collected from reliable
source: The Writ Court has to be very careful in accepting what data
should be accepted and relied upon if their is a bona fide dispute between
the parties about the correctness of the same, as in this case. Merely
because some person has made such vague and unsubstantiated statement D
in writing can be no ground for concluding that an absolute ban on the
slaughter of useless bulls and bullocks is a reasonable restriction under
Article 19(6) of the Constitution. [766-C-D; 767-E-G; 768-C]

. Haji Usmanbhai Hasanbhai Qureshi and Ors. v. State of Gujarat, E
[1986] 3 sec 12, referred to.

3. The statement of objects and reasons for the amendment shows
how insignificant and unsupportable the ground for bringing the Amend·
ing Act of 1991 was. It must, therefore, be held that the inclusion of bull F
or bullock in Section 4(1)(a) of the Madhya Pradesh Agricultural Cattle
Preservation Act, 1959, brought about by the Amending Act of 1991 bas
imposed an unreasonable restriction on the fundamental rights of the
appellant and to that extent only the sub-clause is held to be ultra vires.
The effect of this would be that there would be a total ban on the slaughter G
of cow, calf of cow and calf of she buffalo while the slaughter of bull or
bullock, along with other agricultural cattle, shall fall under Section
4(1)(b) of the Act and they can be slaughtered after complying with
provisions of the said sub-clause and obtaining a certificate contemplated
by Section 4(2) of the said Act. [768-D; 769-E-G] H
758 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.

A CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8250 of
1996.

From the Judgment and Order dated 15.9.92 of the Madhya Pradesh
High Court in C. Misc. P. No. 908 of 1992.

B D.V. Sehgal, G.L. Sanghi, Arun Mehta, C.C. Gupta, M.N. Krish-
namani and A.M. Singhvi, A.K. Goel, Ms. Sheela Goel, Mansoor Ali, N.A.
Siddiqui, R.B. Misra, K. Mishra, Sudhanshu, Imtiaz Ahmad, A. Sharan,
Manmohan, Z. M. Shah, M. Faruqi, S. Sukumaran, D.N. Mukherjee,
.Ranjan Mukherjee, Sakesh Kumar, S.K. Agnihotri, Mridula Aggarwal, K.L.
C Janjani, and B.S. Banthia for the appearing parties.

A.K. Sen, P.A. Choudhary, R.J. Gouley, and B.K. Prasad for inter-
vention.

The Judgment of the Court was delivered by
D
KIRPAL, J. Leave granted.

The challenge in this appeal is to the validity of the M.P. Krishik
Pashu Parirakshan (Sanshodhan) Adhiniyam, 1991 (hereinafter referred to
as the 'Amending Act') by virtue of which a total ban has been imposed
E on the slaughter of the bulls and bullocks in the State of Madhya Pradesh.

The appellant is engaged in the butcher's trade in Jabalpur and,
according to him, he mainly slaughters bulls and bullocks which are unfit
either for breeding, draught or milch purposes. These animals are
slaughtered only after they are certified as fit for slaughter by the Municipal
F Corporation of J abalpur in the State of Madhya Pradesh, which has a meat
market where the meat is sold under a licence granted by the Corporation.
It is alleged that the appellant's family is engaged in the butcher's trade for
the past several generations and this vocation is the only source of
livelihood of the family.
G Prior to the passing of the amending Act, sub-section (1) of Section
4 of the M.P. Agricultural Cattle Preservation Act, 1959 prohibited
slaughter of certain types of agricultural cattle. This provision was as under:

"4. PROHIBITION OF SLAUGHTER OF AGRICULTURAL
H CATTLE (1) Notwithstanding anything contained in any other law
HASHMATTULLAH v. STATE [KIRPAL, J.] 759

for the time being in force or in any usage or custom to the A
contrary, no person shall slaughter or cause to be slaughtered or
offer or cause to be offered. for slaughter:

(i) cows, calves of cows, calves of she buffalo or;

(ii) any other agricultural cattle unless 'he has obtained in B
respect of such cattle a certificate in writing issued by the com-
petent Authority for the area in which the cattle is to be
slaughtered, that the cattle is fit for slaughter."

By the Amending Act a new sub-section (1) of Section 4 of the Principal C
Act was inserted which reads as follows :

"(1) Notwithstanding anything contained in any other law for
the time being in force or in any usage or custom to the contrary,
no person shall slaughter or cause to be slaughtered or offer for
cause to be offered, for slaughter : D

(a) cow, calf of cow, calf of she-buffalo, bull or bullock; and

(b) any other agricultural cattle unless he has obtained in
respect of such cattle a certificate in writing issued by the Com-
petent Authority for the area in which the cattle is to be E
slaughtered that the cattle is fit for slaughter."

Sub-sections (2) to (5) remained unaltered.

The unamended Section 4(1) by sub-clause (i) had imposed an
absolute ban on the slaughter of cows, calves of cows, or calves of she-buf- F
falo, but other agricultural cattle like male and female buffaloes, bulls and
bullocks could be slaughtered only on the receipt of a certificate in writing
by the Competent Authority to the effect that the cattle was fit for
slaughter. As a result of the amendment introduced by the Amending Act
bulls and bullocks have been added to sub-clause (a) of sub-section (1) of G
Section 4 with the result that an absolute ban on slaughter of bulls and
bullocks has also been imposed, notwithstanding the fact that the said
animals may have ceased to be draught animals 0r may have become
permanently incapacitated for work or breeding or for any other purposes.

The appellant challenged the Amending Act of 1991 by filing a writ H
760 SUPREME COURT REPORTS (1996] SUPP. 2 S.C.R.

A petition in the High Court of Madhya Pradesh at Jabalpur. The contention
of the appellant was that the Amending Act violated the appellant's
fundamental right under Article 19(1)(g) of the Constitution of India and
the restrictions now placed were unreasonable and not in public interest.
It was also the case of the appellant that the presence of a large number
of old and useless animals was bad for the economy and the banning of
B the slaughter of bulls and bullocks was actually in violation of the duty cast
on the State by Article 48 of the Constitution. It was also contended that
there was shortage of fodder in the State of Madhya Pradesh and that
preservation of bulls and bullocks above the age of 15 years, which had
ceased to be useful for breeding, draught and other purposes, will have
C deleterious effect on the agricultural economy of the State. It was also
submitted that not only will the preservation of these useless animals put
a pressure on the scant food and fodder available in the State but such
animals will also become a menace to the standing crop as these useless
animals are not cared for by the owners and allowed to stray. The appellant
D sought to give facts and figures in an effort to show that the absolute ban
on the slaughter of bulls and bullocks was neither in the public interest nor
was it a reasonable restriction on the fundamental right of the appellant
guaranteed under Article 19(1)(g) of the Constitution of India.

The respondents sought to justify the validity of the Amending Act
E by referring to its statement of objects and reasons and contending that the
bulls and bullocks ought not be slaughtered. The aforesaid objects and
reascns were as follows :

"The economy of the State of Madhya Pradesh is still
F predominantly agricultural. In the Agricultural section, use of
animals for milch, draught, breeding or agricu/tural purposes
preponderates. It has, therefore, become necessary to emphasis
preservation and protection of agricultural animals by dealing
more stringently with slaughter of cattle than before. Viewed in
this perspective, the amendment proposed to encompass calf of
G she-buffalo or bull or bullock within the mischief of the basic
provision of this enactment can be said to have a reasonable nexus
to the purpose originally stated for the legislation. What with the
growing adoption of non-conventional energy sources like bio-gas
plants, even waste-materials have come to achieve considerable
H value. In this backdrop, even cattle which ceased to be capable of
HASHMATIULLAHv. STATE[K!RPAL,J.] 761

yielding milk or breeding or working as draught animals can not A
any more be said to be useless. That being so, there can be no
doubt about the proposed amendment which is to cover such
animals through this legislation being reasonable in the interest of
the general public. This legislation is aimed al implementing the
object of Articles 48 of the Constitution of India."
B
The Division Bench of the Madhya Pradesh High Court at Jabalpur,
after referring to the decisions of this Court in the cases of Mohd Hanif
Quraishi and Ors. v. The State of Bihar, [1959] SCR 629, Abdul Hakim
Quraishi and Ors. v. State of Bihar, [1961] 2 SCR 610 and Mohd. Faruk v.
State of Madhya Pradesh and Ors., [1970] 1 SCR 156 observed that the ratio C
of these decisions was that "if bulls and bullocks are useful then ban on
their slaughter is within the competence of the legislature, as the legislation
falls under clause (6) of Article 19 of the Constitution of India, imposing
reasonable restrictions on the fundamental right to carry on trade, occupa-
tion or business. However, a total ban is not permissible if under economic D
conditions keeping a useless bull or bullock will be a burden on the society
and therefore not in the public interest". The High Court then referred to
statements made in a research paper published from Germany in 1987,
which referred to the availability to the farmer of cattle dung for fuel and
manure. It al.so referred to All India Statistics 1989 published by C.M.I.E.
which had suggested that there should be effective programme for censer- E
vation of soil and water and promotion of organic manure to safeguard and
strengthen the ecological structure of agriculture. The High Court also
referred to some other publications of different authors for the purpose of
concluding that there was no acute shortage of cattle fodder and that it
was better to use the cattle dung as a manure rather than using chemical F
fertilizers. It then came to the conclusion that bulls and bullocks were
useful animals and the ban on the slaughter was in consonance with social
interest. It also observed that it was the courts' duty to give harmonious
construction to the directive principles and duties vis-a-vis the fundamen-
tal rights and Article 51-A(g) imposed the duty on every citizen "to have
compassion for living creature" and, therefore, applying the rule of har- G
monious construction the Amending Act of 1991 fell within the ambit of
Article 19(6) of the Constitution. The High Court accordingly upheld the
validity of the Amending Act.

The main thrust of the argument on behalf of the appellant in this H
762 SUPREME COURT REPORTS [1996J SUPP. 2 S.C.R.

A appeal is that the Amending Act is yet another attempt by the State of
Madhya Pradesh to impose a total ban on the slaughter of bulls and
bullocks notwithstanding the fact that similar attempts, made earlier, had
failed. Relying upon the above mentioned decisions of this Court, it was
contended by Mr. G.L. Sanghi, learned Senior Counsel for the appellant,
that the point in issue, namely, whether there could be an absolute ban on
B the slaughter of bulls. and bullocks, stood concluded in favour of the
appellant by a series of judgments of this Court and, therefore, the High
Court ought to have upheld the appellant's contention.

On behalf of the respondents reliance was placed on some articles
C and research papers in order to show that even after the bulls and bullocks
have ceased to be draught animals, they are still useful. The usefulness of
these bulls and bullocks was sought to be established by reference to some
research papers, articles and books in which it was stated that the cattle
dung which was available to the farmers or agriculturists was a source of
D providing them 1vith manure as well as bio gas and, in the interest of
ecology, it was much better to use organic manure rather than chemical
fertilizers. Reference, in ·particular, was made to a paper written by one
Mr. Panna Lall Mundra, Chairman, Animal Welfare Board of India, in
which he mentions that a single old incapacitated animal provides 4500
Ltrs. of bio-gas, 120 tonnes of organic fertilizer, 2000 Ltrs. of urganic
E pesticides, increases the yield of foodgrains by 30 to 40 tonnes per hectare
and that if all this was taken into consideration, it would work out that each
bull or bullock earned about Rs. 20,000. This is one of the papers which
was taken into consideration by the High Court, in the instant case, in
coming to the conclusion that bulls and bullocks were useful animals even
after they had become old and, therefore, they should not be slaughtered.
F
This is the fourth attempt by the State of Madhya Pradesh to impose
a total ban on the slaughter of bulls and bullocks even after they become
old and useless. The first attempt was the enactment of C.P. and Berar
Animal Preservation Act, 1949, which placed a total ban on the slaughter
G of cows, bulls and bullocks and of all categories of animals of the species
of "bovine cattle". This Act along with Acts of three other States, namely,
Bihar Preservation and Improvement of Animals Act, 1956 and U.P.
Prevention of Cow Slaughter Act, 1955, were challenged before this Court
in Mohd. Hanif Quarishi's case (supra). The petitioners therein were
H butchers and had challenged the validity of the three Acts on the plea that
HASH MATTULLAH v. STATE [KIRP AL, J. J 763

the same infringed their fundamental rights under Articles 14, 19(1)(g) and A
, 25 of the Constitution. After going into all the facets of the case and
examining the usefulness of the cattle in great detail and keeping in mind
the availability of adequate fodder and other relevant facts, this Court held
that : (1) total ban on the slaughter of cows of all ages and calves of cows
and of she buffaloes, male and female, was quite reasonable and valid; (ii)
that a total ban on the slaughter of she buffaloes or breeding bulls or
B
working bullocks "cattle as well as buffaloes", as long as they were capable
of being used as milch or draught cattle, was also reasonable and valid;
(iii) that a total ban on the slaughter of she buffaloes, bulls and bullocks
"cattle or buffalo" after they ceased to be capable of yielding milk or of
breeding or working as draught animals was not in the interest of the c
general public and was invalid. In coming to the conclusion that ban on the
slaughter of bulls and bullocks after they had become useless, was not valid •
this Court in Mohd. Hanif Qua1ishi's case (supra) at page 684 observed as
follows:
D
"The country is in short supply of milch cattle, breeding bulls
and working 'bullocks. If the nation is to maintain itself in health
and nourishment and get adequate food, our cattle must be im-
proved. In order to achieve this objective our cattle population fit
for breeding and work must be properly fed and what ever cattle
food is now at our disposal and whatever more she can produce E
must be made available to the useful cattle which are in presenti
4
or will in futuro be capable of yielding milk or doing work. The
maintenance of useless cattle involves a wasteful drain on the
i nation's cattle feed. To maintain them is to deprive the useful cattle
of the much needed nourishment. The presence of so many useless F
animals tends to deteriorate the breed. Total ban on the slaughter
of cattle, useful or otherwise, is calculated to bring about a seriou5
dislocation, though not a complete stoppage, of the business of a
considerable section of the people who are by occupation butchers
(kassais), hide merchants and so on. Such a ban will also deprive
a large section of the people of what may be their staple food. At G
any rate, they will have to forego the little protein food which may
be within their means to take once to twice in the week. Preserva-
tion of useless cattle by establishment of Gosadans is not, for
reasons, already indicated, a practical proposition. Preservation of
these useless animals by sending them to concentration camps to H
764 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.

A fend for themselves is to leave them to a process of slow death
and does no good them. On the contrary it hurts the best interest
of the nation in that the useless cattle deprive the useful one of a
goods part of the cattle food, deteriorate the breed and eventually
affect the production of milk and breeding bulls and working
bullocks, besides involving an enormous expense which could be
B better utilised for more urgent needs."

After the judgment in Mohd Hanif Quareshi' case (supra), the
second attempt was made by enacting Madhya Pradesh Agricultural Cattle
Preservation, Act 1959, whereby Section 4(2) (a) and Rule 5 prohibited the
C slaughter of bull, bullock or buffalo except upon a certificate issued by a
competent authority and such certificate could not be issued unless the
animal was over 20 years of age and was unfit for working or breeding.
Similar attempts were made by the States of Bihar and U.P. which had
provided minimum age of 25 and 20 years respectively before the bulls and
D bullocks could be slaughtered. The Acts of these three States were chal-
lenged in Abdul Hakim's case (supra). This Court, while allowing the
petitions, held that a bull, bullock or buffalo did not remain useful after it
is was 15 years old, and whatever little use it may then have, was greatly
offset by the economic disadvantage of feeding and maintaining unservice-
able cattle. The Court took note of the fact that in some of books it was
E stated that cows and bullocks may live upto 20 or 25 years, but it was
observed that "the question before us is not the maximum age upto which
bulls and bullocks and buffalo may live in rare cases. The question before •
us is what is their average longivity, at what age they become useless, on
this question we think that the opinion is almost unanimous, and the
F opinion which the Deputy Minister expresses was not wrong".
••

The third attempt to circumvent the judgment in Mohd. Hanif
Quareshi's case which had the effect of imposing a complete ban on the
slaugh,er of bnlls and bullocks \vithin the Jabalpur Municipality was made
in the year 1967. Under the bye-laws of the Jabalpur Municipality a licence
G had to be obtained for the slaughter of bulls and bullocks. Section 257(3)
of the Madhya Pradesh Municipal Corporation Act, 1956, prohibited the
slaughter of animals in places outside the premises fixed by the
Municipality. Under a notification issued in 1948 bye-laws were promul-
gated which permitted bulls and bullocks to be slaughtered in premises
H fixed for the purpose. By the impugned notification dated 12.1.1967 con-
HASHMA1TULLAHv. STATE [KIRPAL,J.] 765

firmation of the aforesaid bye-laws in so far as they related to slaughter of A
bulls and bullocks was cancelled. The effect of this notification was to
prohibit the slaughter of bulls and bullocks within the li.mits of Municipality
of .Tabalpur. Challengijlg-the cancellation of these bye-laws it was alleged
by the petitioners therein that the impugned notification imposed a direct
restriction on their fundamental right under Article 19(1)(g) of the Con-
B
stitution. Allowing the writ petition it was observed at page 160 that
"imposition of restriction on the exercise of fundamental right may be in
the form of control or prohibition, but when the exercise of a fundamental
right is prohibited, the bnrden of proving that a total ban on the exercise
of the right alone may ensnre the maintenance of the general public interest
lies heavily upon the State". While quashing the impugned notification it c
was observed at page 161 that "the sentiments of a section of the people
may be hnrt by permitting slaughter of bulls and bullocks in premises
maintained by a local authority. But a prohibition imposed on the exercise
of a fundamental right to carry on an occupation, trade or business will not
be regarded as reasonable, if it is imposed not in the interest of the general D
public, but merely to respect the susceptibilities and sentiments of a section
of the people whose way of life, belief or thought is not the same as that
of the claimant."

Now in 1991 the State of Madhya Pradesh has, once again, sought to
ban the slaughter of bulls and bullocks by enacting the Amending Act. The E
law enacted is similar to the one which was quashed by this Court in Mohd.
Hanif Quraishi' case (supra). Having failed to circumvent the judgment of
this Court in Mohd. Hanif's case by first fixing the minimum age of bulls
and bullocks at 20 years and then when it sought to prohibit the slaughter
of bulls and bullocks within the limits of the Municipality, the State has F
chosen, notwithstanding the judgment in Mohd. Hanif's case (supra), to
impose a complete ban on the slaughter of bulls and bullocks and has
sought to justify its action by referring to the manifold benefits of cattle
dung which would be available to the agriculturists and farmers even from
the useless animals.
G
Three different Constitution Benches of this Court in Mohd. Hanif's
case, Abdul Hakim's case and Mohd. Faruk's case (supra) have held that
total ban on slaughter of bulls and bullocks is ultra vires the Constitution.
The submissions which have now been made and seem to have found
favour with the High Court, with reference to the usefulness and merits of H
766 SUPREME COURT REPORTS 11996] SUPP. 2 S.C.R.

A cattle dung and the part which it plays in the rural economy, has been dealt
with at length by this Court in Mohd. Hanifs case (supra). The right of the
butchers to practice their trade has been uphdd in these decisions and
because there is a short ;upply of milch cattle, total ban on their slaughter
was upheld as being a reasonable restriction in the interest of general
public. But it was held in no uncertain terms that a total ban on the
B slaughter of useless cattle, which involves a wasteful drain on the nation's
cattle fodder, which itself was in short supply and which would deprive the
useful cattle of much needed nourishment, could not be justified as being
in the interest of general public.

C Though some literature was placed on record and was sought to be
relied upon by the counsel for the respondent in an effort to show that,
with the passage of time, the position has changed and now the utility of
the old bulls and bullocks has grown, we are not satisfied, as contended by
Dr. AM. Singhvi, learned Senior Counsel for the respondent, that there is
D any change in the circumstances or that the decisions of this Court in the
aforesaid three cases require reconsideration. The consistent view of this
Court since 1958 being that total ban on slaughter of bulls and bullocks
which had become old amounted to an unreasonable restriction on the
fundamental rights of the butchers, no conclusive material has been placed
on record to show that the restriction now placed is to be regarded as
E reasonable. Notwithstanding the fact that the cattle dung is used for
generating bio gas, on a specific query put to learned counsel for the
respondent, no information was available as to what are the number of bio
gas plants which have been installed and which are in operation and
whether the cattle dung available i~ sufficient or not. Similarly, no authentic
F information was given by the learned co:msel with regard to the expense
which will have to be incurred by a farmer in maintaining old and infirm
cattle which cannot be used as milched cattle or draught cattle. A fact
which cannot be ignored is that no farmer or agriculturist who has kept a
bull or bullock for a number of years would sell it to a butcher unless and
until it is uneconomic for him to retain that animal. Normally, it would be
G only when an animal has become totally useless, and the expense of
maintaining it outways its utility, that the animal would be sold to a butcher.
Compelling the retention of such animal, by not permitting its sale for being
slaughtered, would not be in public interest. It has also not been shown
that there has been any increase in the average age of the bulls and
-
H bullocks. We may here notice that the ban placed on the slaughter of the
HASHMATIULLAH v. STATE [K!RPAL, J.) 767

bull and bullocks below the age of 16 years in the State of Gujarat by the A
Bombay Animal Preservation (Gujarat Amendment) Act, 1979 was upheld
because it was observed that because of the improvement in and more
scientific method of cattle breeding, the usefulness of cattle for breeding,
draught and other agricultural purposes was about the age of 16 years in
the State of Gujarat. Having concluded that the usual span of life was 16
B
years, the Constitution Bench of this Court held in Haji Usmanbhai
Hasanblzai Qureshi and Ors. v. State of Gujarat, [1986) 3 SCC 12 that the
prescribed age of 16 years could be said to be a reasonable restriction on
the rights of the appellants therein to carry on their trade and profession
as mentioned in Article 19(1)(g) of the Constitution. In reaching this
conclusion it was observed at page 18 that the description of the age of 16 C
years could "be said to be reasonable, looking to the balance which !ws to
be suuck benveen public interest, which requires useful aninlals to be
prese1ved and pennitting the different appellants before us to cany Oil their
trade and profession" (Emphasis added). This Court, therefore, in Haji
Usmanbltai's case (supra) once again reiterated the principle of striking a D
balance between the right of the butchers and the public interest.

The High Court has referred to and relied upon a number of articles
and books written by different persons in coming to the conclusion that
bulls and bullocks are useful animals, even if they become old, and their
slaughter should be banned. Dr. Singhvi has also sought to rely on some E
of such documents. The appellants does not admit that the material relied
upon by the High Court presents the correct picture. Till what age the
cattle in question are useful is normally a question of fact. In deciding such
a question the High Court should have been careful in selecting the
material on which it sought to rely. Every article published· or a book F
written cannot ipso facto be regarded as conclusive or worthy of accep-
tance. What is stated therein may only be a view of the author and may not
be based on an data which is scientifically collected from a reliable source.
The Writ Court has to be very careful in accepting what data should be
accepted and relied upon if there is a bona fide dispute between the parties
about the correctness of the same, as in this case. For example in the G
instant case not only the High Court but Dr. Singhvi has also sought to
place reliance on an article written by one Mr. Panna Lal Mundhra,
Chairman, Animal Board of India in which he has, inter alia, stated "the
cattle even after stopping the supply of milk gives 3500 kg. dung and 2000
litres of urine yearly which in turn supplies 4500 cft. bio-gas, 80 tonnes H
768 SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R.

A organic fertilizers, 2000 litres organic pesticides, increases per hectare yield
by 30-40 per cent, fetches higher price for their produce as they contain
more nutrient. All these gains if complied together works out to Rs. 20,000
per cattle per year to the owner." The aforesaid statement of the author
does not indicate as to from where he had obtained the aforesaid
B information or data on the basis of which he has concluded that the gain
to an owner by retaining a cattle which has stopped giving the milk is
still Rs. 20,000 per year. Merely because the article is written in which such
a statement is made cannot be a reason for accepting as correct what is
stated therein without the Court being satisfied as to the basis on which
such a conclusion has been arrived at. Merely because some person has
C made such vague and unsubstantial statement in writing can be no ground
for concluding that an absolute ban on the slaughter of useless bulls and
bullocks is a reasonable restriction under Article 19(6) of the Constitution.

We are pained to notice the successive attempts made by the State
of Madhya Pradesh to nullify the effect of this Court's decisions beginning
D with Mohd. Hanifs case and ending with Mohd. Faruk's case, each time on
flimsy grounds. In this last such attempt, the objects and reasons show how
insignificant and unsupportable the ground for bringing the legislation was.
The main thrust of the objects and reasons for the legislation seems to be
that even animals which have ceased to be capable of yielding milk or
E breeding or working as draught animals can be useful as they would
purduce dung which could be used to generate non-conventional sources
of energy like bio-gas without so much as being aware of the cost of
maintaining such animals for the mere purpose of dung. Even the suppor-
tive articles relied upon do not bear on this point. It is obvious that
successive attempts are being made in the hope that some day it will
F succeed as indeed it did \\ith the High Court which got carried away by
research papers published only two or three years before without realising
that they dealt with the aspect of utility of dung but had nothing to do with
the question of the utility of animals which have ceased to be reproductive
or capable of being used as draught animals. Besides, they do not even
reflect on the the economical aspect of maintaining such animals for the
G sole purpose of dung. Prima facie it seems far fetched and yet the State
Government thought it as sufficient to amend the law.

We may note that just as the respondents have made statements with
regard to the quantity of cattle dung available and the extent of economic
H benefit which will be derived by the use of the same, similarly, the appellant
HASHMATIULLAH v. STATE [KIRP AL, J.] 769

has in his writ petition averred that there is an acute shortage of cattle A
fodder and the strength of useless cattle will result in large scale pressure
on land and would decrease the availability of fodder. In our opinion it is
not necessary to go into the correctness of these allegations which have
been considered al length in Mohd. Hanifs case (supra). We see no
justification for the need of reconsideration of the aside decision, as was
sought to be suggested. B

With reference to Article 48, on which reliance was also placed by
Dr. Singhvi, it was observed by this Court in Mohd. Hanif Quareshi's case
(supra) dealing with Article 48 as follows :

"The protection recommended by this part of the directive is, c
in our opinion, confined only to cows and calves and to those
animals which are presently or potentially capable on yielding milk
or of doing work as draught cattle but does not, from the very
nature of the purpose for which it is obviously recommended,
extent to cattle which at one time were milch or draught callle but D
which ceased to be such."

It is clear from the aforesaid observation that absolute ban on
slaughter of bulls and bullocks is not necessary for complying with Article
48 of the Constitution.
E
In view of the aforesaid decisions of this Court the only conclusion
which can be arrived al is that the inclusion of bull or bullock in sub-clause
(a) of sub-Section (1) of Section 4 of the Madhya Pradesh Agricultural
Cattle Preservation Act, 1959, brought about by the Amending Act of 1991
has imposed an unreasonable restriction on the fundamental rights of the
appellant and to that extent only the sub-clause is held to be ultra vires. F
The effect of this would be that there would be a total ban on the slaughter
of cow, calf of cow and calf of she buffalo while the slaughter of bull or
bullock, along with other agricultural cattle, shall fall under sub-clause (b)
of Section 4(1) of the Act and they can be slaughtered after complying with
provisions of the said sub-clause and obtaining a certificate contemplated G
by sub-section (2) of Section 4 of the said Act.

The appeal is accordingly allowed. The appellant will also be entitled
to costs.

v.s.s. Appeal allowed.

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