Animal sacrifice in India
As affluence in India rises, more and more larger animals such as bovines, camels and increasingly horses are slaughtered to show the ‘status‘ of the person making the sacrifice. Slaughter was symbolic and never meant to be a status parade that it has become.
Even on Bakr Eid slaughter of animals other than goats or sheep is not allowed under Indian law. No slaughter is allowed other than at a slaughter house under legal procedure and an exception is provided for ritual slaughter on Eid but can only be provided for sheep and goats. You can see The Voice of Stray Dogs‘ analysis of legal cases and judgments on slaughter of cow and camels on Bakr Eid here. However it is increasingly common to see the ‘spectacle’ of animals slaughtered publicly for the amusement of those witnessing the slaughter.
This is part 1 of a 2 slaughter video and is an original video from the investigation on illegal camel slaughter in public places by Kanishka Sharma and Sonya Ghosh. This camel was slaughtered near Jama Masjid in New Delhi on Bakr Eid 2011.
Pictures from this investigation are compiled at the page from The Voice of Stray Dogs.
Source (text & video): The Voice of Stray Dogs
Pictures from this investigation are compiled at the page from The Voice of Stray Dogs.
Source (text & video): The Voice of Stray Dogs
Sacrifice of cows
The illegal cow slaughter in India is and has historically been a complicated situation and sensitive issue, and has in the past (and will continue to be so, no doubt), become a major flash-point for ethnic and religious conflict between Hindus and Muslims, leading to riots and deaths.
Indians split over cow ban
By Neeta Lal - January 6, 2012 - Asia Times
NEW DELHI - Rarely, if ever, has an animal and its meat been the object of such dissonance as the cow has been in India. Referred to reverentially as kamdhenu (one who fulfills all needs), the animal occupies a prime place in Hindu religious rituals and customs.
The issue of its slaughter thus invariably kindles strong passions across the socio-political spectrum. While the far-right Hindutva groups oppose the cows' butchering, liberals are vehement that what kind of meat one eats ought to be a matter of personal choice in a democracy.
Against such a contentious backdrop, the ban by the government of the Hindu nationalist right-wing Bharatiya Janata Party (BJP) on cow slaughter in the central state of Madhya Pradesh - with an exceptionally stringent law - has resurrected the age-old debate.
The Gau-Vansh Vadh Pratishedh (Sanshodhan) Act, which has already received the presidential stamp, makes cow slaughter a serious offence punishable by up to seven years in jail. The law will also trigger punitive action to varying degrees against those who transport cows to slaughter or store beef.
The new legislation, say critics, is basically the old bugbear of "cow politics" masquerading as a matter of "public interest and communal harmony". It could have serious societal ramifications, too, considering it will permit an authority to randomly inspect homes and eateries on the pretext of seeking "evidence".
This is tricky territory - apart from stoking religious sentiments, such "inspections" may well encourage abuse or harassment amounting to an infringement of human rights. More so as the onus, under this act, is on the accused to prove his or her innocence.
A special symbol
The cow has dominated the Indian political matrix for decades. As far back as 1966, Delhi witnessed an outbreak of a massive agitation on the issue of a ban of cow slaughter.
To read the entire article, please go to the website of Asia Times. Thank you!
Is sacrifice/slaughter of cows allowed on
Bakr-Id in India?
Is it a personal choice?
What does the Indian law say?
The following text is taken from the website of The Voice of Stray Dogs:
The Supreme Court of India, in the matters of M. H. Qureshi vs. State of Bihar reported in AIR 1958 SC 731, and State of West Bengal & Ors. vs. Ashutosh Lahiri and Others reported in AIR 1995 SC 464, and the Calcutta High Court in the matters of Rajesh Yadav & Ors. vs. State of West Bengal & Ors., and Kedarnath Brahmachari & Ors. vs. The State of West Bengal & Ors. reported in 1982 (II) CHN 273, have all held that:
The Supreme Court of India, in the matters of M. H. Qureshi vs. State of Bihar reported in AIR 1958 SC 731, and State of West Bengal & Ors. vs. Ashutosh Lahiri and Others reported in AIR 1995 SC 464, and the Calcutta High Court in the matters of Rajesh Yadav & Ors. vs. State of West Bengal & Ors., and Kedarnath Brahmachari & Ors. vs. The State of West Bengal & Ors. reported in 1982 (II) CHN 273, have all held that :
Any slaughter which is not a part of the RELIGIOUS REQUIREMENT of Muslims, is not permitted in law ; and
The fact “that a substantial part of the Muslim community does take to cow slaughter on such an occasion” does not make it a part of the religious requirement of Muslims on the occasion of Bakr Eid, and therefore, cannot be regarded as permitted, or exempt from the rigor of the law.
Extract from judgment of the Calcutta High Court, that refers to the other 3 judgments mentioned above :
13.10.2011.
W.P. 16749 (W) of 2011.
(PIL)
Rajesh Yadav & Ors. Vs. State of West Bengal & Ors.
——– excerpts of the judgment —–
Since decades, the point has cropped up whether the sacrifice of the cow on Bakr id Day is an essential part of the religious requirement of the Musalmans, the Division Bench of this Court in case of Kedarnath Brahmachari & Ors. vs. The State of West Bengal & Ors. reported in 1982 (II) CHN 273 held :
“Next we proceed to consider the case of the petitioners on its merit we find that in the case of M. H. Qureshi v. State of Bihar AIR 1958 SC 731 the Supreme Court had gone into the disputed point specifically when it was held that sacrifice of a cow on Bakr id Day is not an obligatory overt act for a Musalman to exhibit his religious belief and ideas. The very contention in this regard which has been put forward before us by the learned Advocate General, namely, that a substantial part of the Muslim community does take to cow slaughter on such an occasion was also advanced before the Supreme Court on that occasion but the Supreme Court rejected the said contention in holding that notwithstanding such sacrifice by a number of Musalmans, such slaughter cannot be considered to be a part of religious requirement. In the present case, we find that when respondent nos. 2 to 16 granting exemptions under S.12 and permitting cow slaughter on the Bakr id Day, they are doing so for no purpose other than religious purpose. But there, the said respondents are totally over looking that such slaughter cannot be a religious purpose because it is not a part of the religious requirement for the Musalman that a cow or that any of the scheduled animals required to be sacrificed in observing Bakar id. A sacrifice which is not a part of the religious requirement cannot, in our view, be sanctioned on the ground of religious purpose within the meaning of S. 12 of the said Act. In that view, we cannot but except the contention of Mr. Chakravarti that exemptions under S. 12 of the said Act which are being granted for slaughter of cows on the Bakar id Day are really de hors the statute not being within the sanction of the said provision.”
The Apex Court in case of State of West Bengal & Ors. vs. Ashutosh Lahiri and others reported in AIR 1995 SC 464 laid down the proposition that the sacrifice of the cows on auspicious day of Bakr id is not imperative but optional religious rituals in following words.
“ ******* In this connection, Das C.J., referred to the historical background regarding cow slaughtering from the times of Mughal Emperors. Mughal Emperor Babar saw the wisdom of prohibiting the slaughter of cows as and by way of religious sacrifice and directed his son Humayun to follow this. Similarly, Emperors Akbar, Jehangir and Ahmed Shah, it is said, prohibited cow slaughter. In the light of this historical background it was held that total ban on cows slaughter did not offend Art. 25 (1) of Constitution. In view of this settled legal position it becomes obvious that if there is no fundamental right of Muslim to insist on slaughter of healthy cow on Bakri Idd day, it cannot be a valid ground for exemption by the State under S 12 which would in turn enable slaughtering of such cows on Bakri Idd. The contention of learned counsel for the appellant that Art. 25 (1) of the Constitution deals with essential religious practices while S. 12 of the Act may cover even optional religious practices is not acceptable. No such meaning can be assigned to such an exemption cause which seeks to whittle down and dilute the main provision of the Act, namely S.4 which is the very heart of the Act. If the appellants’ contention is accepted then the State case exempt from the operation of the Act, the slaughter of healthy cows even for non-essential religious, medicinal or research purpose, as we have to give the same meaning to the three purposes, namely, religious, medicinal or research purpose, as envisaged by Sec. 12. It becomes obvious that if for fructifying any medicinal or research purpose it is not necessary or essential to permit slaughter of healthy cow, then there would be no occasion for the State to invoke exemption power under S. 12 of the Act for such a purpose. Similarly it has to be held that if it is not necessary or essential to permit slaughter of a healthy cow for any religious purpose it would be equally not open to the State to invoke its exemption power under S. 12 for such a religious purpose. We, therefore, entirely concur with the view of the High Court that slaughtering of healthy cows on Bakri Idd is not essential or required for religious purpose of Muslims or in other words it is not a part of religious requirement of a Muslim that a cow must be necessarily scarified for earning religious merit on Bakri Idd. *** ****”
——–
In view of above, we expect and hope that the State shall make all efforts or take all endeavours to see that the provision of the West Bengal Animal Slaughter Control Act, 1950 is not violated or flouted in any manner whatsoever.
Let this matter appear before the regular Bench on the reopening day.
(Harish Tandon, J.) (Soumen Sen, J.)
- Any slaughter which is not a part of the RELIGIOUS REQUIREMENT of Muslims, is not permitted in law; and
- The fact “that a substantial part of the Muslim community does take to cow slaughter on such an occasion” does not make it a part of the religious requirement of Muslims on the occasion of Bakr Eid, and therefore, cannot be regarded as permitted, or exempt from the rigor of the law.
The Supreme Court of India, in the matters of M. H. Qureshi vs. State of Bihar reported in AIR 1958 SC 731, and State of West Bengal & Ors. vs. Ashutosh Lahiri and Others reported in AIR 1995 SC 464, and the Calcutta High Court in the matters of Rajesh Yadav & Ors. vs. State of West Bengal & Ors., and Kedarnath Brahmachari & Ors. vs. The State of West Bengal & Ors. reported in 1982 (II) CHN 273, have all held that :
Any slaughter which is not a part of the RELIGIOUS REQUIREMENT of Muslims, is not permitted in law ; and
The fact “that a substantial part of the Muslim community does take to cow slaughter on such an occasion” does not make it a part of the religious requirement of Muslims on the occasion of Bakr Eid, and therefore, cannot be regarded as permitted, or exempt from the rigor of the law.
Extract from judgment of the Calcutta High Court, that refers to the other 3 judgments mentioned above :
13.10.2011.
W.P. 16749 (W) of 2011.
(PIL)
Rajesh Yadav & Ors. Vs. State of West Bengal & Ors.
——– excerpts of the judgment —–
Since decades, the point has cropped up whether the sacrifice of the cow on Bakr id Day is an essential part of the religious requirement of the Musalmans, the Division Bench of this Court in case of Kedarnath Brahmachari & Ors. vs. The State of West Bengal & Ors. reported in 1982 (II) CHN 273 held :
“Next we proceed to consider the case of the petitioners on its merit we find that in the case of M. H. Qureshi v. State of Bihar AIR 1958 SC 731 the Supreme Court had gone into the disputed point specifically when it was held that sacrifice of a cow on Bakr id Day is not an obligatory overt act for a Musalman to exhibit his religious belief and ideas. The very contention in this regard which has been put forward before us by the learned Advocate General, namely, that a substantial part of the Muslim community does take to cow slaughter on such an occasion was also advanced before the Supreme Court on that occasion but the Supreme Court rejected the said contention in holding that notwithstanding such sacrifice by a number of Musalmans, such slaughter cannot be considered to be a part of religious requirement. In the present case, we find that when respondent nos. 2 to 16 granting exemptions under S.12 and permitting cow slaughter on the Bakr id Day, they are doing so for no purpose other than religious purpose. But there, the said respondents are totally over looking that such slaughter cannot be a religious purpose because it is not a part of the religious requirement for the Musalman that a cow or that any of the scheduled animals required to be sacrificed in observing Bakar id. A sacrifice which is not a part of the religious requirement cannot, in our view, be sanctioned on the ground of religious purpose within the meaning of S. 12 of the said Act. In that view, we cannot but except the contention of Mr. Chakravarti that exemptions under S. 12 of the said Act which are being granted for slaughter of cows on the Bakar id Day are really de hors the statute not being within the sanction of the said provision.”
The Apex Court in case of State of West Bengal & Ors. vs. Ashutosh Lahiri and others reported in AIR 1995 SC 464 laid down the proposition that the sacrifice of the cows on auspicious day of Bakr id is not imperative but optional religious rituals in following words.
“ ******* In this connection, Das C.J., referred to the historical background regarding cow slaughtering from the times of Mughal Emperors. Mughal Emperor Babar saw the wisdom of prohibiting the slaughter of cows as and by way of religious sacrifice and directed his son Humayun to follow this. Similarly, Emperors Akbar, Jehangir and Ahmed Shah, it is said, prohibited cow slaughter. In the light of this historical background it was held that total ban on cows slaughter did not offend Art. 25 (1) of Constitution. In view of this settled legal position it becomes obvious that if there is no fundamental right of Muslim to insist on slaughter of healthy cow on Bakri Idd day, it cannot be a valid ground for exemption by the State under S 12 which would in turn enable slaughtering of such cows on Bakri Idd. The contention of learned counsel for the appellant that Art. 25 (1) of the Constitution deals with essential religious practices while S. 12 of the Act may cover even optional religious practices is not acceptable. No such meaning can be assigned to such an exemption cause which seeks to whittle down and dilute the main provision of the Act, namely S.4 which is the very heart of the Act. If the appellants’ contention is accepted then the State case exempt from the operation of the Act, the slaughter of healthy cows even for non-essential religious, medicinal or research purpose, as we have to give the same meaning to the three purposes, namely, religious, medicinal or research purpose, as envisaged by Sec. 12. It becomes obvious that if for fructifying any medicinal or research purpose it is not necessary or essential to permit slaughter of healthy cow, then there would be no occasion for the State to invoke exemption power under S. 12 of the Act for such a purpose. Similarly it has to be held that if it is not necessary or essential to permit slaughter of a healthy cow for any religious purpose it would be equally not open to the State to invoke its exemption power under S. 12 for such a religious purpose. We, therefore, entirely concur with the view of the High Court that slaughtering of healthy cows on Bakri Idd is not essential or required for religious purpose of Muslims or in other words it is not a part of religious requirement of a Muslim that a cow must be necessarily scarified for earning religious merit on Bakri Idd. *** ****”
——–
In view of above, we expect and hope that the State shall make all efforts or take all endeavours to see that the provision of the West Bengal Animal Slaughter Control Act, 1950 is not violated or flouted in any manner whatsoever.
Let this matter appear before the regular Bench on the reopening day.
(Harish Tandon, J.) (Soumen Sen, J.)
Refrain from cow slaughter on Eid,
clerics appeal to Muslims
October 23, 2012
LUCKNOW: Muslim clerics have appealed to the Muslims to refrain from cow slaughter on the occasion of Eid as a mark of respect for the religious feelings of Hindus.
The All India Muslim Personal Law Board vice-president and Shia cleric Maulana Syed Kalbe Sadiq, in a statement Sadiq, said "It is my appeal to Muslims to completely restrain from sacrificing the cow on the Eid-ul-Azha. India is our country and we should respect the feeling of Hindu brethren who are in the majority."
Maulana Sadiq, who is known for promoting modern and scientific education among Muslims, said, "A fatwa was issued for Shia Muslims after Independence in which sacrificing cow was prohibited in the country."
Nayab Mohatamim (pro vice-chancellor) of Islamic Seminary Dar-ul-Uloom Deoband Maulana Abdul Khaliq Madrasi said that the institution was also in favour of Muslims avoiding cow slaughter. He said in some states there is a ban on cow slaughter but Muslims should avoid sacrificing the animal even at places where it has not been prohibited. This, he said, has been published by Dar-ul-Uloom in the book related to issues pertaining to sacrifice. He said that while literate class try to follow the advice of the Islamic institutions on the issue of sacrificing cow, greater awareness was lacking in the illiterate class.
Source: Times of India
LUCKNOW: Muslim clerics have appealed to the Muslims to refrain from cow slaughter on the occasion of Eid as a mark of respect for the religious feelings of Hindus.
The All India Muslim Personal Law Board vice-president and Shia cleric Maulana Syed Kalbe Sadiq, in a statement Sadiq, said "It is my appeal to Muslims to completely restrain from sacrificing the cow on the Eid-ul-Azha. India is our country and we should respect the feeling of Hindu brethren who are in the majority."
Maulana Sadiq, who is known for promoting modern and scientific education among Muslims, said, "A fatwa was issued for Shia Muslims after Independence in which sacrificing cow was prohibited in the country."
Nayab Mohatamim (pro vice-chancellor) of Islamic Seminary Dar-ul-Uloom Deoband Maulana Abdul Khaliq Madrasi said that the institution was also in favour of Muslims avoiding cow slaughter. He said in some states there is a ban on cow slaughter but Muslims should avoid sacrificing the animal even at places where it has not been prohibited. This, he said, has been published by Dar-ul-Uloom in the book related to issues pertaining to sacrifice. He said that while literate class try to follow the advice of the Islamic institutions on the issue of sacrificing cow, greater awareness was lacking in the illiterate class.
Source: Times of India
50,000 animals sacrificed for Chhattar
Riyan Ramanath V, The Times of India - Oct 23, 2012
BHUBANESWAR: Like every year, faith took precedence over reasoning at Bhawanipatna in Kalahandi district. Nearly 50,000 animals were sacrificed along the main thoroughfares of the town on Monday to propitiate Manikeswari during 'Bijaya Yatra' of the annual Chhattar festival.
This happened despite the best efforts of the administration to check animal sacrifice. The number is 20% more compared to last year, sources said.
"Animal sacrifice took place despite our best efforts. We had launched awareness campaigns a week before the festival, but that didn't bear fruit," said SP (Kalahandi) S Ahmed.
More that one lakh people took part in the procession of Manikeswari, the presiding deity of the area. She was taken in a procession from Jenakhal after Sandhi puja to Bhawanipatna, which is the permanent abode of the deity, amid the rhythmic beats of Jenabadya, Nisan and Ghanta (traditional musical instruments) and dancers performing 'Ghumura' and martial art forms.
Devotees lined up along the road for a glimpse of the goddess. "We believe that we will get rid of out vices and diseases by sacrificing animals. Every year we participate in the festival to invoke the deity's blessings," said Madhu Chandan, a devotee.
The municipality authorities were asked to clean the bloodied roads after the festival. "We engaged around 50 sweepers to clean the roads after the rituals. The civic body was entrusted with the cleaning work two days before the festival," said Loknath Tiwari, executive officer of the municipality.
Every year before the start of the sacrifice ritual on Asthami, two swords belonging to the goddess are washed in the pond located behind the Bhawanipatna royal palace. These are then worshipped and brought back to the temple in a procession. Then a buffalo is sacrificed at the Budharaja or Vairab temple, a satellite shrine of the Manikeswari temple.
This is the only time the deity is worshipped during the year. Following this ritual, the Chhattar or umbrella of the goddess, along with two swords of the deity, are taken out for the procession.
BHUBANESWAR: Like every year, faith took precedence over reasoning at Bhawanipatna in Kalahandi district. Nearly 50,000 animals were sacrificed along the main thoroughfares of the town on Monday to propitiate Manikeswari during 'Bijaya Yatra' of the annual Chhattar festival.
This happened despite the best efforts of the administration to check animal sacrifice. The number is 20% more compared to last year, sources said.
"Animal sacrifice took place despite our best efforts. We had launched awareness campaigns a week before the festival, but that didn't bear fruit," said SP (Kalahandi) S Ahmed.
More that one lakh people took part in the procession of Manikeswari, the presiding deity of the area. She was taken in a procession from Jenakhal after Sandhi puja to Bhawanipatna, which is the permanent abode of the deity, amid the rhythmic beats of Jenabadya, Nisan and Ghanta (traditional musical instruments) and dancers performing 'Ghumura' and martial art forms.
Devotees lined up along the road for a glimpse of the goddess. "We believe that we will get rid of out vices and diseases by sacrificing animals. Every year we participate in the festival to invoke the deity's blessings," said Madhu Chandan, a devotee.
The municipality authorities were asked to clean the bloodied roads after the festival. "We engaged around 50 sweepers to clean the roads after the rituals. The civic body was entrusted with the cleaning work two days before the festival," said Loknath Tiwari, executive officer of the municipality.
Every year before the start of the sacrifice ritual on Asthami, two swords belonging to the goddess are washed in the pond located behind the Bhawanipatna royal palace. These are then worshipped and brought back to the temple in a procession. Then a buffalo is sacrificed at the Budharaja or Vairab temple, a satellite shrine of the Manikeswari temple.
This is the only time the deity is worshipped during the year. Following this ritual, the Chhattar or umbrella of the goddess, along with two swords of the deity, are taken out for the procession.
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