Karnataka: Why the Congress plan to reverse BJP’s cow slaughter ban is controversial

The situation came to a head recently, after the new minister for animal husbandry in the Congress government, K Venkatesh, indicated the the party’s intent  by saying “If bulls and buffaloes can be slaughtered, why not cows?”

These remarks invited protests from the opposition BJP, which emphasised upon the sacrality of the cow in Hindu culture, and forced Karnataka Chief Minister Siddaramaiah to indicate that any amendments to the 2020 law would only be done after due discussion. Randeep Singh Surjewala, Congress leader and Rajya Sabha MP,  also rebuked the animal husbandry minister for his remarks on Thursday.

What is the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020?

The law came into force in 2021 after being passed in the state legislative assembly and council by the ruling BJP government – amid objections by the opposition Congress and Janata Dal Secular parties. It is a stringent law to restrict the slaughter of all forms of cattle in the state.

The 2020 law repealed and replaced the less stringent Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 which has been in the state since then. While the 1964 law banned the killing of “any cow or calf of she-buffalo” it allowed the slaughter of bullocks, and male or female buffalos if certified by a competent authority to be above the age of 12 years, incapacitated for breeding, or if deemed sick.

Under the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, cattle have been designated as “cow, calf of a cow and bull, bullock and he or she buffalo” and their slaughter is banned. The only exemptions are buffaloes above the age of 13 years and certified by a competent authority, cattle used in medical research, cattle certified for slaughter by a veterinarian to prevent spread of a disease, and very sick cattle.

The new law has also increased punishment for breaking the law, to the range of three to seven years of jail, or fines ranging from Rs 50,000 to Rs 5 lakh or both. As per the 1964 law, the maximum punishment was for a period up to six months of imprisonment and a fine of up to Rs 1000.

The new law also prescribes punishments for illegal transport of cattle, sale of meat and purchase or disposal of cattle for slaughter – namely, a prison term of three to five years, and a fine of Rs 50,000 to Rs 5 lakh.

Why did the BJP introduce such a stringent law in the state?

The ban on cattle slaughter has been a prominent demand of right-wing Hindutva groups like the RSS, the VHP and others, which form the core support base of the BJP. These groups have viewed cattle – especially the cow–– in a religious rather than an agrarian context.

During the BJP’s tenure in Karnataka between 2008 and 2013 the Karnataka Prevention of Slaughter and Preservation of Cattle Bill, 2010, was passed by the B S Yediyurappa led government.

The 2010 law however did not receive the assent of the Governor, and the Congress party, which came to power in 2013 reverted to the less stringent 1964 law, which allowed cattle slaughter on a limited basis – especially those classified as being old, sick or unproductive on farms.

After the BJP returned to power in 2019, the Cow Protection Cell of the party in Karnataka wrote to chief minister BS Yediyurappa seeking a re-introduction of the 2010 law that was shelved by the previous Congress government.

“As the chief minister in 2010 you tried to enact the Karnataka Prevention of Slaughter and Preservation of Cattle Bill, 2010. The Governor did not give his assent for the law to come into force. The Siddaramaiah government subsequently withdrew the bill,” the BJP Cow Protection Cell said in a letter to the CM dated August 27, 2019.

“Now the BJP is once again in power in Karnataka and the party in its manifesto for the state assembly elections has stated the need for banning cow slaughter and introduction of a more stringent law than what was drafted in 2010. The government must examine the issue and introduce a bill in the next session of the state legislature,” the letter stated.

In December 2020, the BJP government tabled and passed the Karnataka Prevention of Slaughter and Preservation of Cattle Bill, 2020 in the state assembly while the opposition, Congress and JDS, staged a walkout. The opposition alleged gross violation of principles for functioning of the legislature by the BJP, in context of the manner in which the bill was tabled and passed without a debate.

“It is considered necessary to repeal the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 to prohibit the slaughter of cattle and for the preservation and improvement of the breeds of cattle and to endeavour to organize agriculture and animal husbandry in terms of Article 48 of the constitution of India by enacting a comprehensive legislation,” the new law said in its statement of reasons for introduction.

In February 2021, the bill was passed in the legislative council despite the BJP having fewer members than the combined strength of the Congress and JDS in the house. The two parties once again opposed the bill, with Congress leader BK Hariprasad stating that the BJP has double standards on cattle slaughter – one where it supports slaughter in states like Kerala, Goa, Manipur and Meghalaya, and another where it opposes slaughter.

What have been the repercussions of the 2020 law?

The agrarian economy has been majorly impacted by the 2020 law, especially in southern Karnataka, where cattle is an integral part of livelihood in terms of dairy farming and agriculture. Farmers have been up in arms over the ban on cattle slaughter, and there has been widespread complaints in the farming communities that the BJP’s ban on cattle slaughter has deprived farmers of alternatives when cattle fall sick or turn unmaintainable.

The latent anger in the farming community against the cow slaughter ban, coupled with other aspects of the tenure of BJP government – including the high cost of fertilizers and fodder – is believed to have played a central role in the defeat of the BJP in the 2023 polls.

Traditional cattle markets have been slowly shutting down and there were few merchants to buy cattle. Moreover, there have been also been incidents of right-wing cow vigilantes – who are granted immunity under the new law – taking law into their own hands to prevent the transportation of cattle for slaughter to states such as Kerala and Tamil Nadu.

“The government claims that the ban on cattle slaughter has benefitted the ecosystem but it has done nothing. Farmers would sell cattle earlier if they were unproductive but that cannot be done now. The cattle cannot be sold in the markets because a case will be filed against the farmer,” current Congress CM Siddaramaiah said in February 2023 as opposition leader.

“Remove the cattle slaughter law, it is a hidden agenda and communal agenda. There are no buyers for sick and aged cattle. It is a loss for the farmers,” he said.

What is the newly elected Congress government likely to do?

One of the promises made by the Congress party in its manifesto for the 2023 Karnataka polls was “to repeal anti farmer laws enacted by the BJP government and to withdraw all politically motivated cases against farmers.”

Karnataka Chief Minister Siddaramaiah, who has been a vocal supporter for the repeal of “anti farmer” laws like the cattle slaughter ban, the Karnataka Agricultural Produce Marketing (Regulation and Development) (Amendment) Act 2020, and the Karnataka Land Reforms (Amendment) Act, 2020, told a delegation of farmers recently that he will review calls for amendments to the Cattle Slaughter Act, the APMC Act and the Land Reforms Act.

The Congress is likely to seek a return to the 1964 law, which imposed a ban on the slaughter of cows but allowed the restricted slaughter of cattle of other forms on the condition of old age, sickness and lack of productivity. The party is expected to project the move as being critical to the livelihood and economic survival of farmers, rather than a religious issue.

“They (BJP) amended it once. We reverted it to the earlier provisions. They have amended it again. We will discuss it in the Cabinet meeting,” Karnataka CM Siddaramaiah said recently.

However, the Congress party is likely to face strong opposition from the BJP on the matter and is expected to tread cautiously despite its numerical advantage in the legislative assembly. There are some concerns that a move to repeal the 2020 law ahead of the 2024 parliament polls may be detrimental to Congress interests in northern India, where the move could acquire a religious connotation that is unconnected to the realities of the agrarian economy.

The word of caution given to the new Congress minister for animal husbandry by the Congress central leadership “to stay within his limits” on the cattle slaughter ban issue is seen as an indication of the Congress adopting a calibrated approach to fulfilling its poll promise to repeal “anti-farmer” laws enacted by the BJP.