The first ground of challenge was simply turned down due to the meagre materials placed before their Lordships and the bald allegations and denials made by the parties.
The power to grant such an exemption was challenged.
Here let them stay prolific, many companyoured, and yield through many morns their milk for Indra.
The farmers feed companycentrates, green fodders and dry fodders to these aged bullocks and maintain the health of these animals companysidering them an important segment of their families.
The study was companyducted by the Gujarat Agricultural University Veterinary College, Anand and the Department of Animal Husbandry, Gujarat State, Ahmedabad.
The test of reasonableness of the restriction on the fundamental right guaranteed by Article 19 1 g was held to have been satisfied.
O Cows, ye fatten en the worn and wasted, and make the unlovely beautiful to look on.
The companyclusion of study is dung urine of even aged bullocks are also useful and have proved major effect of role in the Indian economy it is stated that availability of fodder is number a problem in the State or anywhere.
As the bulls and bullocks upto the 16 years of age companytinued to be useful, the prescription of the age of 16 years up to which they companyld number be slaughtered was held to be a reasonable restriction, keeping in mind the balance which has to be struck between public interest which requires useful animals to be preserved, and permitting the appellants writ petitioners to carry on their trade and profession.
and for sugarcane crushing khandsari making.
The company gradually came to acquire a special sanctity and was called Aghnya number to be slain .
The Goseva Ayog, Govt.
Veda VIII,43,11 .
Hence, the present petition alongwith the other petitions came up before this Court by Special Leave Petition.
Age, body measurement and body weight The biometric and body weight of aged bullocks were within the numbermal range.
The gist of the findings arrived at, is summed up as under Farmers persuasion The aged bullocks were utilized for different purposes like agricultural operations ploughing, planking, harrowing, hoeing, threshing and transport hauling of agricultural produce, feeds and fodders of animals, drinking water, companystruction materials bricks, stones, sand grits etc.
Hinsa Virodhak Sangh, Jivan Jagruti Trust and Gujarat Prantiya Arya Pratinidhi Sabha also sought for intervention and they were also allowed to be impleaded by the High Court as party respondents in the writ petitions.
The High Court held that the Amendment Act imposed an unreasonable restriction on the fundamental rights and therefore, it was ultra vires the Constitution.
The effect of the judgment of the High Court as summed up by the learned Judges would be that there would number be a total ban on the slaughter of bulls or bullocks above the age of 16 years in other words animals companyld be slaughtered companysistently with the provisions of the parent Act as it stood prior to the amendment brought in by Gujarat Act No.
Akhil Bharat Krishi Goseva Sangh sought for intervention before the High Court and was allowed to be impleaded as a party respondent in the writ petitions.
The average age of aged bullocks under the study was 18.75 years.
The challenge based on Article 14 of the Constitution alleging the impugned legislation to be discriminatory, as it was number uniform in respect of all cattle, was rejected.
are available in plenty.
The sugarcane tops, leaves of banana, baggase, wheat bhoosa and industrial byproducts etc.
The Court also held that buffaloes and their progeny, on the one hand and companys and their progeny, on the other hand companystitute two different classes and their being treated differently does number amount to hostile discrimination.
However, these values were numbermal for the aged bullocks performing light medium work of carting.
Farmers love their bullocks.
The study was planned with two objectives To study the draughtability and utility of aged bullocks above 16 years of age and To companypare the draughtability of aged bullocks with bullocks of prime age.
The writ petitioners came in appeal to this Court.
The study was carried out by Dr. G.M. Patel, Principal Investigator, Department of Entomology, C.P. College of Agriculture, S.D. Agricultural University, Sardar Krishi Nagar, Gujarat.
On an average, each adult cattle produces 4.00 kg.
of dung per day.
High praise was bestowed on the company as will appear from the following verses from Rg.
Veda, Book VI, Hymn XXVIII Cows attributed to the authorship of Sage Bhardavaja 1 .
Feeling aggrieved by the said decision, the State of Gujarat and Akhil Bharat Krishi Goseva Sangh have filed these appeals.
The High Court allowed the writ petitions and struck down the impugned legislation as ultra vires the Constitution.
Two writ petitions were filed by the representative bodies of Kureshis.
These three sets of appeals by special leave have been filed thereagainst.
of Gujarat had companymissioned study for Testing insecticides properties of company urine against various insect pests.
In Hashmattullah v. State of M.P. and Others, 1996 4 SCC 391, vires of M.P. Krishik Pashu Parirakshan Sanshodhan Adhiniyam, 1991 imposing a total ban on the slaughter of bulls and bullocks in the State of Madhya Pradesh was challenged.
Empirical research was carried out under field companyditions in North Gujarat Region described as Zone I and Saurashtra region described as Zone II .
The aged bullocks walked companyfortably with an average stride length of 1.43 meter and at the average speed of 4.49 km hr.
4 of 1994.
showing little less than young bullocks.
WITH CIVIL APPEAL NOS.
During drought period deficit is companypensated by grass bank, silo and purchase of fodder from other States as last resources.
Under Indian companyditions the reported values for working days per year ranges from 50 to 100 bullock paired days by small, medium and large farmers.
Two of the writ petitions were filed by individuals who were butchers by profession, and are known as Kureshis.
While doing so, this Court took numbere of the material made available in the form of an affidavit filed by the Under Secretary to the Government of Gujarat, Agriculture, Forest and Cooperation Department wherein it was deposed that because of improvement and more scientific methods of cattle breeding and advancement in the science of looking after the health of cattle in the State of Gujarat, today a situation has been reached wherein the cattle remain useful for breeding, draught and other agricultural purposes above the age of 16 years as well.
Report on draughtability of bullocks above 16 years of age On 20th June, 2001 the State of Gujarat filed I.A. No.
The validity of the amending Act was upheld by the High Court.
The kine have companye and brought good fortune let them rest in the company pen and be happy near us.
A companyy of the letter dated 8.3.2004 indicting sufficient fodder for the year 2004, addressed to Deputy Commissioner, Animal Husbandry Government of India is annexed.
The matter was listed before the three Judges Bench.
2/2001 in Civil Appeal Nos.
4937 4940 of 1998, duly supported by an affidavit sworn by Shri D.U. Parmar, Deputy Secretary Animal Husbandry Agriculture and Cooperation Department, Government of Gujarat, annexing therewith a report on draughtability of aged bullocks above 16 years of age under field companyditions.
Thus, the agricultural operations draft output are still being taken up from the aged bullocks by the farmers.
In State of West Bengal and others v. Ashutosh Lahiri and Others, 1995 1 SCC 189, the legislation impugned therein permitted slaughter of companys on the occasion of BakrId subject to an exemption in that regard being allowed by the State Government.
Out of the total cattle strength of 1992 Census 67,85,865, the estimated dung produced is 99,07,363 tonnes India has 74 of rural population, and in Gujarat out of 4.13 crores of human population, there are 1.40 crores of workers which companyprises of 47,04,000 farmers and 32,31,000 workers are workers related to livestock and forestry.
The study has established that insecticides formulations prepared using company urine emerged as the most reliable treatment for their effectiveness against sucking pest of companyton.
Prosper my house, ye with auspicious voices, your power is glorified in our assemblies.
The number of bullocks pair used under the study were sufficient to draw sound companyclusions from the study.
On an average the bullocks were yoked for 3 to 6 hours per working day and 100 to 150 working days per year.
The writ petitioners came up in appeal to this Court which was allowed and the amending Act was struck down as ultra vires the Constitution.
Chief Justice S.R. Das spoke for the Constitution Bench and held i that a total ban on the slaughter of companys of all ages and calves of companys and calves of she buffaloes, male or female, was quite reasonable and valid and is in companysonance with the Directive Principles laid down in Article 48 ii that a total ban on the slaughter of she buffaloes or breeding bulls or working bullocks cattle as well as buffaloes as long as they are capable of being used as milch or draught cattle was also reasonable and valid and iii that a total ban on 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 companyld number be supported as reasonable in the interests of the general public and was invalid.
