STATE OF GUJARAT VS.

MIRZAPUR MOTI KURESHI KASSAB JAMAT 1

This case was a writ petition, questioning the validity of an amendment made in Bombay Animal
Preservation (Gujrat Amendment) Act,1994.
The amendment was made on section5 of the act which allowed the slaughter of Bulls and
Bullocks above the age of 16. This petition was filed by three persons who were trading bulls
and bullocks. The petitioner contended that the petitioners contended that the amendment is
interfering with their fundamental right to carry on business as guaranteed under Article 19(1)
(g). “The economy of the State of Gujarat is still predominantly agricultural. In the agricultural
sector, use of animals for milch, draught, breeding or agricultural purposes has great importance.
It has, therefore, become necessary to emphasize preservation and protection of agricultural
animals like bulls and bullocks. With the growing adoption of non-conventional energy sources
like biogas plants, even the waste material has come to assume considerable value. After the
cattle cease to breed or are too old to do work, they still continue to give dung for fuel, manure
and biogas, and therefore, they cannot be said to be useless. The backbone of Indian agriculture
is the cow and her progeny in a way. The whole structure of the Indian agriculture and its
economic system is indirectly dependent on the cow”.
It was observed that while “article 48-A speaks of environment’, article 51-A (g) employs the
expression the natural ‘environment’ and includes therein ‘forests, lakes, rivers and wildlife.
While article 48 provides for cows and calves and other milch and drought cattle’, article 51-A
(g) enjoins it as a fundamental duty of every citizen ‘t have compassion for living creatures",
which in its wider fold embraces the category of cattle spoken of specifically in article 48”.2
In order to give effect to the policy of the State towards securing the principles laid down in
Articles 47, 48 and clauses (b) and (c) of Article 39 of the Constitution, it was considered
necessary to impose total prohibition against slaughter of progeny of cow.”
Indian constitution is one of the rare constitutions where specific provisions regarding imposing
obligation on “state” as well as “citizens” are incorporated in order to protect and improve the
environment. The constitution in the forty-second amendment act 1976 added article 48-A.

1
(2005) 8 SCC 534
2
ENVIRONMENTAL LAW,2020, Dr Paramjit Jaswal, ALLAHABAD LAW AGENCY,