Does the Indian Constitution Prohibit the Slaughter of Cows?

In the recent discussions surrounding cow slaughter in India, a common question arises: Does the Constitution of India prohibit the slaughter of cows?

Article 48 of the Indian Constitution

Article 48 of the Indian Constitution mandates that the state shall endeavour to prohibit the slaughter of cows and calves, as well as other milch and draught cattle. However, it is important to note that this is not an enforceable law on its own, but rather a directive principle recommending such measures to be taken by the government.

Supreme Court Ruling

The Supreme Court of India, in a landmark judgement on October 26, 2005, upheld the constitutional validity of anti-cow slaughter laws enacted by various state governments in India. Currently, 24 out of the 29 states in India have regulations prohibiting either the slaughter or sale of cows.

Freedom of Conscience and Religious Sentiments

Article 25 of the Indian Constitution guarantees the freedom of conscience and the right to profess, practice, and propagate religion, subject to public order, morality, and health. This means that while the Constitution grants freedom of religion, it also recognizes the potential for religious sentiments to be hurt, which can lead to the enactment of laws protecting cows.

States such as Kerala and some northeastern states still allow the consumption of beef made from buffalo or ox meat, as these animals are not considered cows in the religious and cultural context. Moreover, the slaughter of buffaloes and oxen is not prohibited under Article 48.

While Article 48 does mandate the endeavour to prohibit cow slaughter, it does not itself ban the practice. Cow slaughter is only banned in states that have specific laws enacted under the provisions of Article 48. In such states, cow slaughter is illegal, and offences are punishable by law.

Enforceability and Guidelines

It is worth noting that while Article 48 aims to promote the preservation of cows and calves for religious and cultural reasons, it is not an enforceable law. Similarly, the directive principles in the Constitution, such as Article 51A, which outline the fundamental duties of citizens, are not enforceable by

Thus, without specific legislation enacted by the state, individuals cannot be jailed for making, selling, buying, or consuming beef. It is only when a state specifically prohibits cow slaughter that the prohibition becomes enforceable under the law.

The Constitution of India mandates the endeavours to protect cows, but this is not a one-size-fits-all law. The prohibition of cow slaughter is state-specific and must be enacted through specific laws by the state governments.

For more information on the religious and cultural significance of cows, please watch the following video:

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