THE CONSTITUTIONAL CONTOURS OF COW PROTECTION

A LEGAL ANALYSIS OF RELIGIOUS RIGHTS IN INDIA

Authors

  • Ashutosh Acharya Author
  • Shikha Mukesh Meena Author

Keywords:

Cow Protection Laws, Constitutional Law, Article 48, Freedom of Religion (Article 25), Freedom of Occupation (Article 19(1)(g), Right to Life (Article 21), Constitutional Conflict, Animal Welfare, Vigilantism

Abstract

The complex constitutional and legal issues surrounding cow protection in India are discussed in this research paper, with particular focus on the ways in which governmental regulations conflict with individual liberties, particularly the freedom of religion and the right to work. In order to show how these forces influenced Article 48 of the Constitution, which makes cow preservation a directive rather than a fundamental right, the study traces the historical development of bovine veneration from Vedic tradition to its politicisation throughout the colonial period. Article 48 and fundamental constitutional safeguards, such as Article 19(1)(g) (freedom of occupation), Article 21 (life and personal liberty), and Article 25 (freedom of religion), continue to clash, according to the research. This tension is highlighted by judicial pronouncements that prioritise animal welfare while simultaneously causing economic and social hardship for minority populations that depend on cattle-related trades, such as those that uphold complete prohibitions on cow slaughter. The paper also looks into the topic of cow vigilantism, in which extralegal enforcement exacerbates tensions within communities and threatens human rights and the rule of law. India presents particular difficulties in balancing secular administration with robust cultural traditions, as demonstrated by a comparative study with international frameworks for religious freedom and animal protection. The paper calls for a more comprehensive and multidisciplinary approach, concluding that effective cow protection policies must strike a balance between religious passion, economic realities, and animal welfare. To ensure both true justice and the rights of all individuals in a secular democracy, policy reforms should address the wider ethical, legal, and socioeconomic ramifications rather than depending solely on religiously driven bans.

Author Biographies

  • Ashutosh Acharya

    Assistant Professor, Law Centre II, Faculty of Law, Delhi University

  • Shikha Mukesh Meena

    PhD Scholar, Faculty of Law, Delhi University.

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Published

2023-04-01

How to Cite

THE CONSTITUTIONAL CONTOURS OF COW PROTECTION: A LEGAL ANALYSIS OF RELIGIOUS RIGHTS IN INDIA. (2023). Delhi Journal of Contemporary Law, 6, 119-134. https://dup.du.ac.in/index.php/DJCL/article/view/280