Mirzapur Moti Kureshi Case- A Landmark Judgement on The Question of Banning Cow Slaughter

Abstract

In 2005, in the State of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat1 case, a seven-judge Supreme Court constitution bench heard a challenge of a complete ban of the slaughter of cow progeny in Gujarat. In a majority 6-1 ruling, the court held that such a ban is not a prohibition but only a restriction, because the slaughter of certain other animals is still legal and hence there is no infringement of a fundamental right to occupation, trade or business. The court had observed that the protection of cow progeny was “needed in the interest of the nation’s economy”. This is the most important case with respect to the issue of banning cow slaughter. The petition was challenging the amendments in Section 5 of the Bombay Animal Preservation, which was also applicable to the state of Gujrat. The amendments changed the ban on slaughter of bulls and bullocks under the age of 16 to a complete ban.