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Cows and Constitutionalism

Published online by Cambridge University Press:  30 January 2019

ROHIT DE
ROHIT DE*
Affiliation:
Yale University Email: rohit.de@yale.edu
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Abstract

Cows have been the subject of political petitioning in South Asia for over a hundred years. This article examines the changing relationship between communities and the state in India through the transformation of petitioning practices—from ‘monster’ petitions, to postcard campaigns and constitutional writs—by the proponents and opponents of the cow protection movement from the late nineteenth century through to the first decades of independence. The article shows that, instead of disciplining and formalizing popular politics, petitioning provides channels for mobilization and disruption. As Hindus and Muslims engaged in competitive petitioning to rally a public, persuade the executive, or litigate through the courts, the question of cow slaughter was recast from one of community representation to religious belief, to property rights, to federalism, and, finally, questions of national economic development. In the absence of representative government in colonial India, Hindus for cow protection generated massive petitions which argued that they represented popular democratic will. Despite the lack of a constitution, Muslim petitioners sought to establish a judicially enforceable framework to protect their right to cow slaughter. Independence, which brought both democracy and a written constitution, caused a fundamental break with older claims and forms of petitioning, and led to both Hindus and Muslims seeking to settle the debate through writ petitions before constitutional courts.

Type
Research Article
Information
Modern Asian Studies , Volume 53 , Special Issue 1: Petitioning and Political Cultures in South Asia , January 2019 , pp. 240 - 277
Copyright
Copyright © Cambridge University Press 2019 

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Footnotes

I am grateful to the editor and the two anonymous reviewers of MAS for their generous comments on this article.

References

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19 Lord Lansdowne's Minutes on the Anti-Kine Killing Movement, 28 December 1893, IOR/L/P&J/257/1894.

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24 Gandhi's writings are rife with references to ‘monster petitions’.

25 S.295, Indian Penal Code, 1860.

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30 Ibid.

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33 Nanbahar Singh v. Kabir Bux, AIR 1930 All 753.

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57 Shibban Lal Saxena, United Provinces, CAD, 24 November 1948.

58 Seth Govind Das was an influential ‘Marwari’ businessman and served as a legislator for 32 years. His two main priorities were the adoption of Hindi as the national language and cow protection. He raised the issue of cow protection in the Council of State as early as 1927, served several terms as president of the All India Cow Protection Society, and was appointed a member of the Cattle Preservation Development Committee by the Ministry of Agriculture in 1947. He introduced a number of private member bills for a national ban on cow slaughter in the 1950s. See Hooja, Bhupendra, A Life Dedicated: Biography of Govind Das (Delhi: Seth Govind Das Diamond Jubilee Celebrations Committee, 1956)Google Scholar.

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87 The Committee's report was unanimously adopted by both legislatures in UP in 1955 and laid the basis for the total ban on cow slaughter. ‘Cow Slaughter Ban in UP’, The Times of India, 11 February 1955, p. 8.

88 Report of the Cattle Preservation and Development Committee (Delhi: Ministry of Agriculture, 1949), p. 47.

89 The court quoted from the Assam Cattle Protection Act, 1950; the Bombay Animal Preservation Act, 1948; the West Bengal Animal Slaughter Control Act, 1950; the Hyderabad Slaughter of Animals Act, 1950; and the Tranvancore and Cochin Notification, 1951.

90 Lala Hardev Sahai, ‘Sarvocha Nyayalaya ka nirnay godhan ko katal se naheen bacha sakta: Pashu visheshagyon ka safal shadyantra’ (‘Supreme Court Decision Could not Save Cows from Slaughter: Animal Experts’ Successful Conspiracy’), File 277, Purushottam Das Tandon Papers, NAI.

91 Ibid.

92 Dulla and Others v. State of Uttar Pradesh, AIR 1958 All 198; Ayub v. The State of Uttar Pradesh, AIR 1962 All 141.

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94 Mirzapur Moti Kureshi Kassab Jamat v. State of Gujarat, AIR 2006 SC 212.

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