Skip to main content

Will Gujarat cow slaughter law apply on those forcing cows to eat plastics?


By Rajiv Shah
The Gujarat state assembly may have cleared a law allowing an extremely harsh punishment entailing a maximum of life and a minimum of 10 years imprisonment for cow slaughter. However, in less than month after the Gujarat Animal Preservation (Amendment) Bill, 2017 was passed in the absence of the Opposition Congress, with the visitors’ gallery packed with saffron-clad Hindu priests, Gujarat’s Dalit organizations wonder if the law would apply to those who force cows to consume plastics along with leftover food offered to them.
Passed eight months after self-styled cow vigilantes brutally beat up four Dalit boys on suspicion of cow slaughter in Una, a small town in Saurashtra, the new law goes so far as to make offences under the amended Act non-bailable. The Bill was cleared amidst Gujarat Chief Minister Vijay Rupani declaring, “I am not against any food”, but in the same breathe adding, he wanted to make Gujarat “shakahari (vegetarian).”
One of those who has decided to challenge the law by holding a huge meeting in Surendranagar on May 10 is Natubhai Parmar, a well-known Dalit rights activist, who shot into prominence for his unusual protest of unloading truckload of cow carcasses in front the district collector’s office, telling the state government to decide what to do with the dead cattle, as his community had decided not to skin cows following the attack on the four Dalit boys.
According to Parmar, the theme of the mega meet planned in Surendranagar is — `Jiv matra karuna ne patra’ (living creatures need compassion). A mainly Dalit meet, one of its highlights would be a life-sized prototype of a cow filled with 182 kilograms of plastics, equal to the number of MLAs in Gujarat state assembly, reminding the Gujarat government and MLAs that the most important reason for the death of the cows is not by slaughter but because of the consumption of plastics.“Cows need to be given proper food. More cows die eating plastic than at slaughter houses in Gujarat. We are demanding that, like every Indian citizen, aadhaar cards be issued to cows and also that fodder depots on the lines of ration shops be opened at every village”, said Parmar.
Elaborated Dalit rights organization Navsarjan Trust’s founder, Martin Macwan, who is the main brain behind the proposed Surendranagar meet, “We want that gauchar land be given back to villages and that it be used exclusively for cows.” He added, the Surendranagar meet would demand “postmortem on each dead cow to ascertain the exact cause of the death of cows.”
Even as the Dalits are planning their unusual meet in Surendranagar, the Gujarat government has admitted, huge gauchar lands have actually been handed over to industry. Union minister under the Atal Behari Vajpayee government, Vallabh Kathiria, who currently chairs the state government’s main organization meant to promote cow protection, Gujarat Gauseva and Gauchar Vikas Board, has himself admitted that about 20% of gauchar land has been “given away for industrial purposes.”
However, facts suggest that this would be an understatement. Basing on official sources, a 2014 report said that Gujarat would be suffering from a shortage of a whopping 65 per cent of the common village land, meant for grazing of cattle. On the basis of the official data obtained from the Gujarat government, the Maldhari Rural Action Group (MARAG), an Ahmedabad-based non-profit organisation, surveyed 90 villages in three districts – Kutch, Patan and Surendranagar.
It found that a juxtaposition of “the spot analysis in each of the villages and the government data on gauchar” suggested there was not much difference between the two, adding, “In the 30 villages of Nakhatra taluka of Kutch district, there should have been 24,880.8 acres of land for 65,317 cattle, if the official norm of 40 acre for 100 cattleheads is to be maintained. However, the survey found that only 2,736.1 acres of land existed as gauchar, suggesting a shortfall of 74.08 per cent.”
The situation was found to be not very different for 30 villages taken up for survey in Shankheshwar taluka of Patan district, where, officially, there should have been 11,278 acres of gauchar land, though only 4,290.9 acres (or 37 per cent of the actual requirement) was available for 28,195 cattleheads. Similarly, in the 30 villages surveyed in the Patdi taluka of Surendrangar district, there should have been 10,180 acres of land, while only 5,083.23 acres (or 50 per cent) gauchar was available to feed 25,450 cattleheads.
An analysis of the survey said that in none of the villages did the team found the norm of 40 villages per acre has been maintained. “According to the complaints we received, most of the gauchar land has either been encroached upon by vested interests or has been illegally handed over for industrial or other commercial use”, the analysis said, adding, “We also found that that there has not been any land measurement of the area required for cattle in Gujarat villages. A spot survey needs to be carried out by the revenue department officials for this on a regular interval.”
A right to information (RTI) application revealed in 2013 that the Gujarat government acquired and handed over a whopping 81.95 crore square metres of land to top industrial houses, most of it dirt cheap, over the last one decade. It found that the price at which the land — which belonged to farmers, or was common village gochal land meant for cattle — varied between a mere Re 1 to Rs 900, depending on the area, but in every case much less than the prevailing market rate.
Two senior scholars, Shalini Bhutani and Kanchi Kohli, have noted, this has happened despite the fact that, following a Supreme Court order dated January 28, 2011, the Development Commission of Gujarat was forced to issue a circulated (dated March 4, 2011) titled “Removal of Encroachments on land vested including gauchar”, which stated, under Section 105 of Gujarat Panchayats Act, 1993, “the village panchayat has the powers to remove unauthorised encroachments, encroachments without permission and on gauchar land or any crop grown unauthorisedly on any other land”.
The scholars reveal, in 2012, the Gujarat government decided to come up with a gauchar land policy, under which it was proposed not to give any gauchar land for industrial or commercial purposes. However, a report in April 2014, suggesting that nothing happened to the policy, said, there were “11,950 registered encroachments on gauchar lands” across Gujarat, adding, the highest gauchar encroachment was registered in Gandhinagar district (1,776), followed by Patan (1,722), Amreli (1,212), Ahmedabad (1,193) and Mehsana (1,093) districts. It added, the state government has given away more than 1.16 lakh square metres of gauchar lands over the four years in five districts of the states, and no pastoral lands are left in 424 villages out of a total of 18,000.
Giving the example of how gauchal lands were disappearing, scholar Kanchi Kohli writes in another article that, on September 29, the Gujarat High Court issued “significant directions related to the repatriation of grazing land to villages that had been acquired for a Special Economic Zone (SEZ)” in Kutch district.
This happened after “three gram panchayats in Mundra taluka of Kutch district in Gujarat had approached the High Court in separate Public Interest Litigations (PILs) specifically highlighting the scarcity and importance of gauchar (grazing) land in their area. In their prayers before the court, representatives of Goyarsama, Navinal and Luni villages raised not just the paucity of grazing land available for them, but the fact that grazing land was critical for the sustenance of their cattle and that it was integrally linked with local livelihoods.”
Kohli says, “Large tracts of grazing land have been given to industrial giants and port developers like the Adani group which have huge multi-sector operations in the area related to a port, coal handling facilities, power generation, ship-breaking and so on. What this meant for villagers was that access to grazing land had been deterred with the creation of gates, fences or construction of railway lines.”
In yet another article by a senior Gujarat-based activist, Pankti Jog, “Gujarat: Land Rights of Marginalized Communities”, in a book “Land to the Tiller: Revisiting the Unfinished Land Reforms Agenda” (2016), published by Action Aid, reveals that, as a result of the disappearance of gauchar lands, the nomadic and de-notified tribes (NT-DNT) category has suffered the most. Constituting over eight per cent of the total population, or about 70 lakh, one of their main traditional occupations has been cattle breeding. As these communities do not possess any land, they settle on wastelands and/or pastureland in the village. According to Jog, things deteriorated following a government resolution (GR) of 2004 to allow allotment of pastureland for industrial purposes by charging 30 percent extra costs premium.
Jog says, “No official data is available on the use of common land (wasteland, grazing land) by pastoralist communities in Gujarat. In the absence of mapping of land use, especially for pastoral activities, the use of land for various purposes like migration, temporary settlements and use of common property resources (CPRs) for fuel and other purposes are overlooked. The overlooking of such basic necessary pastoral activities is then portrayed as violation and illegal activity by the state machinery and the people are penalized for these activities.”
The activist adds, “Privatization of CPRs is an issue of great concern. A huge amount of land is being allotted to industries under the fast track-single window clearance system. To avoid administrative hurdles, the fast track system bypasses the cross-checking mechanism that may have recognized user rights or livelihood dependency of the marginalized communities. The district administration admits huge political pressures for speeding up procedures during allotment of land to industries.”

Comments

TRENDING

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Election bells ringing in Nepal: Can ousted premier Oli return to power?

By Nava Thakuria*  Nepal is preparing for a national election necessitated by the collapse of KP Sharma Oli’s government at the height of a Gen Z rebellion (youth uprising) in September 2025. The polls are scheduled for 5 March. The Himalayan nation last conducted a general election in 2022, with the next polls originally due in 2027.  However, following the dissolution of Nepal’s lower house of Parliament last year by President Ram Chandra Poudel, the electoral process began under the patronage of an interim government installed on 12 September under the leadership of retired Supreme Court judge Sushila Karki. The Hindu-majority nation of over 29 million people will witness more than 3,400 electoral candidates, including 390 women, representing 68 political parties as well as independents, vying for 165 seats in the 275-member House of Representatives.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

'Condonation of war crimes against women and children’: IPSN on Trump’s Gaza Board

By A Representative   The India-Palestine Solidarity Network (IPSN) has strongly condemned the announcement of a proposed “Board of Peace” for Gaza and Palestine by former US President Donald J. Trump, calling it an initiative that “condones war crimes against children and women” and “rubs salt in Palestinian wounds.”

With infant mortality rate of 5, better than US, guarantee to live is 'alive' in Kerala

By Nabil Abdul Majeed, Nitheesh Narayanan   In 1945, two years prior to India's independence, the current Chief Minister of Kerala, Pinarayi Vijayan, was born into a working-class family in northern Kerala. He was his mother’s fourteenth child; of the thirteen siblings born before him, only two survived. His mother was an agricultural labourer and his father a toddy tapper. They belonged to a downtrodden caste, deemed untouchable under the Indian caste system.

India’s road to sustainability: Why alternative fuels matter beyond electric vehicles

By Suyash Gupta*  India’s worsening air quality makes the shift towards clean mobility urgent. However, while electric vehicles (EVs) are central to India’s strategy, they alone cannot address the country’s diverse pollution and energy challenges.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

MGNREGA: How caste and power hollowed out India’s largest welfare law

By Sudhir Katiyar, Mallica Patel*  The sudden dismantling of MGNREGA once again exposes the limits of progressive legislation in the absence of transformation of a casteist, semi-feudal rural society. Over two days in the winter session, the Modi government dismantled one of the most progressive legislations of the UPA regime—the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).