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

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

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.

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.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.