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

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

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.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.