Article 48 of Indian Constitution, Meaning, Provisions, Case Laws

Article 48 of Indian Constitution is a part of the Directive Principles of State Policy. It directs the government to take steps to organize agriculture and animal husbandry in a modern way. It also emphasizes prohibiting the slaughter of cows, calves and other milch and draught cattle, to promote animal welfare and protect important cattle for agriculture.

Article 48 of Indian Constitution

Article 48: Organisation of agriculture and animal husbandry

The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle.

Constitutional Provisions on Animal Welfare and Rights

The Directive Principles of State Policy in Part IV of the Indian Constitution guide the government on what it should do to create a better society. Two important articles focus on animals: Article 48 and Article 48A.

• Article 48 asks the government to protect animals and prevent cruelty. It also encourages improving agriculture and caring for the environment.
• Article 48A focuses on factory farming. It says animals should not be used for slaughter or experiments in large-scale farms where over 1,000 animals are kept (added by 42nd Amendment Act 1976).

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Article 48 of Indian Constitution Incorporation

• After India’s independence in 1947, there were public discussions about protecting cows from slaughter, as they were considered important for the country’s economy and culture. Many groups and state assemblies supported anti-cow slaughter measures. The issue became controversial and was taken up in the Constituent Assembly.
• The Drafting Committee, headed by B.R. Ambedkar, studied the matter. He explained that fundamental rights apply only to humans, so it would not be right to include animal protection as a fundamental right that people must follow.
• To solve this, Article 48 was placed under the Directive Principles of State Policy (Part IV of the Constitution). This means the state is encouraged to protect animals and promote scientific farming, but it is not a legally enforceable right for citizens.

Article 48 of Indian Constitution Case Laws

Several important court cases have clarified how Article 48 works in India.

• Abdul Hakim Qureshi v. State of Bihar (1961): The petitioner argued that banning cow slaughter in states like Bihar, Uttar Pradesh, and Madhya Pradesh violated Article 25, which guarantees religious freedom for non-Hindus. During Bakr-id, Muslims traditionally sacrifice cows. The Supreme Court said that sacrificing a cow is not compulsory in Islam. Muslims can also sacrifice goats or camels. Therefore, the total ban on cow slaughter does not violate religious freedom.
• State of Gujarat v. Mirzapur Moti Kureshi Kassab (2005): The Supreme Court emphasized that Article 48 specifically protects cows. It also noted that animals that have served humans for generations should be treated with care, even if they are no longer useful. The Court highlighted that animals should be treated kindly and compassionately, reflecting the spirit of Articles 48 and 51A, and recognizing that animals have certain rights deserving protection.