Here Charitable Individualism is the key!… nothing less.

Archive for May, 2017

Article 48 & “…. and prohibiting the slaughter, of cows and calves and other milch and draught cattle!”


“…. and prohibiting the slaughter, of cows and calves and other milch and draught cattle!”
The above clause in Article 48 has rendered all the English knowing people of India, excluding the legislators, English illiterates!

As it is the Directive Principles are not justiciable – which means that when one of those directives are not legislated upon, the Higher Courts wouldn’t have the Constitutional handle to drive the Legislature to legislate on that subject. Therefore it follows that if any legislature has cited any of the legislations to have been enacted with an object to give effect to the noble directions & sentiments enshrined in the Directive Principles of a state Policy, it may be a gratuitous act of that legislature. But remember, for ever remember dear Indians, that any Legislation has only three ends

1. Repeal

2. Struck down by the superior courts as unconstitutional

3. Desuetude

The first usually takes place when the legislature which enacted realises its mistake or the changed circumstances or in deference to a court order or even to preserve the majority of the government of the day.

The second happens when a challenge succeeds in a High Court or the Supreme Court regarding the unconstitutionality of the provisions which offend the Fundamental Rights guaranteed in the Constitution.

The third is merely a provision falling into DISUSE or at times when the courts have struck down, yet left behind in the statute as a relic of no enforceability.

What is in the hands of a common man is the Second option, which is fraught with not merely resistance from the Government which mooted the legislation, but the structural resistance built into the system.

The primary resistance comes from the doctrine that THERE IS A PRESUMPTION OF LEGALITY TO ANY LEGISLATION MADE INTO AN ACT! 
This has to be overcome and this has to be necessarily done in the higher judiciary, where thankfully, English is the language of the higher courts.

Then comes the meanings attributable to the language of the statute. 

Let me expose my ignorance of the language of the clause excerpted above:

The statute uses the word “prohibit“, which is the only verb in the clause, thereby stating in the narrowest of terms the SCOPE OF THE LEGISLATION relating to “slaughter, of cows and calves and other milch and draught cattle”. Consequently I believe that any legislation which tries to REGULATE SLAUGHTER is not mandated by the Constitution of India.

Am I possibly right?

In the enormity of my ignorance I believe that since Article 48 deals with cattle and livestock it intends to proscribe, prevent through PROHIBITION ‘slaughter’, which again means the act of killing as a class, as regards animals, for consumption purposes.

The next point is prohibit slaughter of what? 

This is where the ingenuity has been utilised to smuggle in the will of the mooters of the bills, piloted in various States and assented to by the Governors and probably the President of India, if it had been reserved for his/her consideration.

The prohibition is clear:
“of cows and calves”. Why cows and calves? Why not bulls, oxen, buffaloes, heifers etc.? The answer lies in the succeeding part, which is “….and other milch and draught cattle.”

My understanding with the enormity of my ignorance impels me to believe that COWS & CALVES, which are common and known to all should help the reader understand the underlying principle: a cow not only calves ( verbal sense) and thereafter allows humans to appropriate their milk, it does the calving many times over within its lifetime and therefore entitled NOT TO BE TREATED like beef cattle. We humans should not be greedy enough to butcher even an animal which had been used for appropriating milk for nearly a decade.

Further, I am sure our Constituent Assembly, with its vast experience in understanding human sentiments and tendencies, did not want a ‘mother of many calves’ to be butchered for consumption, as that would be a heartless deed on a cow which had enabled many households extra income through sale of its calves and milk.

As regards the CALVES, man should not be allowed to eat an animal which is too young to be used for consumption, as that would indiscriminately eliminate the cow-calves also, merely on the grounds that there are medicinal benefits or tasty or nutritional benefits etc. Further, such slaughter of the young ones could lead to decline in cattle population. More than all these, I believe that no being, once born should be killed, before it reaches a certain age of maturity. Therefore the Constituent Assembly had named the Specie COW and applied the principle to ‘other’ MILCH & DRAUGHT CATTLE!

So the principle deducible is that similarly, any animal which provides MILK or is used for its work, like oxen and buffaloes, which had been used as draught animals should also NOT TO BE SLAUGHTERED! 

So the Article states that the specie COW and CALF and the genus which provide milk or helps man in his labour SHOULD NOT BE SLAUGHTERED. Period.
Instead of excluding these classes of cattle for consumption, when the legislature, in its pretended collective false understanding, enacts laws REGULATING SLAUGHTER, is primarily outside the ambit of the Directive Principles of State Policy.

Not including she goats and ewes, which have parturated multiple times, would be against the pith and substance of this principle.

When I am NOT a beef- eater, what locus-standi do I have?

One more resistance of the structure to overcome.
Let us get some education in English, at least the High Courts and the Supreme Courts would become temples of ideas and not the fortresses of ideologues!

COW SLAUGHTER & BEEF.


Movid's Weblog

The bill placed on the floor of the House of the Karnataka Legislature bans  sale & possession of “beef”within the state of Karnataka. The ostensible reason is giving effect to Article 48 of the Constitution of India, which falls within the head of Directive Principles of State Policy.

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.

Now this is the provision of the Constitution of India. Note the wordings “……..prohibiting the slaughter, of cows and calves and other milch and draught cattle.” To the best of my understanding of this provision, slaughtering of COWS, CALVES and DRAUGHT CATTLE are to be prohibited as the Cows give…

View original post 368 more words

MCP – Irony of ironies!


The Feminine force realises its potential only through physically merging and parting with its Masculine counterpart. Prolonging such a merging and parting with a continuous commitment to a continual cohabitation with one exclusive masculine force, makes her a Queen. That is the reason why there is a competition to become a Queen and when they don’t get what they yearn, they turn against the Masculine force maligning it as the devastator!This Transferance of rancour is the pastime of the lost and the loser! 

Silvio Berlusconi & Alimony! 


Besides the rhyme between his name and his liability, there is nothing nice about paying a monthly alimony of over 1 million Euros, to a woman whose association he had contracted under a marriage. 
The award was based on granting an award commensurate with the “life style” of the spouse out of the ‘marital assets’. 

Wtf is ‘ marital assets’? It is the net assets in the hands of both the spouses on the day they decide to terminate their marriage minus the assets held by each spouse prior to their marriage – or so I’d like to imagine.

This disregards the individual contribution to the wealth created after marriage and lumps it all together as marital assets. A formula which discounts individual initiative and enterprise. Berlusconi was a media Mogul much before he contracted the marriage which went awry; he was an entrepreneur of success much before his wedding. But his spouse had chosen to depart based on reasons which the courts in Italy have found to be sufficient. But when alimony is demanded the courts were guided by the doctrine of not paying ‘subsistence’ for the spouse of lesser means, but had been guided by ‘accustomed standard of living’ of the spouse who claims alimony. 

I find this doctrine strange as the alimony awarded is not dependant on the payer spouse’ future earnings, which may rise or fall. It puts a pressure on the payer spouse to keep up his ’emi’ outflow by hook or by crook. 

A greater injustice is that if the payer spouse has chosen to contract another marriage, he starts off with half of the marital assets to take care of his future family, whereas, if the payee spouse is a female, she not only finds another nest built by another entrepreneur with no decrease in her monthly alimony accruals! 

Seems good to have a xx chromosome, as it is one leg of the x is truncated and the other is made is hobble around carrying the weight of an ex! Seems grossly unfair. 

Now the courts have made a slight departure- a return to sanity. It says: ALIMONIES SHOULD NOT GUARANTEE PREVIOUS STANDARD OF LIVING! 

When there is no guarantee the the paying divorcee wouldn’t be able to guarantee his own lifestyle, how on earth could the courts have given credence to such a proposition? 

Whether it was Elizabeth Taylor who paid alimony to her plumber spouse or it be Berlusconi, the issue should be decided on equanimity if not on equality. 

A one time settlement would have been fairer as there would be an additional responsibility cast on the payee divorcee to handle her/ his assets with care so that they also would get to feel the pinch of the difficulties of keeping one’s assets secure from those preying wolves, in the garb of asset mangers. 

I think the courts are returning to evenhanded doctrine instead of a gender driven policy of making Peter pay Paul, for the flamboyant luxuries of Paul . 

When ambition resides in the minds of the incompetent …..


In Life, however undesirable it might be, all types of permutation and combinations show up in Time. But the strangest is when the Incompetent imbibes vaulting Ambition and starts troubling other human beings .

I for one believe that lack of direction and effort, lead to Incompetence. But the incompetent see the rewards of the competent, and mentally berate the successful, with an attribute those competent persons may lack, and thereby mentally feel falsely superior and consequently desire the Recognition, normally due to the Competent.

The primary emotion of the Incompetent is Fear. The Incompetent, fear not only their failure, but the success of those they ‘berate’ as incompetent!

I’ve had the unenviable privilege of having been associated with at least one such person, who when it is his duty to ‘DO’ a particular task, would never embark on it, instead would let a competent person, in the back office, to initiate the process. The Incompetent fellow is not worried about that back office walking away with the credit, as he would restructure the base programme, which needs not only effort but also a high level of imagination, skill and innovation, and present it as if it were his own, after demoralising the back office executive. Too bad that the back office executive not only doesn’t get recognised but is demoralised by this old limp cockerel on some venial grounds!

The Fear of failure of this old limp cockerel shows occasionally as an Anxiety over the success of the diligently competent.

Have you worked with non-starters like this – Stealing labour, berating competence for self approval, riddled with anxiety that others might succeed? Be sure to notice such types, they breed faster than mosquitoes and occupy places beyond their competence.

But if you ask them, they would say with all put on humility: God exalteth the humble!

Oh, really?

Tag Cloud