Letters to the Editor: Qurbani within the theological and legal framework

Qurbani within the theological and legal framework

With Bakri Eid approaching, it becomes necessary to restate the position governing animal sacrifice within the State of Assam. On the theological plane, much heat has been generated but very little light. Islam does not ordain cow sacrifice as an indispensable tenet of faith. Qurbani may lawfully and religiously be performed through goats, sheep, or camels. Distinguished Islamic scholars across India have consistently maintained that where a particular form of sacrifice occasions communal discord, restraint is best in a civilised democracy.

On the statutory plane, the position is no longer res integra. Sections 4, 5, and 6 of the Assam Cattle Preservation Act, 2021 impose a clear and absolute embargo upon the slaughter, transport, and sale of cattle for slaughter, save and except under limited statutory exemptions. The non-obstante clause engrafted therein overrides every inconsistent custom or usage previously in practice.

Section 13 reverses the evidentiary burden, placing the onus upon the accused to establish lawful possession and transportation. The offences are cognisable and non-bailable, punishable with imprisonment extending up to eight years and pecuniary penalties of up to five lakh rupees. The Supreme Court in Mohd. Hanif Quareshi v. State of Bihar, AIR 1958 SC 731, and State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat, (2005) 8 SCC 534, authoritatively declared that the slaughter of healthy cows on Bakri Eid does not constitute an essential religious practice protected under Article 25 of the Constitution.

Members of the public are therefore advised that cow slaughter during Qurbani is ex facie impermissible under the prevailing penal regime, and any infraction shall invite rigorous criminal prosecution. Equally, the dissemination of photographs or visual depictions capable of outraging religious susceptibilities may attract penal consequences under Section 13(1) of the said Act, Section 299, and Section 199 of the Bharatiya Nyaya Sanhita, 2023.

Shahin Yusuf

(shahinyusuf21@gmail.com)

Inactivity is the

society’s enemy

Inactivity is the bane of a healthy society. The elderly are more conscious of their health because they know their bodies well. The country boasts of a "young generation" that largely seems to be unaware that the days of complacency are gone. Now, obesity, hypertension, and diabetes mellitus—three crippling lifestyle disorders and diseases—set in quite early, even before the age of twenty-five or less. The younger the age, the more severe the suffering, because the natural life span is long. It is similar to living with a disease accompanied by unending pain, reduced quality of life (QoL), and psychological distress.

A research study conducted by the WHO a couple of years ago revealed that more than eighty percent of adolescents in the world were inactive. The sad part of the study was that India was one of the countries with the highest rates of inactivity in both sexes. Active play, sports, domestic chores, walking, cycling, swimming, planned exercise, and physical education: the country's youngsters lagged behind in every activity. At the present rate, the WHO's stated goal of reducing inactivity levels to below 70 percent by the year 2030 may not materialise.

Dr Ganapathi Bhat,

gbhat13@gmail.com 

Mula Gabharu:

The unsung

Assamese warrior

Mula Gabharu was a lady among those phenomenal women of Assam who fought against the mighty Mughals for her husband and for her motherland. She was an inspirational figure of medieval Assam who called upon the Assamese people to fight against the Mughals with Hanhdang in their hands. Mula Gabharu was such a brave and giant Assamese lady who fought against the foreigners for four days. Mula Gabharu was among the few warriors of Assam who fought bravely on the battlefield against the Muslim invaders. She killed two commanders of the opposition force but was later treacherously killed by the enemy on the same battlefield. Like many other unsung warriors of India, Mula Gabharu finds no place in Indian history textbooks.

Mula Gabharu was the daughter of Ahom king Suphimpaa and the wife of Phrasengmung Borgohain. She organized women warriors after her husband had fallen in the battle against Turbak Khan in 1532 A.D. Mula Gabharu was trained in the art of warfare. Right from riding horses on the battlefield, she displayed her acquired skills in battle. Mula Gabharu organized a women’s force to protect her motherland from the hands of foreign invaders. Assamese women like Jayanti, Pamila, Lalitra, etc. were the companions of Mula Gabharu. The Ahom forces were greatly motivated and inspired by the extraordinary effort and courage of Mula Gabharu. Although the Ahom force did not last long on the battlefield, the vigor of Mula Gabharu was inspirational for all. It was Mula Gabharu who set a new template for Assamese women before India. The people of Assam celebrate Mula Gabharu Day on the 29th of May every year.

Plavan Bhuyan,

T.H.B College, Jamugurihat