The Muluki Ain, or law of the land, prohibits ´gau hatya´, which includes the slaughter of both cow and ox.[break]
According to experts in such matters, the six held in Panchthar acted wrongfully only if they had carried out the slaughter in a provocative manner, as the animal in question is tied up with the deep religious sentiments of another and rather larger community in the country. Otherwise, it is the right of people who consume ox to do so and to kill it for that purpose.
“The spirit of secularism is to accept and respect each other´s social practices and cultures, and hence it is wrong for one group to tell another what they should eat or not eat,” said noted sociologist Krishna Bhattachan. “The only thing is how you go about exercising your right. In the name of secularism you cannot kill a cow in front of Hindus in a manner that provokes them; you can enjoy your right but without provoking the sentiments of others.”
Nilambar Acharya, chairman of the constitutional committee in the dissolved constituent assembly, stressed that it is wrong to kill a cow or ox or any other animal in the open or out on the street. Otherwise, if someone likes to have beef instead of pork or mutton, he or she cannot be punished for that choice.
“What matters is not what they kill but how they killed it. Hurting the sentiments of any group poses a challenge to social harmony, which should not be done by anyone. And everyone knows what the cow means to Hindus.”
These views sound balanced indeed, but they fail to impress constitutional law expert Bhimarjuan Acharya.
Talking to Republica, Acharya said that those killing cows and oxen cannot be let go as they have violated the Muluki Ain.
“What is most important is what is in the law. And the law does not yet allow anyone to kill cows or oxen. It is strongly prohibited by the Muluki Ain and no one should go against it irrespective of the religious status of the country,” he said.
Rajkumar Lekhi, president of the Nepal Federation of Indigenous Nationalities (NEFIN), termed that attitude the height of hypocrisy.
“Big leaders and government officials in high positions such as the prime minister, ministers and what not all eat beef at five-star hotels when they travel abroad,” said Lekhi. “But when the same is eaten by the poor in rural areas, they remember the Muluki Ain,” he added.
Meanwhile, Bhattachan maintains that if the Muluki Ain challenges the basic rights of the people in a secular state, it has to be amended at the earliest.
“If the sentiments of some are to be respected, is it not right that those of another cultural group should not be suppressed? What if a certain group attains to power and declares the goat or chicken or whatever a national animal and prohibits its slaughter? It is as simple as that,” he stated.
“Previously suppressed groups and communities are coming out and learning to feel proud of their values, cultures and uniqueness. And it is not the first time that the issue of cow slaughter has come up. But the positive thing is incidents such as that of Panchthar will in their own way shape the country´s politics in future,” he added.
Police had held the six, including Ramesh Guragain, Suresh and Dinesh Nembang, Dal Bahadur Gurung and Subash Rai of Fidim-3 in Panchthar, for slaughtering an ox on the bank of the Femekhola last Thursday.
According to the police, they are set to file a case against the accused on the charge of breaching the law.
Protesting the police move, eight organizations including Sanghiya Samajbadi Party, Sangiya Rajya Parishad, NEFIN and Limbuwan Rastriya Mukti Morcha shut down Fidim bazaar and blocked the Mechi Highway on Wednesday.
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