Prejudice, Policing and the Price of Beef in Assam Today

The Assam crackdown, in which at least 133 individuals were arrested for purportedly violating the Assam Cattle Preservation Act, 2021, has sparked fresh questions—once again not merely about the law, but about its enforcement, equity, and legal consequences.

More than one tonne of suspected beef has been confiscated from across different districts, and approximately 80 individuals have been allegedly arrested in Dhubri, Hojai, Goalpara, and Lakhimpur for supposedly dumping meat pieces in public places—acts considered by the police as attempts to create communal unrest. But underneath the headlines and allegations, there is a more germane question: what happens to these detainees?

Beyond Detention, Where Is Due Process?

With arrests made and meat confiscated, the attention must turn away from instant policing towards eventual legal resolution. The state has moved fast under the Assam Cattle Preservation Act, 2021, a legislation drafted to control the slaughter, sale, and movement of cattle—but now it's the judiciary that is tasked with deciding whether the arrests translate into concrete convictions or ultimate acquittals.

Earlier, such crackdowns have often fallen flat in courts, because of a lack of evidence, ambiguous legal provisions, or inadequately documented police procedures. This takes us to the nub of the matter—under what legal provisions will these 133 people be charged now that India has moved beyond the IPC to the Bharatiya Nyaya Sanhita (BNS)?

BNS vs IPC: A Legal Grey Zone?

The arrests happen on a cusp in Indian criminal law when the Bharatiya Nyaya Sanhita, 2023 is superseding the Indian Penal Code. But the way newer laws such as BNS, Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) work in relation to state-level laws such as the Assam Cattle Act is still becoming clear.

Are the claimed violators being arrested under the Assam Cattle Preservation Act only or under new penal provisions of BNS? What will be the penal sections, evidentiary requirements, and bail terms under the new mechanism?

While the police prepare for further such operations, citizens are left wondering: Is there enough clarity on how exactly these new legal instruments cut across state-level enforcement? Or do we detain first, and determine later?

The Law Itself: Oversight or Overreach?

Although the eating of beef is not prohibited in Assam, the sale of beef is forbidden in places where Hindus, Sikhs, and Jains predominate, and a five-kilometre area around any temple or satra.

Additionally, cattle movement across and within states is also severely regulated, posing difficulties for traders and farmers—particularly in a region such as the Northeast, where inter-state borders also coincide with overlapping tribal, ethnic, and economic networks.

The Act also gives powers to the authorities to confiscate cattle and vehicles, and confiscate them for the state after conviction. But with no convictions yet entered and 133 persons now in custody, the true test is still to come: Will the courts uphold the seizures? Will they perceive intent to incite, or only procedural mishaps?

The Price of Preemptive Policing

Most of the arrests, reports say, were premised on the belief that throwing meat scraps in public streets was a act of provocation. If true, it calls for stern legal reaction. But if otherwise, are we opening ourselves up to criminalizing livelihoods and communities on perception and not law?

Additionally, the Act requires accused individuals to pay for the upkeep of impounded cattle while their case is being heard—a proceeding that may take months or even years. To many poor peasants, this might equate to financial destruction before a decision is made.

Are we ready, as a democracy, to balance preventive measures with the dictate of justice? Or are we establishing a precedent in which arrest will be punishment?

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