Cow Protection Fundamental Right For Hindus Allahabad High Court

The Allahabad High Court observed that the cow is part and parcel of the Indian culture and should be declared as a national animal. Protection of cows should be declared as a fundamental right for Hindus, the court added.

Strict penal provisions should be brought against those who talk about harming cows, Justice Shekhar Kumar Yadav said while denying bail to petitioner Javed who is accused of slaughtering cows.

The high court denied Javed bail on the grounds that he is a repeat offender having slaughtered cows before, and if released it was likely he would commit the crime again and spoil the environment of the society. The high court observed that the harmony of the society at large might be disturbed if Javed was enlarged on bail.

The Uttar Pradesh police had booked Javed under provisions of the Prevention of Cow Slaughter Act, 1955.

"We know that when a country's culture and its faith is hurt, the country becomes weak," Justice Yadav observed. "Numerous examples show that whenever we forgot our Sanskriti, the foreigners invaded us and made us their slaves. Even today, if we do not wake up then we should not forget the autocratic Taliban invasion and occupation of Afghanistan," the high court judge said.

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Cow part and parcel of Indian culture

The judge observed that in our Indian culture, the cow's position is important and has been given the status of a mother, which is why it is revered. There's a scientific reason why cows like trees, water, mountain, air, and earth were revered, Justice Yadav said. Human beings believe that cows are beneficial to the society because it gives us milk, cow dung (which can be used as manure/fertilizer), and gau mutra (cow urine) which has anti-bacterial properties, said Justice Yadav in his order.

Scientists believe that cow is the only animal that inhales and exhales oxygen, the judge added.

Even ancient scriptures like the Vedas, Purana, Ramayana, and Mahabharata which are the cornerstone of the Indian culture and which gives India its identity have espoused the greatness of the cows, the judge observed.

Cows also formed an important part of Indian culture during Mughal times. Mughal emperors like Babur, Humayun, and Akbar had banned cow slaughter. Even Mysore ruler Haider Ali had made cow slaughter an offence, the judge said in his order.

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Right to eat beef is not a fundamental right

The high court observed that fundamental rights were not the sole prerogative of beef eaters; rather those who worship the cow and are financially dependent on them also have a right to lead a meaningful life.

The right to life is above the right to kill and the right to eat beef can never be considered a fundamental right, the high court added. The job to protect cows was not limited to one religious sect. Since the cow is part of the Indian culture, it is the duty of every citizen irrespective of their religion to protect this culture," the high court said.

The high court also took a dim view of the gaushalas functioning across the state. "It is very sad to see that those who talk about protecting cows, become beef eaters," Justice Yadav said. "The governments have constructed gaushalas for the cows, but those entrusted in taking care of the cows have failed in doing the same," the judge added

Similarly, the private gaushalas have also become a mere sham, where people take donations from society and the government in the name of cow protection but spend the money for their own interest, the high court order said.

The high court stated there were numerous examples where cows died due to hunger and diseases in the cowsheds; the animals were kept in filthy conditions and the in the absence of food, the cow was forced to survive on polythene which resulted in their deaths.

Aged cows, who stopped giving milk were often seen roaming the streets. Sick and mutilated cows were left unattended. In such situations, it comes to light what people are doing in the name of cow conservation.

Sometimes by taking photographs with a couple of cows, people think that their work is done, but this is not so. The cow will have to be protected and taken care of with sincerity and the government will also have to consider their case seriously.

"Jab gaaye ka kalyaan hoga, tabhi desh ka kalyaan hoga (the country will prosper, only if cow is revered)," the order denying bail read.

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