2 Sep 2021 7:58 AM GMT
The Allahabad High Court yesterday observed that Cow should be given the status of National Animal in light of the fact that "Cow is part and parcel of the culture of India" and that eating/consuming Cow-beef can't be considered to be a fundamental right of any person.The order passed by Justice Shekhar Kumar Yadav also observed that scientists believed that cow is the only animal...
The Allahabad High Court yesterday observed that Cow should be given the status of National Animal in light of the fact that "Cow is part and parcel of the culture of India" and that eating/consuming Cow-beef can't be considered to be a fundamental right of any person.
The order passed by Justice Shekhar Kumar Yadav also observed that scientists believed that cow is the only animal which inhales and exhales oxygen.
"Panchgavya, which is made of cow milk, curd, ghee, urine and cow dung, helps in treatment of several incurable diseases", the judge said in the order. He observed that it is a tradition in India to use ghee made of cow milk during yajna because "this gives special energy to sunrays, which ultimately causes rains".
The Court observed thus as it denied bail to one Javed who has been accused of slaughtering a cow after committing its theft, and booked under S. 379 IPC r/w S. 3, 5, 8 UP Prevention of Cow Slaughter Act, 1955.
Cow Should Be Declared National Animal; Cow Protection Be Made Fundamental Right Of Hindus : Allahabad High Court
Significantly, the Bench of Justice Shekhar Kumar Yadav, in its bail order written in Hindi, observed that Fundamental Rights are not only the prerogative of beef eaters, rather, those who worship the cow and are financially dependent on cows, also have the Fundamental Right to lead a meaningful life.
In this context, the Court observed thus:
"The right to life is above the right to kill and the right to eat cow-beef can never be considered a fundamental right. Right to life can't be snatched away merely for another's pleasure of taste, and that the right to life is above the right to kill. The right to consume cow-beef can never be a Fundamental Right."
Importantly, the Bench stressed that cow protection and promotion is just about anyone religion, but the cow is the culture of India and the responsibility to save this culture is of every citizen living in the country, irrespective of their religion.
"There are hundreds of examples in our country that whenever we forgot our Sanskriti, the foreigners attacked us and made us slaves, and even today if we do not wake up, then we should not forget the autocratic Taliban invasion and occupation of Afghanistan," the Court added.
The Court also noted that the cows have been given a special place in Indian scriptures including the Vedas, the Puranas, the Shastras, Mahabharata, and Ramayana.
"It is not that only Hindus have understood the importance of cows, Muslims have also considered the cow as an important part of India's culture during their reign, the Slaughter of cows was banned by 5 Muslim rulers. Babur, Humayun, and Akbar also prohibited the sacrifice of cows in their religious festivals. The Nawab of Mysore, Hyder Ali, made cow slaughter a punishable offence," the Court added.
Further, the Court noted as to how during the Constituent Assembly Debates, it was debated that Cow Protection be made a Fundamental right, however, the same didn't happen and rather, Article 48 was included in the Constitution of India (which directs the state to make efforts for banning animal slaughtering of cows and calves and other milch and draught cattle)
The Court further observed that Cow Protection should be made a Fundamental Right Of Hindus and that Cows must be put under Part III of the Constitution of India, which deals with Fundamental Rights.
Importantly, the Court also took note of the pathetic conditions under which cows are forced to live despite there being claims and initiatives related to the protection of cows
"There are many such examples, where the cows die due to hunger and disease in the cowshed. They are kept amidst the filth. In the absence of food, the cow eats polythene and as a result, dies after getting sick. The bad condition of cows, who have stopped giving milk could be seen on the roads and streets. Sick and mutilated cows are often seen unattended. In such a situation, it comes to the fore as to what those people are doing, who promote the idea of conservation of the cow. Sometimes by taking photographs with a couple of cows, people think that their work is done, but it is not so. The cow will have to be protected and taken care of with a sincere heart and the government will also have to consider their case seriously."
The Court also made the following significant observations:
Click Here To Download Order