Central Govt should declare cows 'national protected animal': Allahabad HC denies relief to man in cow slaughter case

The Allahabad High Court has recently rejected a plea to quash the criminal case against a cow slaughter accused. While passing the order, the single judge bench of Justice Shamim Ahmed stressed the need for better protection of cows against slaughtering. 

Authoring the judgment, Justice Ahmed wrote, "We are living in a secular country and must have respect for all religions and in Hinduism, the belief and faith is that cow is representative of divine and natural beneficence and should therefore be protected and venerated".

Further, emphasising the religious significance of cows in India, Justice Ahmed stated: 

"The cow is the most sacred of all the animals of Hinduism...Her legs symbolise four Vedas; her source of milk is four Purushartha...her horns symbolise the gods, her face the sun and moon, and her shoulders agni or the god of fire."

Justice Ahmed also highlighted that the origin of the veneration of the cow can be traced to the Vedic period (2nd millennium 7th century BCE) and the slaughter of milk- producing cows was increasingly prohibited.

"It is forbidden in parts of the Mahabharata, the great Sanskrit epic, and in the religious and ethical code known as the Manu-Smirti (Tradition of Manu)," he pointed out. 

While further discussing the historical as well as modern days legislation against cow killing, Justice Ahmed stated these laws persisted into the 20th century in many princely states.

"In the late 19th and 20th century, in India, a movement to protect cows arose that strove to unify the citizens by demanding that the Government of India ban cow slaughter with immediate effect in the country," he underlined. 

In light of the same, Justice Ahmed called upon the Central Government to take steps in that direction. He stated,

"This Court also hope and trust that the Central Government may take appropriate decision to ban cow slaughtering in the country and to declare the same as 'protected national animal'.

Regarding the case at hand, the single judge bench held that from the materials on record and facts of the present case as well as the arguments put forth, it did not appear that no offence had been made out against the applicant. Accordingly, court rejected the plea.

The present plea was moved by one Mohd. Abdul Khaliq to quash entire proceedings in a case of the year 2020 registered under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the 'Act 1955') at Dewa Police Station in Barabanki district of Uttar Pradesh. 

Case facts, in brief, were that an FIR was registered on November 2, 2019. It was stated in the FIR that after receiving a tip, police reached near a school where they saw one person coming holding a sack. On seeing police personnel that person tried to return, however, the police caught him and on his search beef of cow progeny was found in the sack.

On interrogation, the said person told that his name was Zahoor. He further told that he along with the present applicant was involved in cow slaughtering and he was going to Lucknow for selling the same.

However, seeking relief, the counsel for the present applicant argued that there was no chemical analysis report from the veterinary doctor on whether seized meat belonged to cow progeny or not. He submitted that in the absence of any chemical analysis report the Investigating Officer had submitted charge sheet against the applicant and the Magistrate had taken cognizance in a routine manner and summoned the applicant for facing trial.

Court, however, opined that the interference at the threshold of quashing of the charge sheet/criminal proceedings in the case in hand could not be said to be exceptional as it disclosed prima facie commission of an offence. Therefore, court rejected the prayer for quashing of charge sheet/ criminal proceedings.

Case Title: Mohd. Abdul Khaliq v. State of U.P. and Another

Statues- Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955