Allahabad High Court, Cow
The Allahabad High Court recently urged the Central government to ban cow slaughter in country and declare cow as “national protected animal”, since cow is the representative of divine in Hinduism [Mohd. Abdul Khaliq v State].
In an order passed on February 14, single-judge Justice Shamim Ahmed observed that as per puranas, anyone who kills cows or allows others to kill them is deemed to rot in hell.
“Legends also state that Brahma gave life to priests and cows same time so that the priests could recite religious scriptures while cows could afford ghee(clarified butter) as offering in rituals. Anyone who kills cows or allows others to kill them is deemed to rot in hell as many years as there are hairs upon his body. Likewise, the bull is depicted as a vehicle of Lord Shiva: a symbol of respect for the male cattle,” the Court said.
The single-judge further underscored that since we are in a secular country, we should respect all religions including Hinduism and the cow is considered the most sacred of all the animals in Hinduism.
“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,” the Court observed.
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, the Court said.
“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’,” added the Bench.
The order was passed in a plea filed by one Mohd. Abdul Khaliq who moved the Court seeking quashing of criminal case filed against him for cow slaughtering and transportation for sale.
The Court found that a prima facie case was made out against the accused.
“From the perusal of the materials on record and looking into the facts of the present case and after considering the arguments made at the bar, it does not appear that no offence has been made out against the applicant.”
Hence, the Court refused to quash the case.
“Accordingly, the present application under Section 482 Cr.P.C. filed by the applicant is dismissed,” the order said.
The single-judge in the order made detailed observations on cow protection and importance of cow in Hinduism.
“The cow has also been associated with various deities, notably Lord Shiva (whose steed is Nandi, a bull) Lord Indra (closely associated with Kamadhenu, the wise-granting cow), Lord Krishna (a cowherd in his youth), and goddesses in general (because of the maternal attributes of many of them)…it is known as Kamadhenu, or the divine cow, and the giver of all desires,” the order stated.
The Court added that, the origin of the veneration of the cow can be traced to the Vedic period.
“The degree of veneration afforded the cow is indicated by the use in rites of healing purification, and penance of the panchagavya, the five products of the cow-milk, curd, butter, urine, and dung,” observed the Court.
The Court also referred to Mahabharata stating,
“In the Mahabharata, Bhishma (grandfather of the leaders of warring factions) observes that the cow acts as a surrogate mother by providing milk to human beings for a lifetime, so she is truly the mother of the world.”
The Puranas state that nothing is more religious than the gift of cows and Lord Rama was given a gift of many cows, the judge added.
Regarding prohibition on cow slaughter during ancient times, the Court said,
“It is forbidden in parts of the Mahabharata, the great Sanskrit epic, and in the religious and ethical code known as the Manusmirti (“Tradition of Manu”), and the milk cow was already in the Rigveda said to be “unslayable”.”
Advocates Akhtar Jahan and Bahar Ali represented the applicant.
In September 2021, the Allahabad High Court had observed that, cow is part and parcel of the culture of India and should be declared national animal.
Single judge Justice Shekhar Kumar Yadav had said that government should bring a bill in the parliament to include cow within the scope of fundamental rights under Part III of the Constitution and strict laws should be made to punish those who talk about harming cows.