Cow should be declared national animal: Allahabad High Court

1. Allahabad High Court

The Allahabad High Court has said that the cow is an integral part of India’s culture and should be declared as the national animal. The court made the remark while refusing to grant bail to Javed, accused of an offence under the Prevention of Cow Slaughter Act in Uttar Pradesh.  The court said that not only did Hindus understand the importance of the cow, but even during the Muslim rule, the cow was considered an important part of India’s culture.

Justice Shekhar Kumar Yadav of the High Court said that the government should bring a bill in the Parliament to give fundamental rights to the cow, declare it as the national animal and make strict laws to punish those who talk about harming it. Along with this, the work of cow protection is not only of one religious sect, but the cow is the culture of India and the task of saving the culture belongs to every citizen living in the country, irrespective of religion, he said. Not only this, while making strong remarks on cow slaughter, the court observed that it is not only the fundamental right of those who eat beef, but those who worship cow and are financially dependent on the cow also have a fundamental right.

The court said that the right to life is above the right to kill. Eating cow’s meat can never be considered a fundamental right. The court said that the cow is useful even when it is old and sick. Cow dung and urine are considered useful for making agricultural medicine. The cow is worshipped which is above all. Justice Shekhar Kumar Yadav said that the slaughter of cows was also banned by Muslim rulers. The Nawab of Mysore, Hyder Ali, made cow slaughter a punishable offence.

OTHER PETITIONS RELATED TO COW PROTECTION

1. Supreme Court judgment on Total ban on Slaughter of All Categories of Animals

Judgement of the Supreme Court of India in the matter of Mohd. Hanif Quareshi & Others Vs State of Bihar dated 23.04.1958 was regarding total ban on the slaughter of all categories of animal, of the species of bovine cattle.

Supreme Court after going through the issues have reached the following conclusions:

(i) that a total ban on the slaughter of cows of all ages and calves of cows and calves of she-buffaloes, male and female, is quite reasonable and valid and is in consonance with the directive principles laid down in Art. 48,

(ii) that a total ban on the slaughter of she-buffaloes or breeding bulls or working bullocks (cattle as well as buffaloes) as long as they are as milch or draught cattle is also reasonable and valid and

(iii) that a total ban on the slaughter of she buffaloes, bulls and bullocks (cattle or buffalo) after they cease to be capable of yielding milk or of breeding or working as draught animals cannot be supported as reasonable in the interest of the general public.

2. Supreme Court petition on the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017

In January 2021, The Supreme Court asked the Centre to either withdraw or amend rules notified in 2017 for confiscating animals of traders and transporters during the pendency of trial in cases under the Prevention of Cruelty to Animals Act, saying they are contrary to the law. A bench headed by Chief Justice of India S A Bobde said that the rules will be stayed if not withdrawn or amended by the Centre as the law provides that animals can be confiscated only if a person is convicted under the Act. The Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 framed under the Prevention of Cruelty to Animals Act, 1960, were notified on May 23, 2017.

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