By – Arun Shekhar Jawla
- Case Citation: Javed v. State of Uttar Pradesh (2021)
- Bench: Justice Shekhar Kumar Yadav
- Charges: Section 379 of IPC and Sections 3, 5, 8 of the Prevention of Cow Slaughter Act, 1955
On Sep. 01, the Allahabad High Court has denied bail to Javed who has been accused of slaughtering a cow while observed that the cow should be declared as a national animal and cow protection should be kept as a fundamental right of Hindus. “We know that when a country’s culture and its faith gets hurt, the country becomes weak,” noted the Court.
It has been noted that the accused has committed theft of the cow and later killed it by beheading it and beef was kept along with him to sell. Also, it was found that it is not the first time for the applicant. He has also been convicted for cow slaughter causing a disturbance in the harmony of the society. The court observed that if the accused was to be released on bail, it is more likely that he will repeat the same offence which can be detrimental to society.
Justice Shekhar mentioned that even scientists believed that the cow is the only animal that inhaled and exhaled oxygen and quoted that Jab gaay ka Kalyana Hoga, tabhi Desh ka Kalyana Hoga.
Observations:
- Fundamental Right is available to cow worshipers too and not only to beef eaters. They also have the right to lead meaningful lives who are financially dependent on cows.
- Life is the most precious thing in this whole world and the right to kill and eat beef can never be considered as FR.
- Cows are sacred and worshipped as a mother in India. Even in old age, her dung and urine are very useful for agriculture, making of medicines, etc. Nobody has a right or is allowed to kill her.
- 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, 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.
- Someone’s right to life cannot be snatched away merely for another’s pleasures of taste, and that the right to life supersedes the right to kill.
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