Cow should be declared as a national animal and Cow Protection should be made Fundamental Right: Allahabad High Court

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In a recent case of Javed v State of Uttar Pradesh, Justice Shekhar Kumar Yadav of the Allahabad High Court advised the Central government to declare Cow as a national animal since Cow is a part and parcel of the culture of India. Consuming Cow beef can’t be considered to be a Fundamental Right of any person. Only if cow is Revered, Country will Prosper.

Javed, was booked for theft under IPC Section 379 read with Section 3,5 and 8 of the Prevention of Cow Slaughter Act, 1955 in February this year. In his bail plea, he had contended that allegations of cow slaughter against him were fake as he was not present at the spot, and a false case was lodged against him. Rejecting the bail petition of Javed, the Court urged the Centre to bring a Bill in Parliament for “Protection of cows” and to declare “Cow protection as a Fundamental Right of Hindus”.

The Bench of Justice Yadav in its order said “You can’t take away lives for the taste buds of a few and the right to life is higher than the right to kill. Eating cow meat can never be a Fundamental Right. The Fundamental Rights can’t just be a privilege for those who eat cow meat, but those who rely on cow for income and those who worship cows also have the right to a meaningful life.”

Further, the Court noted as to how it was debated in the Constituent Assembly, that cow protection be made a Fundamental Right, however, it was made a DPSP under Article 48 of Indian Constitution which directs the state to make efforts for prohibiting slaughter of cows, calves and other milch, draught cattle. The court also added that currently 24 out of 29 Indian states have banned cow slaughter and the sale of beef. The Court mentioned several instances from history from the reign of rulers of various religions wherein cow slaughter and the sale of beef was prohibited highlighting the fact that cow protection is synonymous with Indian culture and is not restricted to one religion, but is a collective responsibility of all citizens who live here irrespective of their religion.