When Judiciary echoes Hindutva: How Allahabad HC stirred controversy by advocating for 'Cows'?

Slithering off from the path of judicial principles, Allahabad High Court has on Wednesday stirred nationwide controversy over advocating for cows akin to the lines of Hindutva. The court was hearing the petition filed by Javed, who was accused of cow slaughter. By denying the bail to him, the High Court bench headed by Justice Shekhar Yadav observed that the cow should be declared a national animal and cow protection should be a fundamental right of Hindus. 

According to LiveLaw, the bench has noted that the accused man had stolen the cow, slaughtered it, and stored its meat. The court has also observed that the man was accused of slaughtering cattle several times. Based on this observation, the court has denied bail to the accused Javed by citing that if he was given bail, he will continue to commit similar offences in the future. A case was booked against Javed under section 379- Punishment for theft of the Indian Penal Code (IPC) and under sections 3,5, and 8 of the Prevention of Cow Slaughter Act. 

By denying the bail, the single-bench has penned a slew of controversial wordings in the judgment and the Justice has said, "We know that when a country's culture and its faith gets hurt, the country becomes weak." The court has observed that fundamental rights are not only for beef eaters but also for those who worship cows and raise cows for their livelihood. Noting that the right to eat beef can never be considered a fundamental right, the court has said that the cow is being worshipped as a mother even when she gets old and sick and therefore nobody can be given the right to kill her. The Justice said that the cows' dung and urine are useful for agriculture and making medicines even when the animal is old. 

The High Court observed that it is painful to see people talking about cow protection becoming cow-eaters. It said that the bad condition of cows could be seen on the roads and streets and sick cows are seen unattended. In what has become a controversial observation, the High Court has said that the cow is the culture of India and that every citizen should work towards protecting the country's culture, no matter of religion. Justice Shekar Yadav has noted that the country would be safe only if its cows are protected and he suggested the government introduce a Bill in the Parliament to declare cows as the national animal and enact stringent laws against those who speak about harming cows. 

Calling ancient India to power his observations, the Justice said that in ancient India, Hindu as well as Muslim rulers had recognized cow as an important part of India's culture and banned its slaughter. He went on to compare the cow slaughter to the Taliban's recoup in Afghanistan. The Justice said that India should keep in mind that whenever Indians forgot their culture, foreign powers had invaded the country. The bench further said that all citizens should work for a united India regardless of faith and religion and that those faiths are not in the interest of India, it will weaken the country. 

 

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