Make Cow National Animal: Allahabad HC – Burning Issues

Cow is part of culture of India; should be declared as national animal, made part of fundamental rights: Allahabad High Court
“The work of cow protection is not only of one religion sect, but cow is the culture of India and the work of saving the culture is of every citizen living in the country irrespective of religion,” the Court said.
Cow is part and parcel of the culture of India and should be declared national animal, the Allahabad High Court observed
while denying bail to one Javed who was charged for offences under the Prevention of Cow Slaughter Act in Uttar Pradesh (Javed v. State of Uttar Pradesh).

Single judge Justice Shekhar Kumar Yadav 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.
Jab gaaye ka kalyaan hoga, tabhi desh ka kalyaan hoga (only if cow
is revered, country will prosper),”

Single judge Justice Shekhar Kumar Yadav 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.
Jab gaaye ka kalyaan hoga, tabhi desh ka kalyaan hoga (only if cow
is revered, country will prosper),”
Single judge Justice Shekhar Kumar Yadav 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.
Jab gaaye ka kalyaan hoga, tabhi desh ka kalyaan hoga (only if cow is revered, country will prosper),”

Justice Yadav said,
Panchakavyam, which is made from cow milk, curd, butter, urine and cow dung is beneficial in the treatment of some ailments and as per Hindu religion, there are 33 Gods and Goddesses which reside in the cow,”
adding that not just the Hindus, even “Muslims understood the importance of cow in Indian culture, and Muslim rulers like Babur, Akbar and Humayun imposed a ban on cow slaughter during their festivals”.
The judge also invoked the revolt of 1857, led by Mangal Pandey, to say that “history is full of incidents when every citizen of India stood up against atrocities against India culture and cows”.
Claiming that “a majority of Muslims in India have been in favour of banning cow slaughter”, Justice Yadav said,

Javed was charged under Sections 3, 5 and 8 of the Prevention of Cow Slaughter Act.
While denying bail to the applicant, the Court remarked that India is the only country in the whole world where people of different religions live, who may worship differently but their thinking is the same for the country.
“In such a situation, when everyone takes a step forward to unite India and support its faith, then some people whose faith and belief are not at all in the interest of the country, they only weaken the country by talking like this in the country. In view of the above circumstances, prima facie offense is proved to be committed against the applicant,” the Court said.
The Court proceeded to deny bail to Javed stating that if bail is granted, then it might ‘disturb’ the harmony of the society at large.
“This is not the first offense of the applicant, even before this he has committed cow slaughter, which has disturbed the harmony of the society and if released on bail, he will again do the same work which will spoil the harmony in the society.
This bail application of the above applicants is baseless and deserves to be rejected. Accordingly, the above bail applications are rejected,”
The Court also took a dim view of the functioning of gau shalas across the State stating that it is very sad to see that those who talk about cow protection and promotion, become cow eaters.
“The government also gets the gau shalas constructed, but the people who have to take care of the cow do not take care of the cows.
Similarly, the private gau-shalas have also become a mere sham today in which people take donations from the public and help from the government in the name of cow promotion, but spend it for their own interest and do not care of cow.”
There is no constitutional mandate to prohibit beef consumption, not on its transportation, sale or purchase.
The Directive Principles of State Policy encapsulated in Article 48 of the constitution that encourages states to “take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle” and is limited in its scope.
relates to prohibiting slaughter of cattle and no other acts.
the purpose of such prohibition is only to “organise agriculture and animal husbandry on modern and scientific lines” and does not propose a blanket ban.

To protect cows and prevent their slaughter, the Uttar Pradesh government approved a draft ordinance, providing a maximum rigorous imprisonment of 10 years and a fine up to ₹5 lakh.
For the first offence, a person can be given a rigorous punishment of one to seven years with a fine ranging from ₹1 lakh to ₹3 lakh.
For the second offence, the person can be given a 10-year rigorous imprisonment with a fine up to ₹5 lakh

The central government had banned cow slaughter in May, 2017 – purportedly to preserve and improve indigenous breeds, and prohibit the slaughter of cows, calves and other milch and draught cattle.
Cow slaughter is now prohibited everywhere in India except in Kerala, West Bengal, Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Tripura and Sikkim.