One Mr. Javed, a resident of Uttar Pradesh was booked for offence under Section 379 of the Indian Penal Code (IPC) for Punishment of Theft and Sections 3, 5, and 8 of the Prevention of Cow Slaughter Act. He was arrested and jailed in March 2021 for the accusation of slaughtering a cow. He made a Bail plea in the High Court of Allahabad which was denied.
The accused had approached a Single Bench of Justice Shekhar Kumar Yadav seeking a grant of bail for the accuse of theft and then had slaughtered it by killing and beheading it and then also had kept the meat along with it. Justice Shekhar K. Yadav denied the Bail application stating that this was not the first time the Accused had committed such an offence. If he was released on Bail, he would repeat the same offence and this could spoil the environment of the Society. The same had happened earlier as well when he had slaughtered cows before. The Court of Justice Yadav observed that, “This is not the first offense of the applicant, even before this offence, he had committed cow slaughter, which had disturbed the harmony of the society.”
“Jab gaay ka kalyaan hoga, tabhi Desh ka kalyaan hoga (only if cow is revered, the country will prosper),” as also stated in the Bail order. India is an agricultural country. When cows become old and stop milching, they can be of help to farmers in their agricultural work. Killing the cows is not the only option after they stop giving milk. “Fundamental rights are not only the prerogative of beef eaters but also of those who worship the cow and are economically dependent on them,” Justice Yadav observed.
The Court also stated that Scientists have confirmed that cows inhale oxygen as well as exhale oxygen. This is one of the most beneficial aspects for the society. “The cow has been shown as an important part in India’s ancient texts like the Vedas and the Mahabharata that define Indian culture and for which India is known,” as observed by the Court. “The work of cow protection is not only of one religious 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 held.
The Court also expressed agony over the fact that the so-called protectors of the cows later turn into the enemy of the animal. Also, the Court was dismayed at the condition of the cow shelters.
“In view of the circumstances, the cow should be declared the national animal and cow-protection should be part of the fundamental rights of the Hindu community because we know that when a country’s culture and faith get hurt, the country becomes weak,” Justice Yadav held.