By Srijan Kapil-
In light of the recent order by the Hon’ble Allahabad High court, there are a number of concerns raised regarding misuse of the anti-cow slaughter law in Uttar Pradesh.
The order has questioned over target of innocent people, and the lack of forensic evidence to prove that the recovered meat is beef.
Justice Sidddharth clearly wrote “The Act is being misused against innocent persons. Whenever any meat is recovered, it is normally shown as cow meat (beef) without getting it examined or analysed by the forensic laboratory.
In most of the cases, meat is not sent for analysis. Accused persons continue to remain in jail for an offence that may not have been committed at all” .In the order passed on October 19 but made available days later, the high court also observed that there is need to take care of old or non-milking cows which are abandoned by owners, if the law against the slaughter of cows is to be implemented in letter and spirit.
The judgement also comments on the bi-standards of the cow shelters as “Goshalas do not accept non-milking cows or old cows and they are left to wander on the roads. In rural areas cattle owners who are unable to feed their livestock, abandon them. They cannot be transported outside the state for fear of locals and police. There are no pastures now. Thus, these animals wander here and there destroying the crops.”
Cow slaughter is a disputable point in India in view of the cattle’s customary status as a charmed and regarded living being to certain factions of Hinduism, Sikhism, Jainism, and Buddhism while being viewed as an adequate wellspring of meat by Muslims just as followers of some other non-vedic, Abrahamic and different religions, for example, Zoroastrianism (albeit a few Zoroastrians don’t eat beef). More explicitly, the cow’s slaughter has been disregarded on account of various reasons, for example, being related with god Krishna in Hinduism, cattle being regarded as an essential piece of provincial jobs and a financial necessity. Cattle butcher has likewise been restricted by different Indian religions due to the moral rule of Ahinsa (peacefulness) and the faith in the solidarity of all life.
UP COW SLAUGHTER ACT & CONTROVERSIES
It is mentioned in Aricle 48 under the Directive Principles of State Policy “Organisation of agriculture and animal husbandry”, which reads: “The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.”
Uttar Pradesh government passed a UP prevention of law slaughter (Amendment) Ordinance 2020. The main objective of this ordinance is to preventing the slaughtering of cow and protect the sentiment of Hinduism. Some of the provision of Ordinance are follows as: Section 3 of the principal Acts prohibits cow slaughter, or its attempt or abetment, and Section 5 of the Act prohibits sale or transport of beef. Violation of these provisions is punishable with rigorous imprisonment for a term which may extend to seven years.
Through this Ordinance, the government has enhanced the maximum punishment for both the offences with rigorous imprisonment of a minimum term of 3 years which may extend up to 10 years, and fine of minimum Rs. 3 lakh and maximum Rs. 5 lakh. In case of repeated offenders, the punishment prescribed above will stand doubled.
The name and photo of a person accused for violation of Section 5 will be published at any such important place in the locality where the accused normally resides or at such public place where he hides himself from the law enforcement,” the press release issued by the Government states.
The Ordinance further fixes liability on the driver and owner of the vehicle that is used to transport beef. It provides that if beef is found in a vehicle or it is discovered that cows are being transported illegally, the driver and the owner of the vehicle shall be charged for cow slaughter, unless they prove that they had no knowledge of the same.
Whether Right to eat beef includes the right to eat through Article 21 In our Constitution Article 21 is a one of the major Article which protected various rights of citizen as well as non-citizen now question whether the right to eat a beef of cow is a fundamental right protected under Article 21.
The Term right to personal liberty implies an individual freedom of individual what he she eat, wear it ought not be chosen by the any one despite the fact that expresses the reason Ban on meat is an infringement of Article 21.
In 1996, in case of Hasmattullah v State of Madhya Pradesh[1], the MP government forced complete prohibition on butcher of bull and bullock yet Supreme Court suppressed it saying cows over the age of 16 years are of no utilization for reproducing, draft and horticultural reason thus butcher couldn’t be restricted as it is irrational and abuse the right to trade and profession.
On account of SR Bommai v Union of India[2] while conveying the decision Supreme Court Observed that Secularism is one of the fundamental principles of the Constitution. While opportunity of religion is ensured to all people in India, from the perspective of the State, the religion, confidence or conviction of an individual is insignificant.
To the State, all are equivalent and are qualified for be dealt with similarly. In issues of State, religion has no spot. No ideological group can at the same time be a strict gathering. Legislative issues and religion can’t be blended. Any State Government which seeks after unsecular arrangements or unsecular game-plan acts in opposition to the sacred command and delivers itself agreeable to action under Article 356.
It has been reported in the past too that the Uttar Pradesh government has been taking severe actions against alleged cow slaughter cases, including charging the accused under the National Security Act.
Though the NSA was legislated to provide the authorities with the power to detain a person without a charge for up to 12 months if they felt that he or she was a threat to national security or law and order, in Uttar Pradesh the controversial law has been used generously against those accused of cow slaughter.
Arbitrarily depriving an individual of their liberty is prohibited by the United Nations’ division for human rights. Article 9 of the 1948 Universal Declaration of Human Rights decrees that “No one shall be subjected to arbitrary arrest, detention or exile”; that is, no individual, regardless of circumstances, is to be deprived of their liberty or exiled from their country without having first committed an actual criminal offense against a legal statute, and the government cannot deprive an individual of their liberty without proper due process of law. As well, the International Covenant on Civil and Political Rights specifies the protection from arbitrary arrest and detention by the Article 9.
Now it is the need of hour to practically apply these international human right laws to prevent the misuse of established laws and regulations and make the constitutional machinery a success.
