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Mahesh Ratan Rathi | HENB | Kolkata | Aug 11, 2016:: The details of Ministry of Home Affairs’ Circular No. 24013/50/Misc./2016-CSR.III Dt. 9th August, 2016 on the subject, “Advisory on untoward incidents in the country on cattle in the disturbance of law and order by miscreants in the name of protection of cow” has come to the public light and the cow protection groups creating more confusion and its real standard of action.
While the advisory letter mentioned and reminded all the states in India about the Art. 48 of Indian Constitution on “Organisation of agriculture and animal husbandry– 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”, but the letter never advised the states to adhere it strictly by enacting/implementing such laws as mandate.
The advisory letter preached a sermon in the beginning that: Historically, cattle have a very special, respected and venerated status in Indian culture and history. In this regard, Father of the Nation had stated that “Cow protection to me is not mere protection of cow. It means protection of that [which] lives, is helpless and weak in the world”.
Mentioning the state responsibility in the Point 3 of the letter, it highlights the point 4 as, “In States where slaughter of cows is prohibited by law, such slaughtering would be in violation of law, and an offence”. But, there was no advice or direction to take stern steps against the offenders in such case of illegal slaughtering.
But, the letter advised to take strictest punishment by the state authorities against the cow vigilantes if it comes under CrPC 39 as found in any case of violation of law and orders by taking law in their own hand.
Citing Section 39 of the CrPC in the point 6 of the letter, the MHA said it requires that any person aware of the commission of certain offences or intention needs to give information to the nearest magistrate or police officer of such commission or intention. And if an offence is committed, or is about to be committed, such an offence, or possibility of offence is required to be brought to the notice of the concerned police authorities or magistrate for appropriate action as per law. No person, can under any circumstances, take the law into their own hands. Bold and underlined both made by the MHA, not by us obviously.
These simultaneous silence about the offenders for cow slaughtering and taking stringent actions against the cow vigilantes created a confusion and criticism among the cow protectors as a very natural way of repercussion.
Sri Upananda Brahmachari of Gauhatya Mukt Bharat Abhiyan and the Editor of Hindu Existence website wrote a letter To PM Modi on 10th Aug requesting PM Modi to ‘take such strict and meaningful measures to protect the cow progeny so that the ‘Gau Rakhshaks’ can take some rest keeping off their war with the cow slaughterers and mafias and concentrate more on ‘Gau Seva’.
Dr. S K Mittal, Member of Karnataka State Goseva Ayog and President of Akhil Bharat Goraksha Sangha, requested the Jt. Secy of MHA on Aug 10 to add the Cr PC 43 as ‘rejoinder’ in the advisory letter in question to facilitate their activism of the ‘law abiding animal lovers’ that may ‘restrict unwanted atrocity of corrupt officials keeping their eyes close on illegal cruel transportation, smuggling and slaughter of speechless animals’.
In his letter Brahmachari wrote:
Respected PM Modi Ji,
PMO, South Block, Raisina Hill, New Delhi, India -110011
Your recent speech on cow vigilantism and the related circular issued by MHA will gear up anti-Hindu elements to attack upon the “Cow protectors” in different states, who are not even fake and nighttime anti-socials.
It is told in the MHA circular to take strict actions (under CrPC. 39) against the people of cow-protection groups who are taking law in their hands and thrash the cow thieves, cow slaughterers and the cow traffickers in arisen situations. But, do you know that the law breaking cow thieves, cow slaughterers, owner of illegal slaughter houses and the cow traffickers/mafias frequently attack the cow protectors with lethal weapons and sometime shot in advance?
Have you heard the brutal killing of Prashanth Poojari of Moodbidri? Perhaps not as you havn’t pass any comment on that as we heard your loud speech on some attack on dalits connected with cow-skinning etc. Check whether Prasanth was a real Cow Vigilante or a Fake Cow Protector in Anti-social category?
When you are so vocal about some three or four stray excessiveness committed by some cow vigilantes occurred in Gujarat, MP and UP, why you are so silent about the gross violation of slaughtering law, prohibition of animal cruelty, pollution by slaughter wastage/caracas/blood/excreta etc, public nuisance and hurting religious sentiment of the majority people of India.
We want to know from you, what is the meaning of “Democracy” and the “Majority Opinion” in the dictionary of a “Pradhan Sevak”?
Your recent message on ‘fake cow protectors’ is encouraging the businessmen connected with illegal cow slaughter and dangerous cow trafficking row connected with Jihad in India. And without a settled ‘cow policy’ adopted by you, the developmental measures for Indian farmers, agriculture, health, nutrition and culture are grossly hampering.
In this connection you must take stern steps against the ‘Mutthibhar fake cow protectors”. But, ensure that policy in which cow cannot eat plastic and die (stop illegal plastic production and use) and not a single cow or cattle can be victimized by the slaughtering and trafficking rackets promoted by the police and political parties everywhere….. (1 and 2).
Your initiative for making dossier to identify the ‘anti-social’ vigilantes in all states is very good. But, Modiji, please start another dossier for the list of anti-social in Political Parties. And please start it from BJP rightly. ….. (3 and 4).
Before sitting in the Chair of PM, several times you oppose beef export from India in your election campaigns. Still now India is the top beef exporter in global trade list. What about your assurance? Stop beef export completely (check the adulteration of beef in so called buffalo meat) from this country and ensure 1 lit. free milk for the Dalit and BPL category family without shedding free tears for them. (5 and 6).
Please take necessary actions as mentioned in 1,2,3,4, 5 and 6 without delay and issue such order/direction/circular from PMO/MHA or related departments so that the offenders of any violation of cow slaughter/animal cruelty/pollution/hurting to religious sentiment etc. can be booked strictly under specified law as you are strict against the offender cow vigilantes come under CrPC 39.
Please take such strict and meaningful measures to protect the cow progeny so that the ‘Gau Rakhshaks’ can take some rest keeping off their war with the cow slaughterers and mafias and concentrate more on ‘Gau Seva’.
Bharat Mata ki Jai. Gau Mata ki Jai.
Editor, Hindu Existence Website. Email: email@example.com dt. 10/08/2016.
PMO Correspondences. Date 10-08-2016. 23.10 IST. Acknowledgement: PMOPG/E/2016/0286304
In his letter Dr. Mittal wrote:
Min. of Home Affairs
NDCC II Building, Jaisingh Road
Cow safety issue : Ministry of Home Affairs has issue Advisory to all States in right prospective as Copy attached. It shall be read with following Cr PC provisions also
Reference your advisory No. 24013/50/Misc./2016-CSR.III Dt. 9th August , 2016
Dear Sri Dilip kumar,
I congratulate you and Sri Rajnath singh, the Honorable Home Minister for taking steps in clearing the Clouds raised due to misunderstanding of words of Honorable Prime Minister Sri Narender Modi Ji.
You have given very clear advise to all states on the issue Certainly, no need of any fear or disheartened by PMs words which were warning to mischief mongers and not not dedicated workers. As we know that we are NOT THE MISCHIEF MONGERS BUT THE DEDICATED ANIMAL LOVERS.
As you have quoted Section 39 of Cr.PC I want to request you to send a rejoinder adding following Section also in your well drafted ADVISORY which will help the law abiding animal lovers and will restrict unwanted atrocity of corrupt officials keeping their eyes close on illegal cruel transportation, smuggling and slaughter of speechless animals
I am reproducing Section 43 of Cr. PC for your perusal and addition in your Advisory please
With high regards
Dr. SK Mittal B.Com (Hons) LLM, Ph.D
Section 43 in The Code Of Criminal Procedure, 1973
43. Arrest by private person and procedure on such arrest.
(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non- bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re- arrest him.
(3) If there is reason to believe that he has committed a non- cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
It is now apprehended that thousands of such letter and suggestion will reach PMO and MHA office to remove the clouds over the stringents actions actions against save cow vigilantes and relaxation on illegal cow slaughterers and cow mafias.
India wants total ban on cow-slaughter and animal cruelty in the name of Qurbani and Halal. Central Govt and the state Govts must take care. Otherwise, it will be a catastrophe for all.
We know that the PMO and Law ministry both are busy to draft the necessary affidavit to be submitted to the Hon’ble Himachal Pradesh High Court which issued orders to Central Govt for banning cow slaughter in India.