Upendra Bharti | HENB | New Delhi | Oct 22, 2016:: Somehow boosted by the anti-cow-vigilante remarks passed by PM Modi, the beef lobbies in India have been charged to jumped in the field of illegal slaughtering and cow-trafficking and even approached to Supreme Court of India multi-faced attempts.
After the suit filed by the Qureshi beef traders of Mumbai to allow cow and bull slaughter again in Maharashtra, now anti-Hindu Congress leader from Puna, Tehseen Poonawalla reached Supreme court with a plea to ban on ‘gau rakshaks’ so that the inhuman cow slaughter, brutal animal cruelty and and illegal cow trafficking would take place without any protest or restraint.
The Supreme Court now agreed on Friday to hear a plea seeking its direction to ban cow vigilante groups for allegedly “creating disharmony among various communities and castes” and indulging in mob violence.
A bench of Justices Dipak Misra and Amitava Roy sought response from the Centre Govt and Gujarat, Jharkhand, Maharashtra, Madhya Pradesh and Haryana Govts for allegedly ‘giving protection’ to such vigilante groups.
A senior advocate in SC Mr Sanjay Hegde, appearing for the petitioner, alleged that “gau rakshak dals” are spreading violence and committing atrocities against Dalits and members of the minority communities and pleaded the court to direct the Centre and states to take action against them.
The petitioner, Congress leader Tehseen Poonawalla, pleaded to the SC to declare as “unconstitutional” section 12 of the Gujarat Animal Prevention Act, 1954, Section 13 of Maharashtra Animal Prevention Act, 1976, and Section 15 of Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964, which provide for protection of persons acting in good faith under the Act or rules.
The experts say that the petition in question may be a boomerang to the petitioner as Art. 48 of Indian Constitution directs the states that “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”.
Again, Art. 51-A (g) of Indian Constitution on fundamental duties for any Indian citizen says, “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures”.
Then it is no unfair means to protest, abet or restrict cow slaughter, cattle trafficking, beef trading in illegalities by any cow vigilante or such groups involved in the protection of ‘natural environment including forests, lakes, rivers and wild life’ with ‘compassion for living creatures’.
Those who want to point out ‘taking law in own hands by the cow vigilantes’, they must know that these cow vigilantes are helping the police and local administrations to uphold the constitutional provisions of Art. 48 or Art 51-A (g) of Indian constitution. Moreover, Section 43 in The Code Of Criminal Procedure, 1973 empower any citizen as:
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.
So, whoever raises an alarm against cow vigilantes going to capture or seize the butchers and cattle smugglers in order to free cattles and want to impose Cr Pc 39 (committing various punishable offences) against them, the ‘Gau rakshaks’ (cow vigilantes) are well protected under Cr Pc 43 to run their activism well and alive.
The majority of law abiding Indian citizens, mainly Hindus, have full faith on the Supreme court of India and also they have the highest veneration for the Cow progeny under their traditional faith. They hope, nothing will be violated through the actions of the apex court of India in anyway any manner.
The Hindus and Cow vigilantes in India want to remind PM Modi to his speech in the Lok Sabha on 27.11.2015 when he said, “Sarkar ka ekhi dharm hota hai- India First, Sarkar ka ekhi dharm granth hota hai – Bharat ka Samvidhan”. As PM Modi confirmed in the house of the people that the only religion of Govt is India First and its only religious book is the constitution of India.
Then PM Modi must ensure two things at least as enshrined in the Holy constitution of India. (1) Uniform Civil Code. Art 44 and (ii) Cow protection. Art 48 of Indian constitution. PM Modi can’t just betray with Indian Constitution and those people whom have full faith on it.
__Agencies. Courtesy: Indian Kanoon.