'Cow Killers Rot In Hell; Expect Central Govt To Ban Cow Slaughter, Declare It A Protected National Animal': Allahabad HC

Stressing the importance of cows in Hinduism and the need to stop the practice of killing them, the Allahabad High Court recently hoped that the Central Government would take an appropriate decision to ban cow slaughter in the country and to declare the same as a 'protected national animal'.

The bench of Justice Shamim Ahmed also observed that since India is a secular country where we must have respect for all religions and in Hinduism, the belief and faith is that the cow is representative of divine and natural beneficence, and therefore, it should be protected and venerated.

Noting that the origin of the veneration of the cow can be traced to the Vedic period (2nd-millennium 7th century BCE), the bench also observed that anyone who kills cows or allows others to kill them is deemed to rot in hell for as many years as there are hair upon his body.

The Court further added that the degree of veneration afforded the cow is indicated by the use in rites of healing purification, and penance of the panchagavya, the five products of the cow milk, curd, butter, urine, and dung.

These observations were essentially made by the Court while refusing to quash a criminal case against one Mohd. Abdul Khaliq, who has been accused of cow slaughtering and transporting the same to sell the same.

Perusing the materials on record and looking into the facts of the case and after considering the arguments made at the bar, the Court noted that it does not appear that no offence has been made out against the applicant.

#JustIN | Hope that Central Government would take an appropriate decision to 𝐛𝐚𝐧 𝐜𝐨𝐰 𝐬𝐥𝐚𝐮𝐠𝐡𝐭𝐞𝐫 in the country and declare it as '𝐩𝐫𝐨𝐭𝐞𝐜𝐭𝐞𝐝 𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐚𝐧𝐢𝐦𝐚𝐥, says #AllahabadHighCourt#Cow #CowSlaughter pic.twitter.com/ES735eu94Y

— Live Law (@LiveLawIndia) March 3, 2023

Referring to beliefs of Hinduism, the court added that Brahma gave life to priests and cows same time so that the priests could recite religious scriptures while cows could afford ghee(clarified butter) as an offering in rituals. 

"The cow has also been associated with various deities, notably Lord Shiva (whose steed is Nandi, a bull) Lord Indra (closely associated with Kamadhenu, the wise-granting cow), Lord Krishna (a cowherd in his youth), and goddesses in general (because of the maternal attributes of many of them). The cow is the most sacred of all the animals of Hinduism. It is known as Kamadhenu, or the divine cow, and the giver of all desires," the Court observed.

The bench also noted that as per the legends, cows emerged from the ocean of milk at the time of Samudramanthan or the great churning of the ocean by the gods and demons and that she was presented to the seven sages, and in the course of time came into the custody of sage, Vasishta.

"Her legs symbolize four Vedas; her source of milk is four Purushartha (or objectives, i.e. dharma or righteousness, artha or material wealth, kama or desire and moksha or salvation); her horns symbolise the gods, her face the sun and moon, and her shoulders agni or the god of fire. She has also been described in other forms: Nanda, Sunanda, Surabhi, Susheela and Sumana," the bench added.

Referring to the Mahabharata, the Court noted that Bhishma (grandfather of the leaders of warring factions) observes that the cow acts as a surrogate mother by providing milk to human beings for a lifetime, so she is truly the mother of the world.

The Court also observed that the Puranas state that nothing is more religious than the gift of cows and that Lord Rama was given a gift of many cows.

Against the backdrop of these observations, the Court dismissed the Section 482 CrPC plea filed by the accused Mohd. Abdul Khaliq was booked under Section 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.

"The interference at the threshold of quashing of the charge sheet/criminal proceedings in case in hand cannot be said to be exceptional as it discloses prima facie commission of an offence," the Court said as it refused to grant relief to the accused.

Case title - Mohd. Abdul Khaliq Vs. State Of U.P. And Another [APPLICATION U/s 482 No. - 1743 of 2021]

Case Citation: 2023 LiveLaw (AB) 83

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