Scientists Believe Cow Is The Only Animal That Inhales & Exhales Oxygen; No Fundamental Right To Eat Cow-Beef : Allahabad High Court

The Court observed thus as it denied bail to one Javed who has been accused of slaughtering a cow after committing its theft, and booked under S. 379 IPC r/w S. 3, 5, 8 UP Prevention of Cow Slaughter Act, 1955.

Cow Should Be Declared National Animal; Cow Protection Be Made Fundamental Right Of Hindus : Allahabad High Court

Significantly, the Bench of Justice Shekhar Kumar Yadav, in its bail order written in Hindi, observed that Fundamental Rights are not only the prerogative of beef eaters, rather, those who worship the cow and are financially dependent on cows, also have the Fundamental Right to lead a meaningful life.

In this context, the Court observed thus:

"The right to life is above the right to kill and the right to eat cow-beef can never be considered a fundamental right. Right to life can't be snatched away merely for another's pleasure of taste, and that the right to life is above the right to kill. The right to consume cow-beef can never be a Fundamental Right."

Importantly, the Bench stressed that cow protection and promotion is just about anyone religion, but the cow is the culture of India and the responsibility to save this culture is of every citizen living in the country, irrespective of their religion.

"There are hundreds of examples in our country that whenever we forgot our Sanskriti, the foreigners attacked us and made us slaves, and even today if we do not wake up, then we should not forget the autocratic Taliban invasion and occupation of Afghanistan," the Court added.

The Court also noted that the cows have been given a special place in Indian scriptures including the Vedas, the Puranas, the Shastras, Mahabharata, and Ramayana.

"It is not that only Hindus have understood the importance of cows, Muslims have also considered the cow as an important part of India's culture during their reign, the Slaughter of cows was banned by 5 Muslim rulers. Babur, Humayun, and Akbar also prohibited the sacrifice of cows in their religious festivals. The Nawab of Mysore, Hyder Ali, made cow slaughter a punishable offence," the Court added.

Further, the Court noted as to how during the Constituent Assembly Debates, it was debated that Cow Protection be made a Fundamental right, however, the same didn't happen and rather, Article 48 was included in the Constitution of India (which directs the state to make efforts for banning animal slaughtering of cows and calves and other milch and draught cattle)

The Court further observed that Cow Protection should be made a Fundamental Right Of Hindus and that Cows must be put under Part III of the Constitution of India, which deals with Fundamental Rights.

Importantly, the Court also took note of the pathetic conditions under which cows are forced to live despite there being claims and initiatives related to the protection of cows

"There are many such examples, where the cows die due to hunger and disease in the cowshed. They are kept amidst the filth. In the absence of food, the cow eats polythene and as a result, dies after getting sick. The bad condition of cows, who have stopped giving milk could be seen on the roads and streets. Sick and mutilated cows are often seen unattended. In such a situation, it comes to the fore as to what those people are doing, who promote the idea of conservation of the cow. Sometimes by taking photographs with a couple of cows, people think that their work is done, but it is not so. The cow will have to be protected and taken care of with a sincere heart and the government will also have to consider their case seriously."

The Court also made the following significant observations:

• Fundamental Right is not only the prerogative of beef eaters, rather, those who worship the cow and are financially dependent on cows, also have the right to lead a meaningful life.
• The right to life is above the right to kill and the right to eat beef can never be considered a fundamental right.
• The cow is useful even when she is old and sick, and her dung and urine are very useful for agriculture, making of medicines, and most of all, the one who is worshiped as a mother, even if she gets old or sick. No one can be given the right to kill her.
• It is not that only Hindus have understood the importance of cows, Muslims have also considered the cow as an important part of India's culture during their reign, Slaughter of cows was banned by 5 Muslim rulers. Babur, Humayun, and Akbar also prohibited the sacrifice of cows in their religious festivals.
• The Nawab of Mysore, Hyder Ali, made cow slaughter a punishable offence.
• From time to time, various courts and the Supreme Court of the country, considering the importance of the cow, have given many decisions keeping in mind its protection, promotion, and the faith of the people of the country, and the Parliament and the Legislative Assembly have also made new rules with time to protect the interests of cows.
• It is very painful to see that sometimes, those who talk about cow protection and prosperity, become cow-eaters. The government also gets the cowshed constructed, but the people who have been entrusted to take care of the cows, do not take care of the cow.
• There are many such examples, where the cows die due to hunger and disease in the cowshed. They are kept amidst the filth. In the absence of food, the cow eats polythene and as a result, dies after getting sick.
• The bad condition of cows, who have stopped giving milk could be seen on the roads and streets. Sick and mutilated cows are often seen unattended. In such a situation, it comes to the fore as to what those people are doing, who promote the idea of conservation of the cow.
• Sometimes by taking photographs with a couple of cows, people think that their work is done, but it is not so. The cow will have to be protected and taken care of with a sincere heart and the government will also have to consider their case seriously.
• The Country will be safe, only when there would be the welfare of cows, and then only, there the Country would prosper. Especially, those people who talk about the protection of the cow by mere pretense, have to give up the hope of promotion of cow protection.
• The government will also have to bring a bill in the Parliament and declare the cow as the national animal and include it under FR and make strict laws against those who talk about harming cows/ Laws should come for those also who talk about cow protection by making cowsheds etc., but they have nothing to do with cow protection, their only aim is to earn money in the name of cow protection.
• The cow protection and promotion aren't about any one religion, but the cow is the culture of India and the work of saving the culture is of every citizen living in the country, irrespective of religion or worship.
• There are hundreds of examples in our country that whenever we forgot our Sanskriti, the foreigners attacked us and made us slaves, and even today if we do not wake up, then we should not forget the autocratic Taliban invasion and occupation of Afghanistan.
• India is the only country in the whole world, where people of different religions live, who may worship differently, but their thinking is the same for the country and they respect each others' religions.
• They respect the customs and food habits. In such a situation, when everyone takes a step forward to unite India and support its faith, then some people whose faith and belief are not at all in the interest of the country, they only weaken the country by talking like this in the country.
• Someone's right to life cannot be snatched away merely for another's pleasures of taste, and that the right to life supercedes the right to kill.