HC notice to state on plea over giving powers to cow vigilantes

The Punjab and Haryana High Court on Wednesday issued notice of motion to the State of Haryana on a petition challenging the constitutional validity of Sections 16 and 17 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015. Among other things, the petitioner contended that it unlawfully delegated coercive sovereign powers to private individuals and vigilante groups.

The petition, filed by the National Federation of Indian Women (NFIW) through advocate Arjun Sheoran, contended that the impugned provisions permitted “any person authorised by the government” to exercise powers of search, seize and prosecute, without laying down any qualifications, safeguards or accountability mechanisms.

Calling such open-ended delegation “arbitrary and violative of Articles 14 and 21,” the petitioner submitted that these provisions “enable private individuals and vigilante groups to exercise coercive state functions, threatening personal liberty and the rule of law.”

The plea was seeking a declaration that Sections 16 and 17 of the 2015 Act were, under the circumstances, unconstitutional, arbitrary, vague and unreasonable. Alternatively, issuance of direction was sought for reading down the phrase “any person authorised by the government” to confine its scope strictly to officers of the government.