Cow holds special status in India, its slaughter can have grave public repercussions: HC

Observing that the cow holds a unique and special status in India, the Punjab and Haryana High Court has said its slaughter can have grave repercussions on public peace when it offends the deeply held beliefs of a significant population group.

Denying pre-arrest bail to Aasif, who was accused of transporting two cows to Rajasthan for slaughtering, in violation of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act and the Prevention of Cruelty to Animals Act, Justice Sandeep Moudgil said, “The present offence, apart from its legal implications, is laden with emotional and cultural undertones, given the unique status of the cow in Indian society.”

“This court cannot remain oblivious to the fact that in a pluralistic society like ours, certain acts, while otherwise private, can have severe repercussions on public peace when they offend the deeply held beliefs of a significant population group,” he added.

The court placed reliance on an earlier order of the Supreme Court in state of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat, wherein the top court had upheld the constitutional validity of cow slaughter prohibitory laws and recognised the constitutional directive under Article 48 of the Constitution of India as reflecting the moral and economic ethos of our society.

Observing that the cow was not only a pious animal, but also an integral part of India’s agrarian economy, the Bench said Article 51A (g) of the Constitution enjoins every citizen to show compassion to all living creatures. “It is in this context that the alleged act of cow slaughter committed repeatedly, deliberately and provocatively strikes at the core of constitutional morality and social order,” the court said.