Cow Villainism in India

“Eternal Vigilance is the price of democracy.”

Thomas Jefferson

Introduction:

Vigilance can be defined as the act or state of keeping careful watch for possible danger or difficulties. But what is happening in India has widened the scope of the term to include murder, lynching and exploiting religious beliefs.  

For the politicians, the opportunity to milk the cash cow feeding the vote banks is too good to miss. Cows are considered sacred by people professing the Hindu faith.  Politicians are often seen exploiting the sentiments of the citizens be it by way of spreading rumors or delivering hate speeches so as to patronize the potential target voters.

This has given birth to various unorganized groups that operate on their self-established protocol such as ‘gau rakhsa dal’. The members are often volunteers and work in coordination with other members or organizations having similar agenda. These organizations actively campaign for the Government especially during the elections.

The statistics published by Indiaspend in the year 2017 suggest a steep rise in the number of cases ever since the BJP Government came into power and the attacks being disproportionately targeted against members of the Muslim community as compared to other racial groups. As per the report, 94% of the cow relating offence have occurred after the year 2014. It also states that, 52% of victims of cow related offences that took place between the period 2010-2017 were Muslims.[i]

However, despite stringent laws being in place, the system has failed to prevent the perpetrators to take the law in their own hands, thereby undermine the law of land.

The issue of Dadri mob lynching is one such embarrassing incident which made through International headlines and attracted nationwide protests (discussed later).

Origin

Cattle slaughter was a punishable offence even during the era of Scindia of Gwalior state.[ii] Cow protection as a movement started under British colonial rule. As the nationalist movement was emerging, it received a further boost in 1888  when a court in colonial India ruled that a cow was not a sacred “object” as defined in the Indian law.  It ruled that Muslims were not being disrespectful toward Hindu religious sentiments if they slaughtered cows.[iii]

Is cow slaughter legal in India?

Customs form an important source of law besides judicial precedents, statues etc.  Entry 15 of the State List of the Seventh Schedule of the Constitution which provides “Preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practice”. Further Article 48 of the constitution of India Provides “Organisation of agriculture and animal husbandry 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.”

As a result, various legislations have been enacted by states for protections of cows. Cow slaughter relating legislation differ from state to state.

Six states have imposed a blanket ban on slaughtering any cattle while some of the other states have subject the act to various conditions such as obtaining ‘fit for slaughter’ certification (which is issued upon meeting certain preconditions). There are also laws banning export of cattle to other states for slaughter.[iv] On the other hand there are no restrictions on cattle slaughter in the State of Kerala, West Bengal, Arunachal Pradesh, Mizoram, Meghalaya Nagaland, Tripura and Sikkim.[v]

Legislations to Prevent Cow Vigilantism

Currently, such offences are dealt with by sections in the Indian Penal Code and the Criminal Procedure Code. 

In the 2016, the Ministry of home affairs said that it had issued an advisory to all states “for taking prompt and strict action against miscreants who take law into their own hands in the name of protection of cow.”[vi]

On July 24, 2019, the Congress government in the state of Madhya Pradesh proposed an amendment providing a jail term ranging between 6 months to 5 years for people who  beat up or damage property or vehicles of those accused under the principal anti-cow slaughter Act . This move was opposed by the members of BJP Government arguing that it would encourage cow slaughter.  “If a truck driver carrying cows is merely questioned, he could accuse anyone of harassment,’’ the BJP MLA said. [vii]

Major Events

Dadri Mob Lynching

In 2015, an appalling incident took place at Dadri, Uttar Pradesh, where a 52-year-old man and his son were brutally attacked by a on grounds of mere suspicion that the family had slaughtered and consumed the Cattle meat. During the late night, when the family members had just their dinner, the mob arrived and sized the leftover meat kept inside the refrigerator. Clashes were reported between the family and the villagers despite family insisting that the meat was mutton and not beef. The man died where as his son was seriously injured[viii] Post investigation, it was discovered that the meat consumed was mutton and not beef. However, a contradicting report by a forensic lab in Mathura Confirmed that the meat was beef.[ix]

Alwar Mob Lynching

Another landmark incident, popularly known as Alwar Mob lynching case , where a 55 year old man Pehlu Khan with few others, while returning to their village in Haryana stopped by a group of vigilantes were beaten brutally by a group of mobs. The vehicle in which they were commuting was also carrying dairy cows which were purchased to increase the milk production.  They showed the mobs relevant documents as a proof that the cows were intended for dairy purpose. Without even considering the documents, they were attacked by a group of 200 vigilantes which resulted to homicide of Pehlu Khan while others were seriously injured.[x]

Responses

To take the edge off the spreading of vigilance, the Supreme Court in the year 2017 directed the Center and States to appoint nodal officers and take stern action against the vigilantes.[xi]

Following the Alwar mob lynching case, Activists Tahseen Poonawalla and Tushar Gandhi moved a contempt petition. In response, sought the Rajasthan government’s reply to the contempt of court petition. The bench directed Principal Secretary of the Home Department of the Rajasthan state government to file an affidavit giving details of the action taken in the lynching case.[xii]

A contempt petition was been filed by Tushar Gandhi, against Rajasthan, Haryana and Uttar Pradesh for non-compliance of to take stern steps to stop violence in the name of cow vigilantism.

The apex court had sought response from governments of the three states on a plea seeking contempt action for not following its order to take stern steps to stop violence in the name of cow vigilantism.

 “This kind of incidents cannot occur. It can’t be accepted in remotest sense. Obligation of states to ensure that such incidents do not occur,” the court observed.[xiii]

In an event Smriti Irani said that the “Prime Minister and all BJP leaders believe that law cannot be taken into the hands by a vigilante or citizen. It has to be enforced by the police.”[xiv]

Conclusion

The self-proclaimed defenders of faith have at instances taken law in their own hands and have subjected the suspects the most inhuman behavior possible. At various occasions the country has witnessed attacks on minorities being targeted for suspect beef consumption which at times after investigation has turned out to be meat of goat or other animal. It is important for states to enact and implemented stringent laws in addition to existing IPC provisions so as to deter the members of such organizations to take law into their own hand.

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References:

[i] 84% Dead In Cow-Related Violence Since 2010 Are Muslim; 97% Attacks After 2014. (2017, June 28). IndiaSpend-Journalism India |Data Journalism India|Investigative Journalism-IndiaSpend. https://archive.indiaspend.com/cover-story/86-dead-in-cow-related-violence-since-2010-are-muslim-97-attacks-after-2014-2014

[ii] Wikipedia Contributors. (2019, August 28). Cow vigilante violence in India. Wikipedia; Wikimedia  Foundation. https://en.wikipedia.org/wiki/Cow_vigilante_violence_in_India

[iii] Cow Vigilantes and the Rise of Hindu Nationalism. (2019, May 3). KENNEDY SCHOOL REVIEW.  https://ksr.hkspublications.org/2019/05/03/cow-vigilantes-and-the-rise-of-hindu-nationalism/#_edn12

[iv] Majumdar, U. (2017, July 5). New Beef Ban Rules And Cow Protection Vigilantes, Both On Supreme Court Menu. https://Www.Outlookindia.Com/. https://www.outlookindia.com/website/story/new-beef-ban-rules-and-cow-protection-vigilantes-both-on-supreme-court-menu/299496

[v] Apr 3, T. /, 2017, & Ist, 01:32. (2017, April 3). cow slaughter: Cow slaughter allowed in most northeastern states, Bengal | India News – Times of India. The Times of India. https://timesofindia.indiatimes.com/india/cow-slaughter-allowed-in-most-northeastern-states-bengal/articleshow/57980903.cms

[vi] Singh, V. (2018, December 12). States can enact law to stop cow vigilantism, Centre tells LS. The Hindu. https://www.thehindu.com/news/national/states-can-enact-law-to-stop-cow-vigilantism-centre-tells-ls/article25720896.ece

[vii] Ghatwai, M. (2020, September 29). Madhya Pradesh: Bill against cow vigilantism faces uncertain future. The Indian Express. https://indianexpress.com/article/cities/madhya-pradesh-bill-against-cow-vigilantism-congress-6291781/

[viii] Indian man lynched over beef rumours. (2015, September 30). BBC News. https://www.bbc.com/news/world-asia-india-34398433

[ix] Ali, M. (2016, May 31). Dadri meat was beef, claims fresh forensic report. The Hindu. https://www.thehindu.com/news/national/other-states/Dadri-meat-was-beef-claims-fresh-forensic-report/article14378277.ece

[x] Alwar attack: Gau rakshaks killed a dairy farmer, not cattle smuggler. (2017, April 7). The Indian Express. https://indianexpress.com/article/india/alwar-gau-rakshaks-killed-a-dairy-farmer-not-cattle-smuggler-4601434/

[xi] Sep 7, D. M. / T. / U., 2017, & Ist, 06:12. (n.d.). supreme court: Take urgent steps to stop cow vigilantism, Supreme Court tells Centre and states | India News – Times of India. The Times of India. Retrieved September 18, 2020, from https://timesofindia.indiatimes.com/india/take-urgent-steps-to-stop-cow-vigilantism-supreme-court-tells-centre-and-states/articleshow/60387970.cms?from=mdr

[xii] Contempt of Court: SC seeks reply from Raj Govt in Lynching matter. (2018, August 21). CJP. https://cjp.org.in/contempt-of-court-sc-seeks-reply-from-raj-govt-in-lynching-matter/

[xiii] Cow vigilantism unacceptable, onus on states to prevent lynchings: Supreme Court. (2018, July 3). The Indian Express. https://indianexpress.com/article/india/lynchings-by-cow-vigilantes-supreme-court-states-5243938/

[xiv] BJP does not support cow vigilantes, other such groups: Irani. (n.d.). Https://Www.Outlookindia.Com/. Retrieved September 18, 2020, from https://www.outlookindia.com/newsscroll/bjp-does-not-support-cow-vigilantes-other-such-groups-irani/1056286