Jab Gaaye Ka Kalyaan Hoga, Tabhi Desh Ka Kalyaan Hoga, Cow Should Be Declared A National Animal - Allahabad High Court

Denying bail to Javed who was accused of slaughtering a cow, the court observed "We know that when a country's culture and its faith is hurt, the country becomes weak."

The single bench of Justice Shekhar Kumar Yadav held that the government should pass a bill in the Parliament to include cows within the scope of fundamental rights under Part III of the Constitution and harsh punishments be included to punish those who are involved in the slaughtering of cows.

The order of the Court said "Jab gaaye ka kalyaan hoga, tabhi desh ka kalyaan hoga (only if cow is revered, country will prosper).

The accused was charged under sections 3, 5, and 8 of the Prevention of Cow Slaughter Act and 379 IPC, the Court denied him bail asserting that India is the only country in the whole wide world where people belonging to different religions live and who may worship differently but their respect for the country is the same.

"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. In view of the above circumstances, prima facie offense is proved to be committed by the applicant."

The Court was of the view that if bail is granted to the applicant, it may disturb the harmony in the society at large.

"This is not the first offense of the applicant, even before this he has committed cow slaughter, which has disturbed the harmony in the society and if released on bail, he will again do the same work which will spoil the harmony in the society," the Court held.

J. Shekhar Kumar Yadav made some significant observations in this case which include: -

1. Not only Hindus but also Muslims have considered cow as an important part of the Hindu culture. Also, slaughtering of cows was banned by five Muslim rulers including Babur, Humayun and Akbar.

2. The cow is useful even when she has become old and sick. Her dung and urine are important for agriculture, in the making of medicines and while she is also considered to be a mother, nobody has a right to kill her when she gets old or sick.

3. The right to life is above the right to kill and the right to eat beef cannot be regarded as a fundamental right.

4. There have been situations when people just by clicking a few photos with cow think that their job is done, but that is not the case. The cow will have to be safeguarded and protected with a sincere heart and the government will also have to consider their case with seriousness.

Court dismissed the bail application of the accused.