Anti-cow slaughter law in U.P. being misused, says High Court

“Seized meat often not sent for analysis... some stuck in jail for offence that may not have been committed”

October 26, 2020 09:43 pm | Updated October 27, 2020 12:00 am IST - LUCKNOW

Seized cows should be kept in shelters or with owners, the court said. File

Seized cows should be kept in shelters or with owners, the court said. File

The Allahabad High Court has expressed concern at the misuse of anti-cow slaughter law in Uttar Pradesh.

“[U.P. Prevention of Cow Slaughter] Act is being misused against innocent persons,” the court noted, as it granted bail to Rahmuddin, a person from Shamli accused of cow slaughter.

The petitioner was booked in May under Section 3, 5 and 8 of the Act in Thana Bhawan police station of Shamli. There were no charges against the petitioner in the FIR, said the court.

Counsel for the petitioner also informed the court that he was not arrested from the spot, but he had been in jail since August 5.

“Whenever any meat is recovered, it is normally shown as cow meat [beef] without getting it examined or analysed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis,” said Justice Siddharth.

In an order dated October 19, the court observed that some continue to be in jail for an offence that may not have been committed at all, or was triable by a Magistrate Class I and carried a maximum sentence of up to 7 years. The judge said whenever cows were shown as recovered, no proper recovery memo was prepared and one did not know where the cows went after the recovery. Goshalas did not accept non-milching or old cows and they were left to wander on the roads.

Similarly, after milking the cows, owners allow them to roam on the roads, drink drainage or sewer water and eat garbage and polythene, the court added.

“Whether cows are on roads or in the fields, their abandonment adversely affects the society in a big way. Some way out has to be found to keep them either in the cow shelters or with the owners, if U.P. Prevention of Cow Slaughter Act is to be implemented in letter and spirit,” the court said.

It ordered the release of the applicant on bail on furnishing a personal bond and two sureties of a like amount to the satisfaction of the court.

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