My Dear Parliamentarians 1. Let us start what our father of nation said on “Cow”. He said: "I worship it and I shall defend its worship against the whole world," and that, "The central fact of Hinduism is cow protection." He regarded her better than the earthly mother, and called her "the mother to millions of Indian mankind." Our mother, when she dies, means expenses of burial or cremation. Mother cow is as useful dead as when she is alive. We can make use of every part of her body – her flesh, her bones, her intestines, her horns and her skin. 2. We all know what is Gomukh and why it was named and its relation with Cow, and our Vedas and Puranas better and not to discuss further. 3. Prohibition of cow slaughter is a Directive Principles of State Policy contained in Article 48 of the Constitution of India. It states, "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.". 4. India is known as Hindustan and mostly a Hindu majority Country. I once again repeat what our father of nation said that "The central fact of Hinduism is cow protection.". Our Constitution preamble in 1949 read as under :- WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:- a) JUSTICE, social, economic and political; b) LIBERTY, of thought, expression, belief, faith and worship; c) EQUALITY of status and of opportunity; d) and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; (NOTE: the original 1950 constitution stated "SOVEREIGN DEMOCRATIC REPUBLIC" and the words "SOCIALIST SECULAR" were added via the 42nd amendment during the Emergency in 1976) We all know “Custom” is a sources of Law in our Country. The total ban of slaughter of cows even on Bakri-Eid day as imposed by Bihar Legislature under Bihar Prevention of Animals Act, 1955 was attacked as violative of fundamental right of the petitionersunder Article 25 of the Constitution. WE all know Supreme Court Judgement, repelling this contention the Constitution Bench held that even though Article 25(1) granted to all persons the freedom to profess, practice and propagate religion, as slaughter of cows on Bakri-Eid was not an essential religious practice for Muslims, total ban on cow’s slaughter on all days including Bakri-Eid day would not be violative of Article 25(1). As we have noted earlier the Constitution Bench speaking through Das, C.J., held that it was optional to the Muslims to sacrifice a cow on behalf of seven persons onBakri-Eid but it does not appear to be obligatory that a person must sacrifice a cow. It was further observed by the Constitution Bench that the very fact of anoption seemed to run counter to the notion of an obligatory duty. One submission was also noted that a person with six other members of his family may afford to sacrifice a cow but may not be able to afford to sacrifice seven goats, and it was observed that in such a case there may be an economic compulsion although there was no religious compulsion. In this connection, Das, C.J., referred to the historical background regarding cow slaughtering from the times of Mughal emperors.Mughal Emperor Babar saw the wisdom of prohibiting the slaughter of cows as and by way of religious sacrifice and directed his son Humayun to follow this. Similarly, Emperors Akbar, Jehangir and Ahmed Shah, it is said, prohibited cow slaughter. In the light of this historical background it was held that total ban oncows slaughter did not offend Article 25(1) of the Constitution. In view of this settled legal position it becomes obvious that if there is no fundamental right of a Muslim to insist on slaughter of healthy cow on Bakri-Eidday, it cannot be a valid ground for exemption by the State under section 12 which would in turn enable slaughtering of such cows on Bakri-Eid. The contention of learned counsel for the appellant that Article 25(1) of the Constitution deals with essential religious practices while section 12 of the Act may cover even optional religious practices is not acceptable. No such meaning can be assigned to such an exemption clause which seeks to whittle down and dilute the main provisions of the Act, namely section 4 which is the very heart of the Act. If the appellants’ contention is accepted then the State can exempt from the operation of the Act, the slaughter of healthy cows even for non-essential religious, medicinal or research purpose, as envisaged by section 12. It becomes obvious that it is not necessary or essential to permit slaughter of healthy cow, then there would be no occasion 5. Cow slaughter in Medieval India began around 1000 AD, when India was invaded by various Islamic rulers from Turkey, Persia, Arabia and Afghanistan. The reverence for the cow played a role in the Indian Rebellion of 1857 against the British East India Company. Hindu and Muslim sepoys in the army of the East India Company came to believe that their paper cartridges, which held a measured amount of gunpowder, were greased with cow and pig fat. The consumption of swine is forbidden in Islam. Since loading the gun required biting off the end of the paper cartridge, they concluded that the British were forcing them to break edicts of their religion.(wikipedia} Mera Bharat Mahan,
Posted on: Sun, 14 Jul 2013 05:31:22 +0000