A Court in Gujarat’s Tapi District recently sentenced a 22-year-old man to life imprisonment for illegally transporting cattle from the state of Maharashtra. While pronouncing his sentence, the Sessions Judge S. V. Vyas said that all problems of the earth will be solved and the well-being of the earth will be established the day no drop of blood of cow drops on the earth, reported LiveLaw. Presiding over the District Court, Tapi, Judge Vyas further added that religion is born out of a cow as religion is in the form of ‘Vrishabha’ (bull), and the son of a cow is called ‘Vrishabha’.

Also reporting this case, The Indian Express, further provided that the Sessions court judge stressed on the need to protect cows all over the country, saying “science has proved houses made of cow dung remain unaffected by atomic radiation”. He had also observed that cow’s urine can cure many incurable diseases. This judgment was pronounced in November while the order has made available recently. The judge in his order had expressed displeasure over slaughtering of cows and noted a cow is “our mother”, not just an animal.

The Court also cited a Sanskrit shloka that asserts that if cows become extinct, the universe will cease to exist, and that cows, including their six organs, are responsible for the origin of the Vedas. To emphasize that killing cows is prohibited, the Court alluded to two further Shlokas that can be roughly translated as follows:

“Where cows remain happy all wealth and property is gained. Where cows remain unhappy wealth and property remains unhappy and disappear…Cow is the mother of Rudra, daughter of Vasu, sister of Aditiputras and treasure of Dhrutroop Amrit.”

Commenting sharply on the slaughter of the animals, the Court also stated that cow murder and illegal transit are a disgrace to civilized society, and that the cow is not just an animal, but also the mother and that is why it is given the mother’s name. The judge went further and said that a cow is repository of compassion, a‘living planet of 68 crore holy places and thirty-three crore gods.”  According to the judge, a cow’s commitment to the entire Universe transcends description. When there is no drop of cow blood in the world, all issues will be solved and the earth’s well-being will be established. The judge also reportedly lamented that while there is a lot of rhetoric about cow protection and cow rearing, but it is rarely put into practice.

The Court concluded that the prosecution had been able to prove that the accused was driving the vehicle at the time of the incident, from which Cows and their offspring were recovered, and that there was no reason for the police to falsely implicate the accused in the case after reviewing the evidence presented. The Court also ruled that the prosecution had been able to establish that the accused lacked a certificate from a competent authority or written permission to transport livestock, thus the court had to assume that the accused was transporting cattle for slaughter.

After the trial, the Sessions court found him guilty under relevant sections of the Gujarat Animal Preservation Act, 2011, Gujarat Animal Preservation (Amendment) Act, 2017, and Prevention of Cruelty to Animals Act, 1960. The Court further stated in its 24-page ruling, written in Gujarati, that in the current scenario, 75% of the cow’s wealth has been lost or destroyed, leaving only 25% of its wealth.

The Accused has been held guilty under Sections 5, 6, 7 of the Gujarat Animal Preservation Act, 2011, Section-11 (1) (d),(e), (f),(h) of the Prevention of Cruelty to Animals Act 1960, Section 2 of Gujarat Control of Animal Transportation Order, 1975 and Section 4 of Gujarat Essential Commodities And Animal Control Act, 2015 as well as section-125 (e) of Central Motor Vehicle (11th Amendment)Act,2015 and he has been sentenced to imprisonment for life along with a fine of Rs. 5 lakhs.

In 2017, the state government had introduced a stringent anti-cow slaughter law in the form of the ‘Gujarat Animal Preservation (Amendment) Act, 2017’, which has the provision for life term for anyone found guilty of cow slaughter or having any direct involvement in such illegal act. Through this new law, the maximum punishment for cow slaughter was prescribed as life term or 14 years, but not less than seven years. Along with the jail term, anyone convicted of cow slaughter have to pay a fine ranging from Rs1 lakh to Rs5 lakh.

Brief background of present case

In August 2020, the Tapi police arrested Mohammad Aamin Anjum, a resident of Maharashtra’s Malegaon town, for allegedly trying to transport 16 cows and bullocks in a truck to Gujarat. When the police had intercepted the truck, a cow and a bullock were already dead as there was not enough space or food in the vehicle for the cattle. Anjum had fled the spot after abandoning his truck, but he was later nabbed.

He was booked, inter alia, under the Gujarat Animal Preservation (Amendment) Act, 2011, Prevention of Cruelty to Animals Act, 1960, the Gujarat Essential Commodities and Cattle (Control) Act, 2005 as well as the Central Motor Vehicles (Eleventh Amendment) Rules, 2015.

The judgment can be viewed here.

Portals and newspapers have reported on this November 2022 order by a Tapi court. It pertains to a case of one Mohammad Ameen, who was arrested in August 2020 for transporting 16 cows, allegedly without proper arrangement for the animals to sit, eat or drink. In addition to the life imprisonment and what Bar and Bench calls ‘several lesser punishments,’ Ameen was also fined Rs 5 lakh by the court.

Politics of Cow Slaughter Laws and its Misuse

India is a country with myriad number of legislations in place to govern its citizens. As society is progressing, laws fitting to the needs of the society are being brought in with the aim of keeping up with the dynamic needs of the people. These laws also contain with them such procedures and burden of proofs that ensure that the rights of the accused are maintained and protected till they are proven guilty. Even for the crime of murder and rape, the burden of proof is on the State, and the fundamental principle of natural justice is followed- the accused remains innocent until proven guilty.

In the recent times, this principle has been reversed. With more and more weaponisedand discriminatory laws, such as the Cow slaughter laws and the anti-conversion laws, being introduced, it is no exaggeration to say that nobody fully understands these laws now.

In the case of India’s cow slaughter laws, it is pertinent to note that there is no constitutional mandate to prohibit beef consumption, not on its transportation, sale or purchase in India. Yet, stringent laws are being introduced in many states and minorities, to target most especially livelihood options of Muslims and Dalits.

Since states are enacting their own laws, there is a lack of uniformity amongst the legislations, with laws ranging from a complete prohibition in some states, to no ban in others, and partial restrictions in others. Some states prohibit the consumption of beef, while others do not. There are slaughter bans on some bovine species but not others, on some cattle of a certain age but not others, on some cattle of a certain gender but not the rest. There are limits on beef possession in certain states and no clarity in others, as well as transport bans in some regions and regulations on time, temperature, and carrying conditions in others. None of it makes a coherent kind of jurisprudence, making it easier for the judgements that often seem irrational to be delivered.

This is not the first time that the Gujarat sessions court has given a judgement where there is a clear misuse of law as well as complete ignorance of the legislative procedures and cross-checks set under the principles of natural justice. The state of Gujarat is determined to put these twisted laws into action. Before we look at previous judgements on the same lines, Sabrangindia’s special investigation into the ‘missing cows and bullocks in Gujarat’ tells its own story. In August 2020, a two part investigation titled, The Missing Cows of Gujarat detailed ‘How Cow Protection Laws have failed to protect the animal in the state. The article pertinently noted that,

“Gujarat’s farmers, hindered by an unrealistic legislation steeped in rhetoric and a dishonest objective, are illegally culling and disposing off the bovine animals: a close scrutiny of the 2012 Livestock Census data figures on breeding cows and female calves, the expected population are revealing: whereas in 2019 the figures of cows in the state should have been 114.04 lakhs, in reality only 76.26 lakhs cows were reported in the census.  The data shows that around 37.78 lakh cows went missing during the period, which means these were illegally culled and disposed of by the farmers.   The missing cow phenomenon was not a one-time aberration but consistent.” 

The second part, Part II: Disappearing Bullocks, Missing Cows, how Gujarat’s Farmers dodge an impracticable Cow Protection Law analyses how, among other aspects,

“How even the Supreme Court’s endorsement of a stringent amendment to the Gujarat Cattle Preservation Act in 2005, has failed to protect either bullocks, male calves or cows, never mind the political rhetoric behind the law. he disappearance of Gujarat’s cows in the past seventy years was detailed in the first part of this Investigation. Part II of this exclusive data-driven study reveals that during the census period 2012-2019, around 56.42 lakh males (bullocks) were culled and eliminated from the population illegally, which included 25.27 lakh native breed plus 31.15 lakhs crossbred males. Considering the 37.8 lakhs missing cows described in the earlier article, the Gujarat state, which claims to be a serious protector of cow progeny, failed to save 94.22 lakhs cattle with an average elimination rate of one lakh cattle every month. Is  the state not aware of this persistent culling that has resulted in these ‘disappearances’?  “

Clearly, something is happening at the grassroots with catelliers taking decisions out of sync with this stringent legislation!

Other such cases

In July 2019, a man was tried and convicted for cow slaughter after a neighbor had accused him of stealing his calf and slaughtering it to serve at his daughter’s wedding. Rather than being accused of theft, he was investigated for the crime of slaughter. Despite the fact that the prosecution had no proof, and the Forensic Science Laboratory in Rajkot couldn’t even confirm that the meat served at the wedding dinner was beef, the accused was convicted. In the said case, the Sessions Court judge, Hemant Kumar Dave, had stated that the accused must prove that the meat contained in the biryani was not obtained by slaughtering the calf. Thus, the onus of proving was put on the accused. He was then convicted for ten years.

In September 2019, the above-mentioned sentence was suspended by an embarrassed Gujarat High Court with the judge using ‘judicial discretion’, and the man was ordered to be freed. The government said it would appeal. Thus, not only the sessions court unlawful and unmindful order disrupted the life of the accused, it also put more unnecessary pressure on the already burdened judiciary of the our country.

This brings us back to the question: are these rules and laws being misused?

In this case, where the accused has been granted a life term sentence and the judge has written essays on the importance of cows in the sustenance of our world, it will not be wrong to observe that such a selective and irrational application of law are driven by blind religious beliefs and have no basis in rationality or science.

Cow protection is not a religious issue, and unfortunately, it is being made into one. Extremist Hindu outfits are using the issue of cow slaughter to blame and otherise the Muslim and Dalit community. As the general election approach, the extremist Hinduvta outfits are pushing their communal agenda with more strength.

A deep analysis of the cow slaughter laws in place in multiple states of India can be read here.

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Gujarat: ‘Cow Dung Protects From Atomic Radiation’, Says Local Court While Sentencing Youth to Life

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Ahmedabad/New Delhi: “Houses made of cow dung are not affected by atomic radiation. Use of gaumutra (cow urine) is a cure for many incurable diseases.” These are utterances by a local court in Gujarat, apparently to substantiate the life sentence it handed out to a man for “llegally transporting cow and its progeny for the purpose of slaughter.”

Notably, scientists have decried claims of cow dung benefits with regard to its anti-radiation properties.

A sessions court at Vyara in Tapi has held Mohammad Ameen, 22, a resident of Malegaon in Maharashtra’s Nashik district, guilty of violating the Gujarat Animal Preservation (Amendment) Act, 2017, the Prevention of Cruelty to Animals Act, 1960, the Gujarat Control of Animal Transport Order, 1975 and the Gujarat Essential Commodities and Animal Control Act, 2015 as well as the Central Motor Vehicle (Amendment) Act, 2015.

In addition to separate smaller sentences and fines that will run concurrently, he has been sentenced to “rigorous punishment to life and a fine of Rs 5 lakh” for violating Sections 5, 6 and 7 of the Gujarat Animal Preservation Act, 1954 read with Gujarat Animal Preservation Act, 2011 and sections 6 (a)(1) and 8 (2) of the Gujarat Animal Preservation (Amendment) Act, 2017.

“If he fails to pay the fine, he will have to undergo rigorous punishment of five more years,” ordered Principal District and Sessions Judge Samir Vinodchandra Vyas.

‘COW IS A LIVING PLANET’

Continuing to heap praise on the cattle, the judge said in Gujarati language, which loosely translates as: “Cow is not only an animal, but a mother. No one is as humble as a cow. A cow is the living planet of 68 crore holy places and three crore gods. The whole universe is indebted with the multiple utilities of the cow which are beyond description…. The day there is no cow slaughter, all problems of the earth will be solved and there will be well being everywhere.”

He said in the judgment that lot of lip service is paid for cow protection, but its illegal transportation and slaughter continue unabated. “It’s a matter of disgrace for a civilised society,” reads the verdict (a copy of which has been seen by this reporter).

The court stressed the need to contemplate on the “economic, social and scientific” apart from the religious and spiritual aspects of cow protection as well as slaughter.

“Mechanised abattoirs have come up, and holy cow and its progeny are being slaughtered everyday. As a result, the bovines are facing constant threat to their lives. …Seventy-five percent of the livestock has been lost. There will be a time when people will not be able to draw its sketch. The widespread slaughter of the divine animal has caused several problems that exist on earth. It is resulting in the increase in irascibility and loose temper. Therefore, the heinous act cow slaughter must be discouraged,” the court noted.

Discussing the religious importance of the animal, the judge noted Tridevis (a trinity of supreme divinity in Hinduism) are not separate from cows. The three goddess (Lakshmi, Saraswati and Parvati/Kali), notes the judgment, have emerged from Adi Gau Surabhi (the cow). The (Hindu) religion, it said, has manifested in the form of Neel Vrushabh — a bull that was born to a cow.

The cow — according to the court — is the mother of ‘Rudra’ (a Rigvedic deity associated with Shiva), daughter of ‘Vasu’ (a group of deities in Hinduism associated with fire and light) sister of ‘Aditi Putras’ (the sons of Aditi — the personification of the sprawling infinite and vast cosmos) and a treasure of ‘Dhruv Roop Amrit’ (an ancient formula of pure ingredients that provide intense nourishment to the skin).

“Cow and bull have special importance in the agricultural farming. And the foodgrains produced from natural farming, wherein cow dung is used a fertiliser, protects the human kind from various diseases,” the judge noted, explaining the material and religious importance of the cattle.

Several shlokas (verses) of Vedas have been quoted in the judgment to explain the religious and material importance of the bovine.

The judge said he is pronouncing the verdict keeping the importance of cow and merits of the case in mind.

THE CASE

As regards the case, for which the bovine benefits were cited, the prosecution said a truck, carrying 16 cows and bullocks, was spotted at a trisection between Nava (Tapi) and Ashrava (Banas Kantha) villages on July 18, 2020 at around 5:30 a.m by a police party of the Nijhar police station.

As per the oral submission of Head Constable Bipinbhai Rustambhai Chaudhari, he was night duty from 11:05 p.m on July 17 till 6 in the morning on July 18. He was accompanied by two home guards (Narendrabhai Rajeshbhai and Jigneshbhai Ravindrabhai) and driver his vehicle Dineshbhai Gangaram.

At around 3:45 a.m, while checking vehicles at the trisection, they stopped a truck. Suspecting the driver’s replies to his queries, Head Constable Chaudhari along with his subordinates went to the rear side of the vehicle to inspect.

When the tarpaulin cover of the truck was removed, they found the vehicle packed with bullocks and cows — which were tied with a short rope.

Caught “red-handed”, the truck driver, the prosecution said, taking advantage of the darkness, managed to escape. The vehicle was seized and brought to the police station. Independent and respectable witnesses and those involved in cattle rearing were called, and the truck was unloaded in their presence, it added.

Of the 12 cows and four bullocks loaded in the truck, the prosecution alleged, one bovine and one bullock had died.

“There was no cattle fodder and water in the truck, which also did not have a mandatory veterinary first aid kit. There was no soil on the floor of the truck to prevent the cattle from injuries. A veterinary officer associated with the Nijhar Veterinary Dispensary was called in for medical examination of the animals. The dead cow and bullocks were
sent for post-mortem. A panchnama (record of witness testimony) was prepared and the bovines were marked and sent to a cow shed,” said the prosecution case.

The bovines, the prosecution alleged, were being illegally transported from Gujarat to Maharashtra without required certificates issued by competent authorities.

The accused was arrested on August 27, 2020. He was identified by the head constable (main witness in the case) during the identification parade. In his oral submission, he told the court that the accused was made to get down from the truck at the time of the incident and claimed that he had seen his face in the light.

The defence arguments that the accused was not driving the truck and that the policemen had not seen him at the time of incident were rejected by the court, as the witness kept denying it.

Based on oral submissions, the court found him guilty and awarded him life imprisonment. Except the police men, there were no other independent witness at the spot when the vehicle was stopped and the accused was made to de-board the truck and slipped into darkness.

The accused was represented by the legal aid of the state government.

File: Gujarat Animal Protection (1).pdf (301 KB)

Courtesy: Newsclick

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As the police custody of Teesta Setalvad came to an end, she was presented before the Metropolitan Magistrate’s court in Ahmedabad on July 2. The court remanded her to 14-days judicial custody.

The journalist and human rights defender was, on June 26, remanded by the Metropolitan Magistrate’s court to the custody of the Ahmedabad Crime Branch. On July 2, when this remand ended, the police did not seek further remand of Setalvad, or even former Gujarat Director General of Police (DGP) RB Sreekumar. They were both granted judicial custody, which will be valid for 14-days or until bail is granted, whichever is earlier. Setalvad’s team will now apply for bail.

Till bail is granted, Setalvad will be taken to Sabarmati Jail. Given the fact that several of the Gujarat riots cases convicts, who Setalvad’s organisation Citizens for Justice and Peace (CJP) helped put behind bars, are also lodged in the same jail, Setalvad, through her advocate SM Vatsa, has moved an application before the court seeking protection within jail. She apprehends that she may face harm if protection is not granted.

Order with respect to this application has been reserved by the court. This story will be updated when the order is passed.

It is noteworthy that Mahatma Gandhi was also jailed here briefly in 1922. The vindictive State has thus, unintentionally, highlighted what’s common between the two peace-loving leaders from two different time periods – that they both believed in never backing down… no matter how powerful their opponent may be.

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On June 7, 2022, Ahmedabad’s Sessions Court rejected the anticipatory bail application filed by Filmmaker Avinash Das under Section 438 CrPC (Code of Criminal Procedure, 1973) in a case registered against him for sharing a picture of Union Home Minister Amit Shah with the recently arrested Jharkhand cadre IAS officer Pooja Singhal who was arrested by the enforcement Directorate (ED) in connection with a money laundering case.  He has also been booked for sharing a picture of a woman (who appears to be nude) wearing a tricolor.

According to the Court, posting a picture of woman wearing the national flag shows the “mental perverseness” of the filmmaker and by doing this he had insulted the Indian culture as well as evoked a feeling of hatred amongst the people of the country.

The Court is of the opinion that uploading pictures clearly suggest the “mens rea” of the applicant-accused and therefore held that a picture of the Home Minister of India with I.A.S Puja Singhal was uploaded by Das only with a view to defame the Minister. The photograph when the two were together was of the year, 2017.

The Court held that the applicant-accused uploaded the outdated picture with a view to tarnish the image of the Minister as he shared the picture despite having the knowledge that it was outdated. However, what the court failed to take note of is that the caption of the photo reportedly mentioned that the photo was taken before the IAS officer’s arrest as confirmed by the Ahmedabad Crime Branch officials.

In its order dated June 7, 2022, the court stated, “It is important to note that the present applicant-accused knows the law better than the common man and as per the application, it appears that he is a film-maker, so it is his prime duty to maintain dignity of the country and to give respect to national flag as well as Hon’ble Home Minister of India but he has willfully uploaded the same on social media.”

Equating the mere act of uploading a picture of a minister with an accused in the money laundering case with that of cyber crime, the court held, “If the applicant-accused is granted anticipatory bail then, it will accelerate the Cybercrimes in the nation and will encourage to such persons to involve in such type of offence of insulting national honour as well as insult to the country’s national symbols, including national flag as well as impair the image of Union Home Minister of India. “

On May 14, 2022, the Ahmedabad Police booked filmmaker Avinash Das allegedly for sharing a picture of Union Home Minister Amit Shah with the recently arrested Jharkhand cadre IAS officer Pooja Singhal. Singhal was arrested by the Enforcement Directorate (ED) in connection with a money laundering case. 

Das is a critically acclaimed filmmaker who made “Anaarkali of Aarah”. Now he has been booked under under IPC Section 469 IPC (Forgery for purpose of harming reputation), Section 2 of the Prevention of Insults to National Honour Act and Section 67 of Information Technology Act.

The Enforcement Directorate had arrested IAS officer Pooja Singhal on charges of money laundering. The videos of cash seized from her house by officials had also gone viral on social media.

A copy of the order may be read here: 

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