What is the anti-cow slaughter law of UP and why did the High Court comment on this

Posted on 28th Oct 2020 by rohit kumar

The Allahabad High Court, while hearing a case this week, has questioned the use of anti-cow slaughter law in Uttar Pradesh. The court has said that this law is being used against the innocent, while the law should be used in the spirit contained therein.

 

During the hearing on the bail application of one of the accused arrested under the cow slaughter law, Justice Siddharth said, "The law is being used against innocents. Wherever meat is found, it is disclosed to cow meat without being tested in a forensic lab. Goes. In most cases, the meat is not even sent for trial. The accused remain in jail for a crime that may or may not have happened. "

 

The bail order states that when the cows are shown seized, no recovery memo is prepared and no one knows where the cows go after recovery.

 

Expressing concern over the poor condition of the bovine, the High Court said that cowsheds do not accept non-milch cows and old cows. They are left to wander the streets. There is also a danger for those who pass through cows and cattle on the road.

 

The court said, "For fear of the local people and the police, they cannot be taken out of the state either. The pasture is no longer there. In such a situation these animals wander here and destroy crops."

 

The petitioner Rahmuddin appealed to the court in this case that he was arrested without any special charge. According to the petitioner, his arrest was not even from the spot, and even after the arrest, the police did not try to know whether the person who was arrested was beef or not.

 

10-year sentence for cow slaughter

 

The Uttar Pradesh government approved a proposal to amend it in June during lockdown to make the cow slaughter law more strong and an ordinance was issued. Later on 22 August, during a brief session of the Legislative Assembly, this Ordinance was also passed by both the Houses.

 

Under this, a cow can be punished for up to 10 years and a fine of 3 to 5 lakh rupees in UP. Apart from this, breach of organs of the cow dynasty will attract a jail term of 7 years and a fine of up to 3 lakh.

 

While issuing the ordinance, the state's Additional Chief Secretary, Home, Avnish Awasthi had said that the objective of the ordinance is to make the Uttar Pradesh Govt Prevention Act, 1955 more organized and effective and to completely stop the crimes related to the protection of cattle and cattle To apply.

 

The Uttar Pradesh Govt Prevention Act, 1955, came into force on January 6 in the year 1956 and its rules were made in the same year. So far, this law has been amended four times, and the rule twice. The government says that the new amendment will enable the conservation and preservation of bovine animals effectively and will also help in curbing irregular transportation of bovine animals.

 

Action also under Gangster Act

 

The BJP government in UP has been making all efforts since the beginning to curb cow slaughter in the state and has been very strict about cows moving in the open. The government has also ordered the construction of cowsheds in every district. Despite this, a large number of cows and other animals do not just roam on the streets, but even in the cowsheds, there are reports of cows dying of hunger and disease.

 

To curb cow slaughter, the government has also tightened the rules and in the amended law, a lot of strictness has been taken. The first time there is a provision for imprisonment of 3 to 10 years and a fine ranging from 3 lakh to 5 lakh rupees for proving charges of cow murder, while the second time it will have to face both the fine and the punishment. Not only this, but a provision has also been made to seize action and property under the Gangster Act for committing this crime for the second time.

 

The government has also taken action under a large number of national security laws on charges of cow slaughter. According to the data released by the government last month, the national security law has been used in most cases of cow slaughter in Uttar Pradesh.

 

More than 1700 cases in a year

 

According to the state's Additional Chief Secretary (Home) Avnish Kumar Awasthi, till August this year, UP Police has imposed NSA against 139 people in the state, out of which 76 cases are related to cow slaughter.

 

Regarding the action under the NSA in such a large number of cases of cow slaughter, Avnish Kumar Awasthi says that this has happened due to strictness in the cow slaughter law and most of the cases have also been approved by the High Court.

 

In an interview with the BBC, Avnish Awasthi says, "The case of cow slaughter is very sensitive. Because of this, all the problems arise. So the government has taken very strict steps. The law has also been strict and took strict action in such cases. Gone. Riots are not happening anywhere today. This is the result of all that. "

 

In addition to the NSA in cases of cow slaughter, more than 1700 cases have been registered and more than four thousand people have been arrested so far this year under the Uttar Pradesh Prevention of Cow slaughter Act. However, due to the inability to gather evidence against the accused, the police have also filed a closure report in 32 cases.