Punjab-Haryana HC: Cow’s Unique Status Linked to Peace and Harmony

Quick Summary

• The Punjab and Haryana High Court dismissed anticipatory bail for a man, asif, accused of transporting cows for slaughter under the Haryana Gauvansh Sanrakshan Act, 2015, and the Prevention of Cruelty to Animals Act, 1960.
• Justice Sandeep Moudgil emphasized the cultural and emotional sensitivity surrounding cow-related offences in India.
• The court highlighted that such acts could disrupt public peace in a pluralistic society by offending deeply held beliefs of many.
• Asif had prior allegations under similar charges in three previous FIRs. The court noted that he misused bail granted earlier.
• Anticipatory bail was denied based on repeated infractions and the need for custodial interrogation to ensure fair inquiry.
• Article 51A(g) of the Constitution was cited by the court to affirm citizens’ duties towards compassion for living creatures.
• Reference was made to a 2005 Supreme Court ruling upholding constitutional directives on cow protection laws (State of Gujarat vs Mirzapur moti Kureshi Kassab Jamat).

Indian Opinion Analysis

The Punjab and Haryana High Court’s decision reflects legal acknowledgment of cultural sensitivities surrounding cows in India while balancing constitutional principles like communal harmony. By denying anticipatory bail based on habitual offences and misuse of earlier judicial trust, the judgment asserts that legal leniency must not enable recidivism or disrupt social order rooted in shared values.

the case also underscores ongoing tensions between individual liberties versus societal norms within India’s pluralistic framework. with references made to past precedent (2005 SC Judgment),this ruling highlights how courts navigate issues imbued with both emotional connotations and legal imperatives tied to national ethos.

Read more at The Hindu