A petition has been filed in the Supreme Court seeking action against “cow vigilantes” and to pull down violent content uploaded on social media by such groups..The petition, filed by one Tehseen Poonawalla, has six States arraigned as respondents besides the Union government as they have laws which enable cow protection groups to carry out their acts under the garb of law enforcement. The six States are Karnataka, Uttar Pradesh, Gujarat, Maharashtra, Rajasthan and Jharkhand..In the petition, a copy of which is with Bar & Bench, the petitioner has cited numerous instances of attacks by cow protection groups on Dalits, minorities and other people in the “name of protection of cow and other bovine species”..Poonawalla has contended that the,.“menace caused by the so called Cow Protection Groups is spreading fast to every nook and corner of the Country and is creating disharmony among various communities and castes.”.He has then cited various statutes which enables cow protection groups carry on their activities..“The Gujarat Animal Prevention Act, 1956 provides that all persons exercising powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. It further provides that no suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. These provisions are mutatis mutandis with the Maharashtra Animal Prevention Act, 1956 as well as with the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964..…the Gujarat Animal Prevention (Amendment) Rules, 2011 provide that the authorized person will also include Office bearers of Panjarapol, Infirmaries, Gaushala, Society for prevention of cruelty to animals (SPCA) and Animal Welfare Organization....Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001provides for establishment of Society for Prevention of Cruelty to Animals and gives it the power of search and seizure of animals as well as license of the concerned persons.”.Poonawalla has submitted that the above-mentioned laws and the protection granted by them act as a catalyst to violence perpetrated by these groups..He has also referred to Supreme Court’s decision in Nandini Sundar v. State of Chhattisgarh [(2011) 7 SCC 547] contending that the Supreme Court had directed that such cow protection groups be disbanded..He then refers to Prime Minister Narendra Modi’s remarks on cow vigilantes..“The violence committed by the so called Gau Raksha groups have reached to such proportions that even the Hon’ble Prime Minister has declared them as people who are destroying the society..These vigilantes groups are operating beyond the realm of law and are known to take law in their hands. The atrocities committed by these vigilantes groups are punishable under various provisions of IPC as well as under Schedule Caste and Scheduled Tribes (Prevention of atrocities) Act, 1989.”.Poonawalla has also alleged that the police and other law enforcement agencies are either complicit with the cow vigilantes or remain mute spectators. Contending violation of Articles 21 and 19(1)(g) Poonawalla has prayed for the following:.“Issue a writ of Mandamus directing the Respondent State Governments to take immediate and necessary actions against the Cow Protection Groups indulging in violence;.Issue a writ of mandamus or any other writ or direction to remove the violent content from the Social Media uploaded and hosted by these Cow Protection Groups;.Issue a writ of certiorari or any other writ or direction to hold Section 12 of the Gujarat Animal Prevention Act, 1954, Section 13 of Maharashtra Animal Prevention Act, 1976, Section 15 of Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 as Unconstitutional.”
A petition has been filed in the Supreme Court seeking action against “cow vigilantes” and to pull down violent content uploaded on social media by such groups..The petition, filed by one Tehseen Poonawalla, has six States arraigned as respondents besides the Union government as they have laws which enable cow protection groups to carry out their acts under the garb of law enforcement. The six States are Karnataka, Uttar Pradesh, Gujarat, Maharashtra, Rajasthan and Jharkhand..In the petition, a copy of which is with Bar & Bench, the petitioner has cited numerous instances of attacks by cow protection groups on Dalits, minorities and other people in the “name of protection of cow and other bovine species”..Poonawalla has contended that the,.“menace caused by the so called Cow Protection Groups is spreading fast to every nook and corner of the Country and is creating disharmony among various communities and castes.”.He has then cited various statutes which enables cow protection groups carry on their activities..“The Gujarat Animal Prevention Act, 1956 provides that all persons exercising powers under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. It further provides that no suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. These provisions are mutatis mutandis with the Maharashtra Animal Prevention Act, 1956 as well as with the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964..…the Gujarat Animal Prevention (Amendment) Rules, 2011 provide that the authorized person will also include Office bearers of Panjarapol, Infirmaries, Gaushala, Society for prevention of cruelty to animals (SPCA) and Animal Welfare Organization....Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001provides for establishment of Society for Prevention of Cruelty to Animals and gives it the power of search and seizure of animals as well as license of the concerned persons.”.Poonawalla has submitted that the above-mentioned laws and the protection granted by them act as a catalyst to violence perpetrated by these groups..He has also referred to Supreme Court’s decision in Nandini Sundar v. State of Chhattisgarh [(2011) 7 SCC 547] contending that the Supreme Court had directed that such cow protection groups be disbanded..He then refers to Prime Minister Narendra Modi’s remarks on cow vigilantes..“The violence committed by the so called Gau Raksha groups have reached to such proportions that even the Hon’ble Prime Minister has declared them as people who are destroying the society..These vigilantes groups are operating beyond the realm of law and are known to take law in their hands. The atrocities committed by these vigilantes groups are punishable under various provisions of IPC as well as under Schedule Caste and Scheduled Tribes (Prevention of atrocities) Act, 1989.”.Poonawalla has also alleged that the police and other law enforcement agencies are either complicit with the cow vigilantes or remain mute spectators. Contending violation of Articles 21 and 19(1)(g) Poonawalla has prayed for the following:.“Issue a writ of Mandamus directing the Respondent State Governments to take immediate and necessary actions against the Cow Protection Groups indulging in violence;.Issue a writ of mandamus or any other writ or direction to remove the violent content from the Social Media uploaded and hosted by these Cow Protection Groups;.Issue a writ of certiorari or any other writ or direction to hold Section 12 of the Gujarat Animal Prevention Act, 1954, Section 13 of Maharashtra Animal Prevention Act, 1976, Section 15 of Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 as Unconstitutional.”
