RAJASTHAN HIGH COURT ASKS TO DECLARE COW AS NATIONAL ANIMAL

By: Shriya Paruthi[1]

Rajasthan High Court Justice Mahesh Chandra passed the directions which make a cow the national animal before one day of his retirement and there is no such precedent till date. The direction has been in issued in the civil writ petition which was filed by the Jago Janta Society as they want to save cows of Jaipur’s Hingonia gaushala and other cow sheds and to provide proper food to the cattle. The reason behind this petition is that there was an survey which found that fifteen to twenty cows die in the gaushala daily.

The directions passed by the Justice are the following:

• Nepal is also a Hindu state and their national animal is cow. Likewise, India is also a Hindu state and agriculture and animal husbandry are important in the Indian economy. According to articles 48 and 51A (g) of the Constitution of India which provide cow a legal entity which expected to be a national animal.
• The Chief Secretary and the Advocate General will take appropriate steps to communicate High Court decision to the respective department of the Central government.
• Director or Chief of Anti-Corruption Bureau of the state of Rajasthan will conduct an inquiry on the allegations with regard to Hingonia gaushala. If someone found guilty than an FIR will be registered against him and the same report will be presented in the court.

• The state government or municipality has to check that there is no shortage of funds in the gaushala.
• The state government of Rajasthan should increase the punishment to life imprisonment which is related to cow slaughter under the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
• The state government of Rajasthan should provide appropriate funds for the construction of a boundary walls, new cow sheds, storage of cattle feed, construction of storage house, water, electricity, telephone, biogas plant which was in report of Hare Krishna Movement, Jaipur.
• State government of Rajasthan should monitor the funds of gaushala.
• State government of Rajasthan and municipality to support the Hare Krishna Movement in the improvement and development of the gaushala.

• If Hare Krishna Movement faces any difficulty in regard with encroachments on the land then they can file an application before the Commissioner, Jaipur Development Authority or with the Municipality.
• Forest Department should plant five thousands every year and maintain them. Trees should be planted in the Hingonia gaushala.
• If there is an incorrect entry in revenue record with regard to the land for Hingonia gaushala is rectified. The development should be according to the DPR.
• All the parties should comply with the direction of the High Court which was issued on 16^th of March, 2012.
• Any person can file public interest litigation or petition before the High Court for declaration of caw as the national animal.
• State government of Rajasthan should take necessary action against any person who fails to discharge any responsibility towards Hingonia gaushala.
• If there is any problem in Gaushala than to overcome with those problem the court had directed the Jaipur Development Authority Commissioner, CEO Jaipur Municipal Corporation, and UDH Secretary to visit the gaushala once in the month.
• The court commissioner and other advocate who monitored Hingonia gaushala find any indiscipline or shortcoming they can state the same in writing to the authority concerned who may take action to solve the problem within the fifteen days.
•  Arrangements should be made to operate upon bind cows, if there is any infrastructural requirement then the same must be fulfilled within the fifteen days.
• Deputy Registrar is directed to provide a copy of this free of costs to all advocate which are related to the case.[2]

END NOTES

[1] B.A.L.L.B, Energy Laws, 2^nd year, College of Legal Studies, UPES.

[2] Nitish Kashyap, Declare Cow a National Animal: Rajasthan High Court judge passes unprecedented directions one day before retirement, (3^rd June, 2017, 12:00 pm)http://www.livelaw.in/declare-cow-national-animal-rajasthan-hc-judge-passes-unprecedented-directions-one-day-retirement/