The Punjab and Haryana high court on Wednesday sought response from the Haryana government on a petition challenging the constitutional validity of Sections 16 and 17 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, which petition alleged that the law unlawfully delegated coercive sovereign powers to private individuals and vigilante groups.
The petition has been filed by National Federation of Indian Women, a Delhi based group through advocate Arjun Sheoran. The high court bench of chief justice Sheel Nagu and justice Sanjiv Berry has sought response by January 14.
As per the plea, the impugned provisions permitted “any person authorised by the government” to exercise powers of search, seizure and prosecution, without laying down any qualifications, safeguards or accountability mechanisms.
It claimed the move was arbitrary and violative of Articles 14 and 21,” as it enables “private individuals and vigilante groups to exercise coercive state functions, threatening personal liberty and the rule of law.” Demanding that Sections 16 and 17 of the 2015 Act be declared unconstitutional as these are arbitrary, vague and unreasonable, the plea further said that state be directed to take immediate action against the cow vigilante groups and further state be directed to confine these powers to only officers of the state.
“The impugned provisions have enabled the systematic rise of cow vigilantism across Haryana and elsewhere where several self-styled gaurakshaks, cow vigilantes, who have emerged now armed with the authority of law to abuse persons they find to be “guilty” of cow smuggling or slaughter,” the plea said giving examples of many such self-styled rakshaks, who are openly sharing photos and videos of their attacks on social media against alleged smugglers.
{{/usCountry}}“The impugned provisions have enabled the systematic rise of cow vigilantism across Haryana and elsewhere where several self-styled gaurakshaks, cow vigilantes, who have emerged now armed with the authority of law to abuse persons they find to be “guilty” of cow smuggling or slaughter,” the plea said giving examples of many such self-styled rakshaks, who are openly sharing photos and videos of their attacks on social media against alleged smugglers.
{{/usCountry}}As a result of the illegal excessive delegation of powers by the state to several rakshak samitis, they are openly spreading communal hatred by demonising minorities while purportedly acting with the authority of law.