SC allows petitioners against Haryana’s cow protection law to approach HC

The petition was filed by seven villagers staying in the Mewat region who felt victimised by the 2015 law passed by the Haryana Assembly which seeks to protect and preserve cows in the state

The Supreme Court on Monday permitted a petition challenging the Haryana’s cow protection law to be filed before the Punjab and Haryana high court.

The petitioners were aggrieved by Sections 16 and 17 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015. (Representative file image)

The petition was filed by seven villagers staying in the Mewat region who felt victimised by the 2015 law passed by the Haryana Assembly which seeks to protect and preserve cows in the state.

They were aggrieved by Sections 16 and 17 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 which allowed the police or “any person authorised by the government” to stop, search and seize bovine animals intended for slaughter.

Senior advocate Kapil Sibal appearing for the petitioner along with advocate MR Shamshad said, “Everyday killings are happening. There have been murders and violence by vigilante groups from 2015 onwards in the Mewat region falling in Haryana and Rajasthan. This cannot go on. How do you hand over police powers to ordinary citizens referred as ‘gau rakshaks’ (protectors of cow).”

The bench of justices BR Gavai and JB Pardiwala asked Sibal, “Is high court not empowered to deal with this issue under Article 226 of the Constitution. That power is wider.”

Sibal said that the problem involves two states and laws operating in Rajasthan as well.

He referred to Section 12-A of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 which creates a bar on slaughter of bovine animals.

“What is happening is that persons are being caught in Rajasthan and brought to Haryana. This Court must protect individual liberties”, he said.

The petition said, “Passing of the 2015 Act read with the Rajasthan Act of 1995 has made the entire Mewat region vulnerable as the non-state actors got legal sanctions to take law and order into their own hands and lynch and attack Muslims in the area in the name of cow protection.”

It further added, “The 1995 Act and 2015 Act have institutionalised and weaponised the anti-Muslim violence and propaganda narrative in view of the arbitrary police powers to non-state actors and volunteers.”

The bench told Sibal that it was not inclined to entertain the petition.

While parting with the petition, the bench added in the order, “The petitioner is at liberty to avail of the remedy under Article 226 of the Constitution.”