The Rajasthan High Court on Wednesday recommended that the state government regard the cow a “legal entity”, and declare it a national animal by making a representation to the Centre.
The court also asked the state government to enhance the punishment for cow slaughter to life imprisonment from three years’ jail.
A single judge bench of Justice Mahesh Chandra Sharma passed the directive on a public interest litigation on the death of more than 500 cows at a government-run shelter at Hingonia near Jaipur.
The order also recommended the appointment of the state chief secretary and advocate general as “persons in Loco Parentis” to ensure cow conservation and breeding.
The order also said that the chief secretary and advocate general must take steps to get the directions implemented.
In an unusual move, Justice Sharma, who retired from service later in the day, told the media that India should follow Nepal’s example and declare the cow a national animal.
“If Nepal, a Hindu nation, can do it, why can’t India make cow its national animal? All the 20 recommendations that I pronounced today in the court are the ‘voice of my soul’,” Justice Sharma said.
The court also directed the state government to include a provision of life imprisonment in the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
In his 139-page order, the judge stated that India is a predominantly agricultural economy based on animal rearing. According to Article 48 and 51A (g), the state government is expected to take action to get legal entity status for the cow.
The court’s recommendations came a day after Chief Minister Vasundhara Raje stressed that firm action would be taken against those behind violent crimes, including cow vigilantes.
Speaking for the government, Additional Advocate General A S Gill, who attended the compliance meeting in the court, told the media, “These are only recommendations; we will read all 20 points and decide on which can be implemented.”
Poonam Chand Bhandari, who had filed the plea, found the directives shocking. “The plea was regarding the mismanagement by the state government. But none of the directives answer those questions,” he told DH.
The order came while the court was hearing the Hingonia Gaushala matter, a BJP government-owned cow shelter some 35 km from Jaipur, where thousands of cows had perished in 2016.
Taking note of the incident, the Jaipur mayor was asked to resign, and fresh elections were held in October last. Initial probe revealed negligence by government officials at the shelter.
Peacock, national bird
In a surprising observation, Justice Sharma, while explaining why the cow deserves to be given the national animal tag like the peacock, the national bird of India, told a TV channel: “The peacock is a pious bird as it maintains celibacy and does not have sex with the peahen. In this case, the peahen gives birth after it gets impregnated with the tears of the peacock and that is how a peacock or a peahen is born.”
Earlier instances
The recommendation comes two months after two incidents of cow vigilantism stirred the state. In the first, a gau rakshak attacked a hotel owner and staff in Jaipur for reportedly selling beef. But the forensic science laboratory report proved that the meat was chicken.
In the second case, vigilantes attacked a 55-year-old cattle trader, Pehlu Khan, and four others in Alwar. Pehlu Khan died, while his companions were injured.