A Single-judge Bench of the Allahabad High Court recently observed that The U.P. Prevention of Cow Slaughter Act of 1955 is often misused against innocent people and accused persons remain incarcerated for offenses that may not have been committed at all.
Observations of the Court
· In most of the cases, meat is not sent for analysis. Accused persons continue in jail for an offense that may not have been committed at all and which is triable by Magistrate Ist Class, having a maximum sentence up to 7 years.
· Whenever cows are shown to be recovered, no proper recovery memo is prepared and one does not know where cows go after recovery. Goshalas do not accept the non-milching cows or old cows and they are left to wander on the roads.
· In the rural areas cattle owners who are unable to feed their livestock, abandon them. They cannot be transported outside the State for fear of locals and police. There are no pastures now. Thus, these animals wander here and there destroying the crops. Earlier, farmers were afraid of 'Neelgai' (Vanroj an antelope) now they have to save their crops from the stray cows. Whether cows are on roads or on fields their abandonment adversely affects society in a big way. Some way out has to be found out to keep them either in the cow shelters or with the owners if the U.P. Prevention of Cow Slaughter Act is to be implemented in letter and spirit.
U.P. Prevention of Cow Slaughter Act, 1955
This act prohibits the Cow Slaughtering, sale of beef, regulation on the transport of bovine animals, and establishment of Gaushalas and gives Power to legislation to make rules regarding this issue.
Section 5 of this Act states If someone puts the life of a cow in danger by not providing food and water with the intention of endangering their life, rigorous imprisonment may be awarded for at least 1 year, which may extend to 7 years.
Cow-Slaughter Prevention (Amendment 2020, Ordinance)
This ordinance makes offenses related to cow slaughtering and other bovine animals more stringent. The proposed law has also inserted a penal provision of Imprisonment of up to 7 years for physical damage to the cow, and fine up to Rs 3 lakh in cases related to cow slaughter.