PIL in Supreme Court for action against cow vigilantes for violent acts

August 14, 2016

New Delhi, Aug 14: A petition has been filed in the Supreme Court seeking direction to the Centre and some states to take action against so-called cow vigilantes, who are allegedly spreading violence and committing atrocities against Dalits and minorities.cows

The PIL, filed by Congress activist Tehseen S Poonawalla, said the violence committed by these 'Gau Raksha' groups have reached to such proportions that even Prime Minister Narendra Modi recently declared them as people who are "destroying the society".

It alleged these groups were committing atrocities against Dalits and minorities in the name of protection of cows and other bovines and they needed to be "regulated and banned in the interest of social harmony, public morality and law and order in the country".

"The menace caused by the so-called cow protection groups is spreading fast to every nook and corner of the country and is creating disharmony among various communities and castes," the petition said.

It also sought a direction to remove the alleged "violent content" uploaded on social media and hosted by the cow protection groups.

The plea sought to declare as "unconstitutional" section 12 of the Gujarat Animal Prevention Act, 1954, Section 13 of Maharashtra Animal Prevention Act, 1976, and Section 15 of Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964, which provide for protection of persons acting in good faith under the Act or rules.

"These laws and the protection granted therewith act as a catalyst to violence perpetrated by these vigilante groups," it said.

The PIL has arrayed as parties Ministry of Home Affairs, Ministry of Agriculture and Farmers Welfare, governments of Gujarat, Maharashtra, Uttar Pradesh, Karnataka, Rajasthan and Jharkhand.

Seeking action against the vigilantes, the petition said the atrocities committed by them were punishable under various provisions of IPC and under the Scheduled Caste and Scheduled Tribes (Prevention of atrocities) Act, 1989.

It alleged that in many cases, the police and other probe agencies were either "complicit in such illegal actions or have merely been mute spectators against such evil".

The plea said the actions of these groups were in complete violation of Article 21 of the Constitution as it takes away the victims' "Right to life and personal liberty".

Comments

Dean
 - 
Sunday, 14 Aug 2016

Development My foot!
Gau Rakshak business was very lucrative untill Media exposed them. It provided jobs to several RSS criminals who are basically from OBC cast. Now headache for stingy upper cast people and thinking deep on how to feed jobless RSS criminals people.

Rikaz
 - 
Sunday, 14 Aug 2016

There shouldn't be any Gou Rakshakas....only Gou Bakshakas.....

abdullah
 - 
Sunday, 14 Aug 2016

Now Hindu brothers should understand the use and throw policy of RSS.

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Ram Puniyani
February 29,2020

Like most of the political phenomenon, even the practice of Nationalism is not a static one. It changes with the changing political equations of the political forces and assumes the expressions which are very diverse. As such the phenomenon of Nationalism has a long journey and various state policies in particular have used it for purposes which relate more to the power of the state ‘vis a vis’ its people, power of the state ‘vis a vis’ the neighboring countries among others.

In India there has been a certain change in the practices of the state which have transformed the meaning of Nationalism during last few years. Particularly with BJP, the Hindu Nationalist outfit gaining simple majority, it has unfolded the policies where one can discern the drastic change in the meaning and application of Nationalism in regard to its citizens, particularly those belonging to minority community, with regard to those who are liberal, and with those who stand with the concept of Human rights.

Our former Prime Minister of Dr. Manmohan Singh hit the nail on the head when he said that “Nationalism and the "Bharat Mata Ki Jai" slogan are being misused to construct a "militant and purely emotional" idea of India that excludes millions of residents and citizens. Former Prime Minister recently stated this in an apparent attack on the BJP.” The occasion was the release of a book, ‘Who is Bharat Mata’, edited by Purushottam Agarwal and Radhakrishna. This is a compilation of significant extracts from writings of Nehru, and important assessments of and contributions of Nehru by prominent personalities.

Dr. Singh went on to add "With an inimitable style…Nehru laid the foundation of the universities, academies and cultural institutions of Modern India. But for Nehru's leadership, independent India would not have become what it is today," This statement of Dr. Singh has great importance in contemporary times, as Nehru is being denigrated by Hindu nationalists for all the problems which India is facing today and attempts are on to undermine his role and glorifying Sardar Vallabh Bhai Patel. This is also significant as it gives us the glimpses of what Nationalism meant for Nehru.

As Singh’s statement captures the present nationalism being practiced by BJP and company, the Hindu nationalists, immediately shot back saying that Dr. Singh is supporting the anti India activities at JNU and Jamia and his party is supporting the anti India nationalists. They asked whether Singh likes the nationalism of the likes of Shashi Tharoor or Manishankar Ayer who are provoking the Shaheen Bagh protest rather than making the protestors quiet. Whether he likes the anti national protests which go on at JNU or Jamia? As per them there is no Nationalism in Congress. One more example being cited is the private visit of Shatrughan Sinha who talked to Pakistani President during his visit there recently!

Most of the arguments being used to oppose Dr. Singh are very superficial. What is being referred to; is not opposition to Indian nationalism and its central values which were the core of anti colonial struggles. While ‘Bharat Mata Ki Jai’ may not be acceptable to a section of population, even the book he was releasing has the title ‘Who is Bharat Mata’. What is being stated by Singh is the twist which slogan ‘Bharat Mata ki Jai’ has been used by Hindu nationalists to frighten the religious minorities.

Indian nation came into being on the values, which later were the foundation of Indian Constitution. Indian Constitution carefully picked up the terminology which was away from the concepts of Hindu or Muslim nationalism. That’s how the country came to be called as ‘India that is Bharat’. The freedom of expression which was the hallmark of freedom movement and it was given a pride of place in our Constitution. It respected the diversity and formulated rules where the nation was not based on particular culture, as Hindu nationalists will like us to believe, but cultural diversity was centrally recognized in the Constitution. In addition promoting good relations with neighbors and other countries of the World was also part of our principles.

JNU, Jamia and AMU are being demonized as most institutions so far regard the freedom of expression as a core part of Indian democracy. These institutions have been thriving on discussions and debates which have base in liberalism. Deliberately some slogans have been constructed to defame these institutions. While Constitution mandates good relations with neighbors, creation of ‘Anti Pakistan hysteria’ is the prime motive of many a channels and sections of other media, which are servile to the ideology of ruling Government. They also violate most of the norms of ethical journalism, where the criticism of the ruling party is an important factor to keep the ruling dispensation in toes.

A stifling atmosphere has been created during last six years. In this the Prime Minster can take a detour, land in Pakistan to have a cup of tea with Pakistan PM, but a Congress leader talking to Pakistani President is a sign of being anti National. Students taking out a march while reading the preamble of Indian Constitution are labeled as anti-national; and are stopped while those openly wielding guns near Jamia or Shaheen Bagh roam freely.

Nationalism should promote amity and love of the people; it should pave the way for growth and development. Currently the nationalism which is dominant and stalking the streets has weakened the very fraternity, which is one of the pillars of our democracy. Nehru did explain that Bharat Mata is not just our mountains, rivers and land but primarily the people who inhabit the land. Which nationalism to follow was settled during the freedom movement when Muslim nationalism and Hindu nationalism were rejected by the majority of people of India in favor of the Nationalism of Gandhi, Nehru, Patel and Maulana Azad, where minorities are equal citizens, deserving affirmative action. In today’s scenario the Hindu nationalists cannot accept any criticism of their policies.

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