Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


Amidst this pandemic, a lot of people have a lot less to do, so here resurfaces the age old discussion on 'Gaumata' Well, WE THE PEOPLE, always be in some kind of crisis and everything happens amidst that only, I don't recommend that way of living but that's a sad reality for most of us. Anyways, not getting deviated. It was in second week of June that U.P. government approved an Ordinance which amends and make more rigorous the punishment to protect cows and prevent their slaughter. So this happened, that I was watching this news channel/portal and they were talking about this issue, basically taking opinions of students or say the youthful. It begins with headlining the fact that the ban is being imposed, then a little commentary on the government inefficiency of handling the pandemic and stating this as a deviation, opens the floor for the opinions. So, it starts with one who supports the ban but when asked for his reasons wasn't able to express his ideas, then moved to second, third, fourth and so on all of them citing reasons against the ban, inter alia, 'this is completely Stupid' (was not asked for reasons) 'this is to drive a wedge between people' 'rights of minorities curtailed ' 'it is a myth that hindu cannot eat cows' 'majoritarian-ism at best' 'kill buffalo not cows because that's not our so called Hindu culture that's stupid' 'you cannot put ideas of one religion over the other' a few more on the lines of religious freedom, and 'what do you expect from ministers like these, common people don't even think of this, it's just the political classes who have nothing to provide on employment opportunities and are here to just cause problems' 'what about India being biggest exporter' with more of this & that, it ended. This prompted me to ponder upon, after watching them, I felt they were quite unaware about most of the things let alone the Amendment itself. Maybe it was just a scripted talk biased from the very start but if it is not then I wish to do this discussion. Let's outline the amendment first, Uttar Pradesh Prevention of the Cow Slaughter (Amendment) Ordinance 2020, making it more stringent as for, the first offence, a person can be given a rigorous punishment of one to seven years with a fine from Rs 1 lakh to Rs 3 lakh. In case of a second offence, the person can be given 10-year rigorous imprisonment with a fine up to Rs 5 lakhs, thus bringing amendments to the Cow Slaughter Act, 1955. If found in illegal transportation of cows and other bovines, the driver and the owner of the vehicle shall be charged under the new Act, unless proven that the transportation was done without the owner's knowledge. Owner of such vehicle who has indulged in this illegal act of transportation will have to incur the maintenance of the captured cows for one year. There also is now a provision that allows authorities to publicize pictures of the accused in their neighbourhoods or a prominent public place if they escape after committing the crime. To be very clear, the provisions amended are well thought of, be it increase in fine or the punishment as in jail time, the publication of the notice regarding the offenders, in the place where such person ordinarily resides or to some conspicuous place of such town or village and thereby circulating it, will most definitely yield deterrence. Moreover, as some people and opposition parties are stating that this publication is an infringement of rights of a person, I would like to remind them that this is not something new, in Criminal Procedure Code Section 82, deals in similar manner with such offenders who try to escape and conceal themselves. It's just that, what the State Government has done, taken an inspiration.

Moving on, I would like to take on the most vicious of all the opinions, 'it is just a myth that a Hindu cannot eat cows and it is considered sacred' I don't know how come people just are happy to believe in concocted ideas of some people and keep spewing them so confidently. Before going into scriptures, manuscripts let's look at the most common practice continued till date, I believe every house of a Hindu at the very least have seen their mother specifically making ROTI (Chapatti) the first of the lot of every meal, putting the cooked food aptly on it for the Cow. What more can be called as a significant part of a Religion, when even before your family you make and take out food for cows. Now, take any religious happening, ceremony even a श्रद्धा (shraadh) the first meal is made for the Cows. Nothing is considered ritually complete unless this holy act of compassion is done. There are festivals which are dedicated to the Cows like Pongal, Govardhan Puja, Sankranti, etc.

I would rather put it this way, no festival be completed without worshipping cows in some way or the other. Now let's talk about some documented evidences on the contention here,

The fundamentals of Hindu culture lie in the Vedas, the most ancient scriptures, readable to men, let's take a look at, some of the many references, अघ्न्या यजमानस्य पशून्पाहि (Yajurveda 1.1) 'O human! animals are 'Aghnya' – not to be killed. Protect the animals' हे मनुष्यों ! पशु अघ्न्य हैं – कभी न मारने योग्य, पशुओं की रक्षा करो ब्रीहिमत्तं यवमत्तमथो माषमथो तिलम् एष वां भागो निहितो रत्नधेयाय दान्तौ मा हिंसिष्टं पितरं मातरं च (Atharvaveda 6.140.2) 'O teeth! You eat rice, you eat barley, you eat gram and you eat sesame. These are specifically meant for you. Do not kill those who are capable of being fathers and mothers' हे दांतों की दोनों पंक्तियों ! चावल खाओ, जौ खाओ, उड़द खाओ और तिल खाओ | अनाज तुम्हारे लिए ही बनाये गए हैं | उन्हें मत मारो जो माता – पिता बनने की योग्यता रखते हैं | अनागोहत्या वै भीमा कृत्ये मा नो गामश्वं पुरुषं वधीः (Atharvaveda 10.1.29) It is definitely a great sin to kill innocents. Do not kill our cows, horses and people. निर्दोषों को मारना निश्चित ही महा पाप है | हमारे गाय, घोड़े और पुरुषों को मत मार | Enlighten me, how could there be justification of cow and other animals being killed when killing is so clearly prohibited in the Vedas? Now, from the Bhagwad Gita itself, Chapter 10.28 आयुधानामहं वज्रं धेनूनामस्मि कामधुक् । प्रजनश्चास्मि कन्दर्प: सर्पाणामस्मि वासुकि: (Gita10.28) Among weapons, I am the thunderbolt; among cows, I am the cow Kamadhenu (the cow of plenty). I am the sexual desire of procreation; among serpents, I am Vasuki. Srimad Bhagavad Gita Chapter 10 explains, how God is present in every thing and every where and every being. Different verses explain how God is present in various things/beings. इस प्रकार मुख्य-मुख्य वस्तुओं में अपनी योग शक्ति रूपी तेज़ के अंश की अभिव्यक्ति का वर्णन करके अब भगवान् यह बतला रहे हैं कि समस्त जगत् मेरी योग शक्ति के एक अंश से ही धारण किया हुआ है। अथवा बहुनैतेन किं ज्ञातेन तवार्जुन । विष्टभ्याहमिदं कृत्स्नमेकांशेन स्थितो जगत् (10.42) The interpretation of Vedic scripts demands proficiency in Vedic lexicon history and philosophy. But Western Orientalist like Max Müller and Griffith, who lived and studied in Britain, tried to interpret the Vedas with their little knowledge in Sanskrit. And, a hidden agenda of misinterpreting Vedas to alienate Indians from their cultural roots. 'kill buffalo not cows because that's not our so called Hindu culture, that's stupid' This opinion is outrageous, as because, ask any Indian he/she can tell you at the very least 10 of such animals, which are associated with the God and Hindu revere them along with the God and all this is so that there always remains a compassionate relation between the man and other beings, that was the wisdom, rationale and the intellect behind it other than the obvious. (Yajurveda 26/18) says- May all living beings look upon me as their friends and may I too treat them as my own friends? Oh God, do arrange things in such a way that all (living beings) behave with one another like true friends. (Yajurveda 16/3) says- pursue strict non-violence towards mankind and animals. (Yajurveda 40/7) says- He, who visualizes all beings as souls (and not as woman, men, children, cows, deer, peacocks, tiger's serpents etc.) in his mind, does not feel infatuation or anguish at their sight, for he experiences oneness with them. What more can I put together other than saying, 'Words To Live By' Now, 'Majoritarian-ism is at its best' or that one 'minorities rights are being curtailed' Article 48 of the Constitution says: The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle. Constitution have provisions which mandates the state to prohibit the slaughter of cows and calves. And this is from the very beginning it's not by some amendment you add something up just to appease someone, because makers knew it was encapsulated in this culture since time immemorial. Article 48 should be read with Article 37 which states very clearly that principles laid down in Part IV are fundamental in the governance of the country and it shall be the DUTY OF THE STATE to apply these principles in making laws. ARTICLE 31 C states that NO law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 14 or Article 19. One should understand this, that you cannot compare America and Bharat, for the former is a land where people came to explore the 'New World' from Europe (particularly Spain & Britain) & made colonial settlements, while the latter is a living civilization, here people have stayed from time immemorial and nurtured the philosophy of living in consonance with the nature. You dig up the land at the right places and will find a shiva'ling, or an idol sculpted with such an expertise which stood against all odds the same is prayed every day in a mandir. This ancestry is the biggest difference between us and other nations, the continuance of Dharma, the pervasive Santana Dharma.

So, understand this, in India, be it any religion, it has to and it should be in accordance with the Culture of Bharat. Previous governments didn't took any measures to ensure the safety of cows, this one wants to, so is it Unconstitutional. No, It is 100% in there jurisdiction. So now someone comes up and says, WHAT MINORITY SHOULD EAT, THE MAJORITY WILL DECIDE ? So if you are going by this, then essentially it is to say, MAJORITY HAVE TO SURRENDER THEIR CULTURE BECAUSE MINORITY WANTS TO HAVE A DINNER OUT OF IT. This minority-majority business is not going to take you anywhere good in future. Maybe some short term political benefits. As we have seen time and again, And if you think that this is a personal affair, which clearly isn't, but still, then tell me there are so many other options for you to eat, why to cling to this only. Moreover, How dare you put killing over saving, no one of you, could logically defend this. Tomorrow you will ask for genocide for some other animal as they are not any good and pious to you. So my contention is that, When you get the right to eat, what I revere, why cannot I eat that German Shepard dog of yours or that cute little Cat that you begin your day putting selfies with. And, eating beef is no Islamic Ritual, moreover it is said, Imam Suyuti in his al-Jami as-Saghir narrates that the Messenger of Allah said, 'The milk of the bovine (cow) contains healing, its fat is a medicine, and its meat a cause for sickness, while the cow's milk and fat contain cure and healing.' Abu al-Qasim Sulaiman ibn Ahmad ibn Al-Tabarani, one of the most important Hadith scholars, referred to the aforementioned Hadith as authentic, and so did Bayhaqi in his Sunan and Hakim in his Mustadrak. Prophet himself is not known to have partaken cow meat. According to well known Islamic scholars, there is no Hadith available which confirms that the Prophet in fact ate beef. Muslims should come forward and say it openly, This isn't Arabia or Alaska that we have to survive by killing animals, this is India, this is an agriculture rich land and we don't have to feed upon animals, at least begin with not killing cows, bulls, buffalo and pigeons. You see the context of this is, where the Hindus and the Muslims in India, usually tend to lose their calm would be handled forever, harmoniously. Let's play, Peekaboo with History, before I rest my case, During the First War of Independence in 1857, when Bahadur Shah `Zafar' was installed as emperor by the Hindus in Delhi for a brief period, his Hindu prime minister, on the emperor's proclamation, made cow killing a capital offence.

Even in Maharaja Ranjit Singh's kingdom, the only crime that invited capital punishment was cow slaughter. Now let's glance at some historical events in context to the Communist strong hold Kerala, where members of Indian Youth Congress a year or so in past, had publicly killed a cow and the Secretary was distributing the beef, this all barbaric act to protest against the ban on sale of cattle for slaughter. All this when there are written records which very clearly suggest otherwise, Before getting recruited into the military of the kingdom, a Nair warrior (most of the military men were from Nair community) having finished studying the art of warfare from Kalari (military school) had to take oath in front of the King to protect Brahmins and cows.

This is recorded by Duarte Barbosa, a 16th century Portuguese writer:

'The King then asks him if he will maintain the customs and rules of the other Nayres (Nairs), and he and his kinsmen respond 'Yes.' Then the King commands him to gird on his right side a sword with a red sheath, and when it is girt on he causes him to approach near to himself and his right hand on his head, saying therewith certain words which none may hear, seemingly a prayer, and then embraces him saying ' Paje Gubrantarca, that is to say ' Protect cows and Bramenes (Brahmins)' Similar oath was made by Samuthiris or Zamorins, the Nair kings of Calicut before their royal coronation, 'At Yagneswaram he is met by Vemaneheri Namputiri, a descendant of Melattur Agnihotri. The Eralped (Zamorin) gives him an ola (text), promising to protect Brahmins, temples and cows.' It is interesting to note that Aithihyamala, a 19th century work detailing many folklore and legends of Kerala also records an incident in which the famous 18th century Raja of Cochin, Rama Varma Shaktan Thampuran executed a Muslim who had killed a cow. The Raja also refused to observe Shivaratri vrata since the Muslim had killed the cow on that day. So eating beef and slaughter of cattle was unthinkable in kingdoms of Kerala. How and whence did beef eating became widespread in Kerala. Obviously, it is a later trend after communism and Abrahamic religions became popular and started having a stronghold in the decision/policy making process. 'what about India being biggest beef exporter' Now some Facts to blow your mind up, The involvement of Government in this and how it is Against Fundamental Rights of every Hindu. If we go by numbers India slaughter 100000 BUFFALOES every day for export, and wait for it,

The Government owned arm, Agricultural and Processed Food Products Export Development Authority (APEDA) Makes HALAL mandatory. All animals must be slaughtered by HALAL method in the presence of an assigned man by All India Ulema-e-hind as per Islamic Shariyat for certification. It partners with one particular Deobandi Islamic organization to ensure compliance of specified Islamic manner of slaughter done Only and Obviously by a MUSLIM. For if not by a Muslim it won't be considered halal, but haram.(forbidden by Islam) If this doesn't makes you worried and unhappy then let's go a little further, Nearly half of Indian buffalo meat goes to Vietnam which has really no Muslims, Thailand and Philippines with 5-6 percent Muslims in their population are also among major importers. Choice of Halal is of APEDA, not of the buyers. So when great minds of secular rhetoric lovers come and cater you with their stupid logics don't just stand there doing हां-हां, अरे ये तो, अरे वो तो, speak up and slap some facts right on their faces.

Hindu way of slaughter is 'JHATKA' which is done in one strike relieving the pain at once (such as by a single strike of a sword or axe to sever the head. The animal must not be scared or shaken in any way before the slaughter) unlike halal which keep the animal in agonizing pain by just making a cut at the jugular vein and windpipe, as they give a prayer. So, all you meat-eating Hindus do the very least ask for JHATKA MEAT, GO ONLY TO THOSE BUTCHER SHOPS WHICH PROVIDE JHATKA, AND YES, KFC MCDONALDS AND OTHERS DON'T PROVIDE JHATKA, THEY FEED HALAL.(meaning of halal: Permissible, according to Muslim religious customs, to have or do) Don't anywhere get this idea that I'm promoting butcher shops of Hindu but definitely I promote slaughter by JHATKA, and again, If you wish to eat the Islam certified meat, go do that with all means, just do it consciously, but before you go I would like to reiterate, Government of India and other small or a major outlets give you Halal meat. Thereby, In a Very Subtle Way State itself Discriminates against the Hindu butcher community, their right to do business is curtailed, for they cannot get a Certificate, just because they're not Muslims.

This very act of discrimination, done only on the grounds of religion, amongst its own citizens, itself is nothing less than a STATE SPONSORED CRIME OF DISCRIMINATION. I'm not writing a Conclusion for this, as there is a lot left to say and even more to do. Vande Matram!

SOURCES:

1. https://www.dailyo.in/lite/politics/beef-cow-slaughter-dadri-murder-vedas-bhagavad-gita-hindutva-hinduism/story/1/7111.html

2. https://stephenknapp.info/importance_of_the_cow_in_vedic_culture.htm

3. http://indiafacts.org/the-myth-of-beef-eating-hindu/

4. https://www.google.com/url?sa=t&source=web&rct=j&url=https://mobile.twitter.com/sangamtalks/status/1274265839970238464&ved=2ahUKEwicoImMwuvqAhWy8HMBHeBCB0gQFjAEegQIBxAB&usg=AOvVaw1HEDAlk4PuCqAueKXKJxHb


"Loved reading this piece by shrivardhan?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Constitutional Law, Other Articles by - shrivardhan 



Comments


update