Ahmedabad/New Delhi: “Houses made of cow dung are not affected by atomic radiation. Use of gaumutra (cow urine) is a cure for many incurable diseases.” These are utterances by a local court in Gujarat, apparently to substantiate the life sentence it handed out to a man for “llegally transporting cow and its progeny for the purpose of slaughter.”

Notably, scientists have decried claims of cow dung benefits with regard to its anti-radiation properties.

A sessions court at Vyara in Tapi has held Mohammad Ameen, 22, a resident of Malegaon in Maharashtra’s Nashik district, guilty of violating the Gujarat Animal Preservation (Amendment) Act, 2017, the Prevention of Cruelty to Animals Act, 1960, the Gujarat Control of Animal Transport Order, 1975 and the Gujarat Essential Commodities and Animal Control Act, 2015 as well as the Central Motor Vehicle (Amendment) Act, 2015.

In addition to separate smaller sentences and fines that will run concurrently, he has been sentenced to “rigorous punishment to life and a fine of Rs 5 lakh” for violating Sections 5, 6 and 7 of the Gujarat Animal Preservation Act, 1954 read with Gujarat Animal Preservation Act, 2011 and sections 6 (a)(1) and 8 (2) of the Gujarat Animal Preservation (Amendment) Act, 2017.

“If he fails to pay the fine, he will have to undergo rigorous punishment of five more years,” ordered Principal District and Sessions Judge Samir Vinodchandra Vyas.

‘COW IS A LIVING PLANET’

Continuing to heap praise on the cattle, the judge said in Gujarati language, which loosely translates as: “Cow is not only an animal, but a mother. No one is as humble as a cow. A cow is the living planet of 68 crore holy places and three crore gods. The whole universe is indebted with the multiple utilities of the cow which are beyond description.... The day there is no cow slaughter, all problems of the earth will be solved and there will be well being everywhere.”

He said in the judgment that lot of lip service is paid for cow protection, but its illegal transportation and slaughter continue unabated. “It’s a matter of disgrace for a civilised society,” reads the verdict (a copy of which has been seen by this reporter).

The court stressed the need to contemplate on the “economic, social and scientific” apart from the religious and spiritual aspects of cow protection as well as slaughter.

“Mechanised abattoirs have come up, and holy cow and its progeny are being slaughtered everyday. As a result, the bovines are facing constant threat to their lives. ...Seventy-five percent of the livestock has been lost. There will be a time when people will not be able to draw its sketch. The widespread slaughter of the divine animal has caused several problems that exist on earth. It is resulting in the increase in irascibility and loose temper. Therefore, the heinous act cow slaughter must be discouraged,” the court noted.

Discussing the religious importance of the animal, the judge noted Tridevis (a trinity of supreme divinity in Hinduism) are not separate from cows. The three goddess (Lakshmi, Saraswati and Parvati/Kali), notes the judgment, have emerged from Adi Gau Surabhi (the cow). The (Hindu) religion, it said, has manifested in the form of Neel Vrushabh — a bull that was born to a cow.

The cow — according to the court — is the mother of ‘Rudra’ (a Rigvedic deity associated with Shiva), daughter of ‘Vasu’ (a group of deities in Hinduism associated with fire and light) sister of ‘Aditi Putras’ (the sons of Aditi — the personification of the sprawling infinite and vast cosmos) and a treasure of ‘Dhruv Roop Amrit’ (an ancient formula of pure ingredients that provide intense nourishment to the skin).

“Cow and bull have special importance in the agricultural farming. And the foodgrains produced from natural farming, wherein cow dung is used a fertiliser, protects the human kind from various diseases,” the judge noted, explaining the material and religious importance of the cattle.

Several shlokas (verses) of Vedas have been quoted in the judgment to explain the religious and material importance of the bovine.

The judge said he is pronouncing the verdict keeping the importance of cow and merits of the case in mind.

THE CASE

As regards the case, for which the bovine benefits were cited, the prosecution said a truck, carrying 16 cows and bullocks, was spotted at a trisection between Nava (Tapi) and Ashrava (Banas Kantha) villages on July 18, 2020 at around 5:30 a.m by a police party of the Nijhar police station.

As per the oral submission of Head Constable Bipinbhai Rustambhai Chaudhari, he was night duty from 11:05 p.m on July 17 till 6 in the morning on July 18. He was accompanied by two home guards (Narendrabhai Rajeshbhai and Jigneshbhai Ravindrabhai) and driver his vehicle Dineshbhai Gangaram.

At around 3:45 a.m, while checking vehicles at the trisection, they stopped a truck. Suspecting the driver’s replies to his queries, Head Constable Chaudhari along with his subordinates went to the rear side of the vehicle to inspect.

When the tarpaulin cover of the truck was removed, they found the vehicle packed with bullocks and cows — which were tied with a short rope.

Caught “red-handed”, the truck driver, the prosecution said, taking advantage of the darkness, managed to escape. The vehicle was seized and brought to the police station. Independent and respectable witnesses and those involved in cattle rearing were called, and the truck was unloaded in their presence, it added.

Of the 12 cows and four bullocks loaded in the truck, the prosecution alleged, one bovine and one bullock had died.

“There was no cattle fodder and water in the truck, which also did not have a mandatory veterinary first aid kit. There was no soil on the floor of the truck to prevent the cattle from injuries. A veterinary officer associated with the Nijhar Veterinary Dispensary was called in for medical examination of the animals. The dead cow and bullocks were
sent for post-mortem. A panchnama (record of witness testimony) was prepared and the bovines were marked and sent to a cow shed,” said the prosecution case.

The bovines, the prosecution alleged, were being illegally transported from Gujarat to Maharashtra without required certificates issued by competent authorities.

The accused was arrested on August 27, 2020. He was identified by the head constable (main witness in the case) during the identification parade. In his oral submission, he told the court that the accused was made to get down from the truck at the time of the incident and claimed that he had seen his face in the light.

The defence arguments that the accused was not driving the truck and that the policemen had not seen him at the time of incident were rejected by the court, as the witness kept denying it.

Based on oral submissions, the court found him guilty and awarded him life imprisonment. Except the police men, there were no other independent witness at the spot when the vehicle was stopped and the accused was made to de-board the truck and slipped into darkness.

The accused was represented by the legal aid of the state government.

File: Gujarat Animal Protection (1).pdf (301 KB)

Courtesy: Newsclick