Issue of Ban on Slaughter of Cows is Beyond The Domain of Judicial Decision Making

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In case of Sadh Foundation v. Union of India decided by Delhi High Court on 17 December 2015 presided by a two judge bench of Chief Justice G. Rohini and Justice Rajiv Sahai Endlaw refused to entertain the petition filled by NGO Sadh foundation. The PIL was filled in order to seek direction from court to prohibit cow slaughtering and to make arrangements so that maximum environmental and economic benefits from the cow to mankind may be provided. The court however termed the plea as being without any merit. The Court regarded the issue to be totally in the domain of legislature and further relying on the decision of Supreme Court in the case of Bal Ram Bali v. Union of India, (2007) 6 SCC 805 where it was held that the court cannot issue any direction for ban on slaughter of cows as it is a matter of policy on which decision has to be taken by the government, decided to respect the power of separation and dismissed the PIL.

Cow in India though is treated as a holy animal and is given dominant position in various Hindu mythological texts but Delhi High court by giving such decision has highlighted a very important fact that India is not a Hindu nation but a nation with a population consisting of Muslims, Parsis, Christians and other religious groups. India is said to be unique in itself because of its vast diversity, multiplicity of peoples and tolerance. Mahatama Gandhi was against the ban on slaughtering of cow because of the same fact and once he said:- “In India, no law can be made to ban cow slaughter. I do not doubt that Hindus are forbidden the slaughter of cows. I have been long pledged to serve the cow. But how can my religion also be the religion of the rest of the Indians? It will mean coercion against those Indians who are not Hindus.” Hence, the decision of the Hon’ble High Court is very much in favour of the nation rather Hinduism.

Editor’s note: As the author speaks of various judgments in his write-up, it is pertinent to note here that only one of these judgments is the decision of Hon’ble Supreme Court and the others are of Delhi High Court. The author is needed to make further research as to whether the said orders have been challenged before the Apex Court.. The author failed to mention details of the cases which he has mentioned and for basic understanding it is needed that a brief summary of the case must be annexed with the given write-up.

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