State defends in SC its law granting protection to Gau Rakshaks

 The Karnataka government has defended before the Supreme Court its law granting protection to ‘Gau Rakshaks’ for prevention of cow slaughter.

It, however, maintained that the act done only in “good faith” was protected under the law and not any violent or criminal activities bringing disharmony between communities.

The Congress government opposed before the court a PIL filed by Robert Vadra's kin and activist Tehseen Poonawalla, seeking immediate action against cow protection groups indulging in violence and resorting to killings at several places across the country.

The PIL filed by Poonawalla and others sought direction to hold Section 15 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964, unconstitutional.

“The embargo of institution of suits, prosecution or other proceedings against the competent authority or any person (called as Gau Rakshak) exercising power under the said Act is for anything done or intended to be done honestly,” the affidavit filed by Department of Animal Husbandry and Veterinary Services stated.

“The said provision nowhere protects illegal and criminal act of any person, much less the competent authority or any person exercising power under the Act,” it maintained.

The state government further said the law was enacted with a view to provide for prevention of slaughter of cows, calves of cows and buffaloes and for preservation of other cattle in the state.

Section 3 of the Act provided for appointment of competent authority which included a person or body of persons to perform the functions of the competent authority under the Act.

“The language employed in Section 15 clearly shows that the action of competent authority or any person is only protected and the said provision is not available to any society, association or institution established by a body of persons for taking care of cows and other animals,” it said.

“If persons, who are members of such societies, association or institution or vigilante groups and indulges in violence creating disharmony among various communities and castes taking law into their own hands and committing atrocities on the innocent people, protection under Section 15 was not available for such people,” the affidavit stated.

The state government also asserted that it has taken stringent action strictly in accordance with law against those culprits who indulged in criminal activities.

“In fact, two such incidents have occurred in Karnataka in Dakshina Kannada and Udupi districts and except that no other incident took place,” it said.

There are 81 goshalas in the state for taking care of old, unproductive and destitute cattle. The state government allocated Rs 7 crore for protection of cows and taking their care in year 2015-16, it claimed.

Poonawalla and others sought direction to declare the provisions of Karnataka, Gujarat, Maharashtra and Jharkhand laws as unconstitutional which granted recognition to the vigilante groups for cow protection.