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Cow-Legislation

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LAW FOR COW PROTECTION- R. K. Joshi   
(Paper presented before the National Seminar on the need for Central Law for Cow Protection, held at Delhi on 19-20 September, 1998)

continued....from Page 4

Another attempt before the judiciary could be a reference to the Supreme Court requesting the Court to define the word "Cows' as used in Article 48.

The term 'cows' used in Article 48 is in plural and logically it should mean and include 'cow' and its progency' meaning thereby that the cow and its entire progency including bulls and bullocks of all ages are protected under this term 'cows'. The term 'cows' in generic and comprehensive sense, always means and includes bulls and bullocks too. The term 'cows' needs to be interpreted as per our culture and language i.e. Sanskrit and not merely as per the British language. The word 'cow' is derived from the Indian Original Sanskrit language word  Gau, the plural of which is Gavah. According to the Sanskrit dictionary meaning 'cows' means and includes bulls and bullocks too. In vedic literature the word 'Aghnya' (inviolable) is used for cow. In this context, if one would turn to Sir Mornior William's Sanskrit-English dictionary (Column 3, page 5, 1988 edition), it would be found that therein this word' Aghnya' is meant and shown as 'a bull' or a cow improper to be killed'. It would, thus appear that 'cow' means both cow and bullocks and that they both are unkillable. This word Gavah meaning the cow and its entire progency is integral and inseparable part and they alt are 'Aghnya' (inviolable). In view of this it is clear that the term 'cows' used in Art. 48 means and includes the cow and its entire progency. It is true that in Art. 48, the term 'calves' is also used, but this is not superfluous. It is meant to cover all types of calves so that breeding males of all cattle also get protected under the Article.

A quotation form Braham Purana says that:

"Krushaturah gavah palyah matrupitruvat" The above quotation means that the ...leak and sick cattle must be looked after like one's own mother and father. Here gavah is used in the plural of Go and it includes cows, bulls and bullocks. Where the word (cows) used in the plural meant female cows alone, then the subsequent phrase would have been 'like one's own mother only. In that case the words pitru would not have been there. But there is the word pitruvat also which does mean 'like one's father' and this does show that this plural gavah (cows) means and includes cow, bulls and bullocks i.e. the cow and it progency. Besides, the Sanskrit dictionary by Panyas Muktivijayji published in 1937 shows the meaning of gavah as both a cow and a bullock. Similarly, the meaning of the word Gokrut is given as dung of a cow as well as of a bullock and in the same way the word  (GOGOYUG) is given as a pair of cows and also a pair of bullocks. In 'Amarkosh' also the meaning of  (Go) has been shown as including bullock too. In vedic Samhitas in Sanskrit, compiled since the beginning the Vedic Religion, the compilers while laying down the duties in respect of cow protection have always taken the word 'cows' as including bulls and bullocks also. In Jain Agams and other Jain shastras also the word Go has been used as meaning both 'cows' and bullocks', 'Prakrit' and 'Aardhamagadhi' dictionaries also show the word Go as meaning both cow

and bull. Further, in legal terminology and literature as well male includes female and vice versa. Pea- cock is our national bird and its killing is banned. This does not mean that this ban on killing of a peacock applies to he-peacock only and not the hen-peacock. The ban applies equally to both male as well as the female peacock. Similarly in case of wild animals when a ban is imposed on killing of tigers or lions it also means that the ban applies equally to both, male and female. The term 'CO...I herd' does not mean a herd of female-cows only but that herd includes both males and females. Similarly the term 'cow-shed' does not mean a shed for female cows only but also always means a shed for the bulls and bullocks also. In the same way, 'dung' of a cattle is always known as 'cow-dung' irrespective of the fact whether. It is of a cow or of a bullock or of a bull. Dung of a bull or bullock is not known separately as bullock-dung or bull-dung. Similar is the term 'cow-hide' which includes the hides of a bullock and bull also. Thus, the word 'Cow' used in all these terms (i) cow-herd (ii) cow-shed, (iii) cow- dung and, (iv) Cow-hide, means and includes the bullocks and bulls also. Similar is the phrase 'cow' slaughter'. Here also the word 'cow' has been used and understood in generic and comprehensive sense meaning 'cow' and its progency which includes bulls and bullocks also. Slaughter of a bull or a bullock is not separately termed or known as 'bull slaughter' or 'bullock-slaughter' but is known as cow-slaughter only. In Vedic literature also the original Sanskrit word m is used for both the masculine as well as feminine gender. Not only this but the other Indo-European languages also show the same meaning i.e. 'cow' including bulls and bullocks. The present narrow meaning of the term 'cow' as confined to a female cow only has been wrongly interpreted contrary to its generic and comprehensive meaning as including bull arid bullocks also as found in the ancient religious books and also in the Indo-European language.  >>>

 



















































































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