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. >>>