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PROTECTION
OF THE COW AND HER PROGENY- T. U. Mehta
Some reflection on Court Decisions
continued....from
Page 2
Infect, bulls and blocks are
not "useless" to the society because till the end of
their lives they do yield their excreta in form of urine and
dung which are extremely useful for biogas and manure and they
do supply hide and other accessories on their death. Hence to
call them "useless" is totally devoid of reality. If
the expenses incurred for their maintenance are not covered
fully by the return which they give, it may be said that they
are "less useful" from material point of view, but
our nation has never looked upon such situations purely from
material point of, view because if we have not lost the
capacity to express our sense of gratitude for the past
services rendered by our public servants (who are given
pensions) and our incapacitated old parents, we must learn to
treat the cow and her progeny in the same manner because they
have been the backbone of our agrarian economy, social
structure and cultural norms since ages but outlook in this
matter can not be like a petty-shop keeper whose concern is
always-to see which side the indicator of his weighing balance
turns. Constitutional problems which touch the cultural
heritage of the nation should never be put in a weighing
machine.
Those who oppose the total
ban on the slaughter of the cow and her progeny are conveniently forgetting the provisions of Art.
51A as found in
cl. (F) (G) & (H) which provide that it shall be the duty of
every citizen of India-
(1) to value and preserve the
rich heritage of our composite culture,
(2) to have compassion for living creatures and,
(3) to develop the scientific temper, humanism and the spirit
of inquiry and reform, In view of all that is stated above,
the above judgment given by the S.C. in Mohd. hanif and
others v/s State of Bihar is required to be reviewed so
far as the question of the slaughter of bulls and bullocks e.
q. t. progeny of cow, is concerned.
A review of this decision is
also required on other grounds. The said decision is based on
the facts and statistics which are about half a century old.
Since then many important and revealing researches are made in
the field of bio-gas energy and importance of organic manure.
Researches have shown that chemical fertilizers involve great
health -hazards and the original traditional sys- tem of using
organic manure supplied by cattle dung is more nutritive and
gives better production.
Biogas which can be easily
and cheaply produced form the cattle excreta is easily
available to poor people in villages and is also cheaper. All
these facts were marshaled by M. P. H. C. in Hashmattulah case
in which reliance was placed on the statistics supplied by an
article written by one Mr. Pannalal, the chairman of Animal
Welfare Board of India. The S.C. has, however, refused to take
these statistics in to judicial consideration on the ground
that these was nothing in record to show on what basis (data)
these figures were given. Obviously, the court could not have
relied on the disputed figures which could not be verified.
It is therefore necessary,
before the S.C. is asked to review its judgment in Mohd.
Hanif case, to collect reliable date from material economic
point of view, till their lifetime. Such data can be gathered
by carrying out the actual experiment of the quantity of urine
and dung produced by an ascertained number of bulls and
bullocks after they become unfit as draught animals during a
particular span of time,. Such experiment should also show
how this excreta of urine and dung be put to profitable use
and what would be the value thereof as against the fodder
required to maintain these animals. Even the intangible value
of improved organic manure supplied by dung can be assessed.
After collecting such data and the opinions of experts
supported by affidavits, if possible, the S.C. should be
approached for review. >>>
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