Cow Smuggling Hurts Religious Sentiments, Threatens Public Order: J&K HC
1. Background and Context
Cow smuggling, especially across states and to neighboring countries, is considered a serious offense in many parts of India. In Jammu and Kashmir, like in many other states, there are specific laws that prohibit the slaughter, transport, and smuggling of bovines (especially cows, bulls, and oxen) without permission.
The issue is not merely legal but also social and religious. In many cases, cow smuggling has led to communal tensions, public disorder, and even violence. Thus, courts have started emphasizing that such crimes are not merely theft or illegal trade but acts that can incite communal disharmony.
2. Key Judgment: J&K High Court on Cow Smuggling
The Jammu and Kashmir High Court has made strong observations regarding cow smuggling in recent judgments. The court has stated that:
“Cow smuggling not only amounts to a violation of the laws in force but also hurts the religious sentiments of a large section of society, particularly the Hindu community. It is likely to disturb public order and peace and can lead to communal tension.”
Judicial Observations
The court emphasized that cow smuggling cannot be treated as a trivial offense.
It also observed that such acts have serious repercussions on law and order.
Bail or lenient treatment in such cases must be scrutinized carefully to prevent recurrence and maintain peace.
3. Legal Framework
A. Ranbir Penal Code (RPC) (Applicable before 2019 in J&K)
Under the erstwhile Ranbir Penal Code, Sections related to public order, hurting religious sentiments, or unlawful assembly could be invoked in cow smuggling-related violence or tensions.
B. Jammu & Kashmir Bovine Breeding and Animal Husbandry (Prohibition of Slaughter of Cow, Oxen and Buffaloes) Act, 2000
This law prohibits:
The slaughter of cows, oxen, and buffaloes.
The transport of these animals for slaughter without proper permission.
Violations can result in imprisonment and fines.
C. Indian Penal Code (IPC) Provisions (Post-2019 After Reorganization)
After the abrogation of Article 370, the IPC now applies to J&K. Relevant sections include:
Section 295A IPC – Deliberate and malicious acts intended to outrage religious feelings.
Section 153A IPC – Promoting enmity between different groups on grounds of religion.
Section 295 IPC – Injuring or defiling a place of worship or sacred object.
These can be invoked if cow smuggling leads to communal discord or is perceived as a deliberate act to hurt religious sentiments.
4. Relevant Case Law
(i) State of Jammu & Kashmir v. Mohd. Shafi Dar (J&K HC, 2023)
The court denied bail to the accused involved in cow smuggling.
Held that such acts “strike at the root of communal harmony”.
Noted that repeated offenses show the accused's disregard for the law and societal values.
(ii) Mohd. Aslam v. State of J&K (2022)
The petitioner sought the release of seized vehicles used for cow transport.
The court refused, stating that the vehicles are tools used in committing an act injurious to public peace and religious sentiments.
(iii) Liyakat Ali v. UT of J&K (2021)
The High Court upheld the detention of a person under the Public Safety Act (PSA) for repeated cow smuggling.
The court stated that such acts threaten the maintenance of public order and thus justified preventive detention.
5. Preventive Detention and Cow Smuggling
In serious cases, the J&K Public Safety Act (PSA) is used against habitual offenders. The PSA allows authorities to detain individuals preventively without trial for up to two years to prevent threats to public order.
Cow smuggling has been recognized as an act that can justify detention under PSA.
The courts have upheld this view, noting the potential for communal violence.
6. Constitutional Perspective
Article 48 of the Indian Constitution (Directive Principles): Encourages states to prohibit the slaughter of cows and calves.
Article 25 (Freedom of Religion) is subject to public order, morality, and health. So, any act (like cow slaughter or smuggling) that disturbs public order can be restricted even if claimed under religious freedom.
7. Conclusion
The Jammu & Kashmir High Court’s stand on cow smuggling highlights its serious nature in Indian society—legally, religiously, and socially. By framing it not only as an offense but also a threat to communal harmony and public peace, the judiciary signals zero tolerance for such crimes.
Cow smuggling is treated as more than a mere violation of livestock transport rules; it's increasingly viewed through the lens of public order, religious sensitivity, and criminal intent.
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