Jodhpur: The Rajasthan High Court Wednesday directed the state government to coordinate with the Center and take necessary steps to declare cow as a national animal.
A single-judge bench of justice Mahesh Chand Sharma said the chief secretary and advocate general of the state will be the legal custodians of the cow.
"Nepal is a Hindu nation and has declared cow as national animal. India is a predominant agriculture country based in animal rearing. As per Article 48 and 51A (g) it is expected from the state government that they should take action to get a legal entity for cow in this country," he said in his order.
While Article 48 of the Constitution says the state should take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle, Article 51A(g) speaks of protecting natural environment and having compassion for living creatures.
"It is expected from the government that it should declare cow as national animal and for this purpose the chief secretary and advocate general of state are declared legal custodians of cow," the judge said in a 145-page order.
The court has also recommended increasing the punishment for cow slaughtering from current three years to life imprisonment.
"It (action against those who kill cows) is the voice of my soul, your soul, everybody's soul. Law has stemmed from 'dharma' (religion) and not vice-versa," he said.
When the reporter asked him for the rationale behind declaring cow slaughter a heinous crime, he said,"There cannot be a more heinous crime than this. Cow is like mother. She saves people from different diseases."
The directions were issued while the court was hearing a matter related to a government-run cow shelter where hundreds of animals had perished in Jaipur last year due to alleged neglect.
Justice Sharma's suggestions came amid a firestorm of protests raging in several parts of the country, particularly the southern states of Kerala and Tamil Nadu against a new notification issued by the Center banning sale and purchase of cattle at animal markets for slaughter.
Other states vs Center
In Kerala, where beef consumption is legal, the Leftist government discussed a proposal to call a meeting of all chief ministers to discuss the contentious ban. West Bengal chief minister Mamata Banerjee has been most vocal against the ban, and has refused to accept it. She has asked the state officials not to implement the provisions of the Center's notification.
The Kerala government's proposal came days after chief minister Pinarayi Vijayan had termed the ban "anti-federal, anti-democratic and anti-secular", and shot off letters to his counterparts in other states asking them to "stand together" and oppose it. He also urged prime minister Narendra Modi to withdraw the new regulations.
"We want to call a meeting of all chief ministers to discuss the issue relating to the ban," Pinarayi told reporters here after a cabinet meeting.
Asked if any date had been finalized for the proposed chief ministers' meeting, Pinarayi said said he wanted it to be held at the earliest.
The government also decided to convene a special session of the state assembly to deliberate on the issue after discussions with leader of the opposition Ramesh Chennithala.
Cattle trade ban: Kerala govt to take legal action
Pinarayi said the state government cannot accept the new regulations. "This has to be questioned legally as it is unconstitutional," he told journalists in Thiruvananthapuram.
In Tamil Nadu, where protests have been going on for the last several days, including by way of hosting 'beef festivals', the opposition DMK launched a stinging attack on the Modi government, saying a situation has arisen where "we should eat only what the prime minister desires".
Leading a DMK protest in Chennai against the ban, party working president M K Stalin also warned of "another Marina revolution" (on the lines of pro-jallikattu stir) if the recent notification on the matter was not withdrawn.
Accusing the Center of coming up with such notifications to cover up its three years of "non-performance", he also questioned the "silence" of Tamil Nadu chief minister K. Palaniswami on the issue.
Recalling various promises made by the BJP in the 2014 Lok Sabha polls, Stalin said none of them, including the one to bring back black money, had been fulfilled.
"So, this ban, what we eat is now being restricted. A situation has come up where we should eat only what (prime minister Narendra) Modi desires. Civil liberties guaranteed by the Constitution are being snatched. Freedom is being snatched," he alleged.
Pro-Left student bodies staged a protest outside IIT Madras condemning the attack on a PhD scholar for taking part in a beef fest on the campus on Sunday night.
Some IIT-M students took out a procession, urging the institute management to take action against those involved in the attack on the scholar.
A pro-Tamil fringe outfit also staged a protest outside the IIT campus over the assault.
Sooraj, associated with the Ambedkar Periyar Study Circle, a Dalit outfit, was injured in yesterday's assault allegedly by some students claimed to be Sangh Parivar supporters.
These protests continued a day after the Madurai bench of the Madras High Court stayed the operation of the Center's notification by four weeks.
On the other hand, the Kerala High Court Wednesday declined to entertain a PIL seeking quashing of the Centre's notification, observing that there was no constitutional violation in framing the rules.
A division bench headed by Chief Justice Navaniti Prasad Singh observed that its interference in the Centre's notification was not warranted. Later, the PIL was withdrawn by petitioner A G Sunil.
Under relentless opposition attack, Union minister M Venkaiah Naidu had yesterday said issues raised by some state governments and trade organizations with regard to the ban were being examined. The controversial decision is expected to hit export and domestic trade of meat and leather.