Updated: Sep 22
While denying bail to a man accused of butchering a cow, an Allahabad High Court judge stated that the cow should be declared India's public creature and that it is the only creature that breathes in and breathes out oxygen.
In the twelve-page bail order, Justice Shekhar Kumar Yadav said that cows have a significant spot in Indian culture and are venerated as a Goddess. "Researchers accept that Cow is the only creature that breathes in and breathes out Oxygen," the judge said in the judgment obtained by News18. He likewise added that the protection of cows ought to be made a Fundamental Right of Hindus. And he also took many of the things from Hindu mythology.
The court said that not only did Hindus understand the importance of the cow, but even during the Muslim rule, the cows were considered an important part of India's culture.
Justice Shekhar Kumar Yadav of the High Court said that the public authority ought to acquire a bill in the Parliament to give basic rights to the cow, proclaim it as the public creature and make severe laws to rebuff the individuals who talk about hurting it. Moreover, cow insurance isn't simply one rigorous organisation; the cow represents India's way of life, and the task of preserving that way of life belongs to every resident of the country, regardless of faith, he stated. Not only that, but the court recognized that cow butchering is a fundamental right not just for those who eat meat, but also for those who love cows and are financially dependent on them.
According to the court, the right to life takes precedence over the decision to kill. Eating cow's meat will never be considered a basic human right. The court stated that even when the cow is old and wiped off, it is still useful. Cow manure and pee are regarded valuable ingredients in the production of rural medicine and most importantly a cow is revered. Equally, Islamic rulers also imposed restrictions on cow butchering, according to Shekhar Kumar Yadav. Hyder Ali, the Nawab of Mysore, made cow slaughtering a punishable act.
Scientific Opinion on the Court's Decision
In response to this appeal, a judge from the Rajasthan High Court added that a peacock's tears cause peahens to become pregnant. Furthermore, the fact that the cow is the only species that breaths in and breathes out oxygen, as stated by Justice Yadav, is an easy to contradict point. A large proportion of the researchers disagreed with this conclusion. One point of view on the subject is that all vertebrates exhale some oxygen. When we breathe in, we are taking in air that contains approximately 21% oxygen. A portion of this oxygen is dispersed by the lungs and used by the red platelets in the body's digestion.
Regardless, the blood only absorbs about 5% of the oxygen that is breathed in with each breath. The remaining oxygen, around 16 percent, is exhaled back into the atmosphere. The reason counterfeit breath works is because the unneeded oxygen is exhaled out. We take in approximately 21% oxygen and exhale approximately 16% oxygen, which is sufficient to supply a person who isn't relaxing.
During each breath, the blood diffuses carbon dioxide into the lungs, which is then exhaled. There is hardly any carbon dioxide in the air — less than 1%, to be exact. In any case, carbon dioxide is produced in the body as a byproduct of digestion, resulting in around 4% carbon dioxide in exhaled air.
Cows and humans both breathe in 21% oxygen, 78% nitrogen, and a trace of CO2. Cows and humans both exhale 16 percent oxygen, 78 percent nitrogen, and 4% carbon dioxide. This is an issue of investigation that will be decided by researchers in a short period of time.
However, in my opinion, when judges need to refer to any scientific perspective on any aspect in their requests or decisions, proper exploration work on the subjects should be done beforehand, and the promoters should assist them in doing so. Also, whatever the judges are hinting to, they should be able to back it up with evidence. Because unreasonable directives and choices create a sense of disregard and a gloomy outlook on our legal framework in the perspective of a common man.
Cow security ought to be made Fundamental Right of Hindus
The line in the request that says "Cow insurance should be made a Fundamental Right of Hindus" does not match with the Indian constitution's structures. Because any of the constitution's fundamental rights aren't specifically reserved for a specific group of society, such as strict, phonetic, racial, and so on, reservations and other reservation-related laws are only available to the minority group. Surprisingly, even in India, which is predominantly Hindu, Hindus are a minority in many places, whether as a population minority or an etymological minority.
Furthermore, if we analyze the proposition that cow protection should be deemed a fundamental right of Hindus, it will result in a fight between two fundamental rights, such as cow protection versus the right to protection. As the Supreme Court clearly stated in its Privacy decision, what an individual is eating is his own anxiety, and the state should not interfere. When a person alleges that consuming cow meat is causing him uneasiness, the equivalent is secured by a plea for a Supreme Court injunction. Then it's absurd to expect to come to a conclusion about who's Fundamental right is superior to whom and who's right will triumph.
Insights of Livestock Population In India
From 512 million in 2012 to around 536 million in 2019, India's animal population has grown by 4.6 percent. However, the total number of cows has increased by 18 percent since the last census. Cows account for more than one-fourth of the total animal population. Female cows have increased in number by 10% among the native (desi) sorts of cows. In general, the population of native varieties of cows (male and female) decreased by 6%, while the population of cross-reared/outlandish steers increased by 27% over 2012 statistics.
According to the twentieth animal evaluation numbers, about 75% of all absolute steers in the country are female (cows), a clear indication of dairy ranchers' preference for milk-delivering steers. This has also gained traction in recent years as a result of the government's assistance in terms of providing ranchers with free sex-arranged managed impregnation (AI) with the sperm of high-yielding bulls.
The Allahabad high court's decision to deny the bail order was legal in the sense that justice Yadav stated that the accused is a regular criminal who should not be released on bail. However, the facts about cows that he included in the Order became a major topic in political debates. Some of his reasons were genuine, such as the fact that cows are a sacred animal for Hindus and that they provide many benefits, including the fact that their excrement can be used to make biogas. However, it is not suitable in legal and constitutional terms to make cow protection a fundamental right.
~Shashi Kant Sandilya