Supreme Court Issues Notices to Rajasthan, Haryana, UP For Continuing Violence By Cow Vigilantes

Rajasthan, Haryana and Uttar Pradesh—three of the states that continue to witness violence against citizens in the name of “cow protection”—have been issued notices by the Supreme Court for failing to check cow vigilantism.

The apex court acted on a petition filed by Tushar Gandhi, great-grandson of Mahatma Gandhi, that sought contempt proceedings against Rajasthan and Haryana for not complying with an earlier order of the Supreme Court.

On 6 September 2017, the court had said all states must take stern measures to prevent cow vigilantes from behaving like they were “law unto themselves”, and that killings and violence against minorities and Dalits in the name of the cow “must stop”.

On 29 January 2018, senior advocate Indira Jaising and advocate Shadan Farasat argued on Gandhi’s behalf and told the court that violent incidents were being reported even after the court order from the states of Uttar Pradesh, Rajasthan and Haryana.

The three-judge bench headed by Chief Justice of India Dipak Misra then issued contempt notices to the three state governments, asking them why contempt of court proceedings should not be initiated against them for not complying with the earlier order.

The states are supposed to respond by 3 April. Justices AM Khanwilkar and DY Chandrachud were the other judges on the bench hearing the contempt petition.

“The petitioner has filed this contempt petition against the states of Rajasthan and Haryana where several incidents of lynching of Muslims have occurred in the recent months of October and November 2017”, said the contempt petition.

The previous order had directed all states and Union Territories to appoint nodal officers in every district as well as to appoint officers for patrolling the highways to crack down on cow vigilantes.

The Chief Secretaries of the respondent states – Haryana, Rajasthan, Maharashtra, and Gujarat – were directed to take immediate steps to prevent such incidents and to file affidavits within four weeks. The four BJP-ruled states had accepted the court’s suggestion to appoint nodal police officers in the rank of Deputy Superintendent of Police to check cow vigilantes.

The court had also asked the Centre to respond to a submission by Indira Jaising that it could issue directions to all state governments under Article 256 (obligation of states and Union) of the Constitution to take the necessary steps.

The bench, headed by CJI Misra, had observed, “Centre says there is a law in place. Then such incidents have to be curbed. People cannot be allowed to take law into their hands. This must stop. This is not permissible.” The court said “some kind of planned action is required so that vigilantism does not grow.”

The earlier order had come on petitions by Tushar Gandhi and activist Tehseen Poonawalla. Jaising had appearing on behalf of Gandhi then as well, and had submitted a list of 66 lynchings across the country, some of which caused death.

The number has grown since then.

Ever since the BJP-led NDA government has come to power, the country has witnessed a spate of lynchings and violent incidents by right-wing hooligans against people from the Muslim and Dalit communities. It is important to remember that these are just those incidents that are picked up by the media.

See this country-wide map of murders and other incidents of violence that have taken place in the name of cow protection throughout India since 2015.

The lynching of 52-year-old Mohammad Akhlaq at Dadri in Uttar Pradesh in September 2015 for allegedly consuming cow meat was the first such crime that grabbed national headlines.

Last July, 55-year-old dairy farmer Pehlu Khan was lynched on suspicion of cattle smuggling at Alwar in Rajasthan.

Last July again, four Dalit men were stripped and flogged for skinning the carcasses of dead cows at Una in Gujarat, which led to a Dalit uprising in the state and elsewhere.

Last November, 35-year-old dairy farmer Ummar Khan was lynched by cow vigilantes in Alwar.

The spate of attacks against Muslims led to country-wide “Not In My Name” protests last year.