Court notifies Haryana over PIL challenging cow protection law
What's the story
The Punjab and Haryana High Court has issued a notice to the Haryana government in response to a Public Interest Litigation (PIL) challenging certain provisions of the state's cow protection law. The PIL, filed by the National Federation of Indian Women (NFIW), argues that these provisions allow private individuals and vigilante groups to perform police functions such as search and seizure. The case was heard by a Division Bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry.
Legal challenge
Sections 16, 17 of Act challenged
The PIL specifically challenges Sections 16 and 17 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015. These sections empower "any police officer not below the rank of sub-inspector or any person authorized in this behalf" to stop and search vehicles, seize cattle, and confiscate vehicles used in offenses under the Act. Advocate Arjun Sheoran, representing NFIW in court, argued that these powers should only be given to police officers or government officials.
Vigilantism concerns
Instances of self-styled gau-rakshaks stopping vehicles, seizing property cited
The PIL also highlights the formation of Special Cow Protection Task Forces (SCPF) in each district by the Haryana government in July 2021. These task forces were set up to gather information on cattle smuggling and slaughtering from the public. However, Sheoran argued that delegating such powers to private individuals leads to law and order issues, citing instances where self-styled gau-rakshaks stop vehicles and seize property under these provisions.
Legal representation
Legal team behind PIL
The PIL has been filed through advocate Arjun Sheoran and is represented by advocates from Vaakya Legal. The legal team includes Tejasvi Sheokand, Rohan Gupta, Pranhita Singh, Shivangi Chauhan, and Manish Boora. The petitioners have sought either the quashing of sections 16 and 17 or a prohibition on authorizing private persons for enforcement under these sections.