A petition has been filed before the Punjab and Haryana High Court challenging the provisions of Haryana's cow protection law on the ground that it allegedly enables private individuals and vigilante groups to exercise coercive functions of search and seizure [National Federation of Indian Women NFIW v State of Haryana and Others].
The Public Interest Litigation (PIL) filed by National Federation of Indian Women (NFIW) was listed today before a Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry.
However, the matter could not be taken up for hearing due to paucity of time.
The PIL filed through advocate Arjun Sheoran has challenged Sections 16 and 17 of Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015.
The plea has also sought immediate action against cow vigilante groups in the State.
According to the plea, Haryana government in July 2021 notified the Special Cow Protection Task Force (SCPF) for every district with the object of "collecting information regarding cattle smuggling and slaughtering from public and further to take prompt action on such illegal activities after specific inputs received from the public."
The SCPF consists of 3 members nominated by the Chairman, Haryana Gau Seva Aayog and two members from Gauraksak Committees/renowned Gausevaks, who are nominated by the Deputy Commissioner.
As per the petitioner, Sections 16 and 17 of the Act permit the conferment of sovereign police powers of search, entry, inspection, and seizure on any private individual, without laying down even minimal qualifications, criteria or safeguards.
The delegation of essential Police powers involving entry, inspection, search and seizure under the impugned Act is excessive, arbitrary and unconstitutional, the plea contends.
According to the petition, the provisions have enabled a systematic rise of cow vigilantism across Haryana and elsewhere, where several self-styled gau-rakshaks or cow vigilantes have emerged and armed with the authority of law, abuse persons they find to be 'guilty' of cow smuggling or slaughter.
“The State machinery that provides legitimacy and identification to these cow vigilante groups under the garb of cow protection and as a result these groups enjoy socio-political impunity. It was recently reported that there are over 15,000 cow vigilantes who are active in the state of Haryana with affiliations to different groups, the main three being Gau Raksha Dal, Bajrang Dal and Gauputra Sena,” the plea states.
Advocates Arjun Sheoran, Tejasvi Sheokand, Rohan Gupta, Pranhita Singh, Shivangi Chauhan and Manish Boora of Vaakya Legal represented NFIW in the PIL.