INSUBCONTINENT EXCLUSIVE:
GURGAON: Since Haryanas decision in 2015 to enact a law prohibiting cow slaughter and usage of beef, vigilante groups have taken it upon
themselves to stop livestock smuggling
The law hasnt accomplished its standard goal of bringing culprits to book.Conviction rates under the law have actually been and stay
exceptionally low while investigations plod along
Last year, for instance, 402 cases were submitted invoking arrangements of the Haryana Gauvansh Sanrakshan and Gausamvardhan (HGSG) Act, but
just 8 reached the trial stage.In Nuh, the district that reports most cases under the Act, 1,192 cases were pending in its courts as of
December 2022 while trials were finished in just 69
Just four of these cases ended in convictions
The Manohar Lal Khattar-led Haryana government, within a year of presuming workplace, passed the HGSG Act in November 2015 to stop cow
slaughter and smuggling and ensure well-being of cattle in the state
Under clauses of the Act, cow trafficking, slaughtering and possessing or consuming beef were forbidden
The restriction was reached the sale of canned beef.However, in these eight years, the state has not formulated guidelines for effective
application of the Act, without which investigations have done not have both purpose and instructions, lawyers and police say
Networks of cow vigilantes have actually emerged on the scene
Led by Monu Manesar, the vigilantes are now under examination for 3 recent deaths-- of Nuh resident Waris Khan in January and Rajasthan
citizens Nasir and Junaid, whose charred bodies were found in an SUV in Bhiwani on February 16
HC cops paradise rebuke In March 2019, Justice Mahabir Singh Sindhu of the Punjab and Haryana high court brought up the state federal
government for failing to make sure the arrest and conviction of implicated scheduled under the Act.Hearing an anticipatory bail plea of a
man who allegedly smuggled cows in Nuh however hadnt been jailed, the HC observed: The situation is disconcerting and mere registration of
FIRs for commission of offense under the Act of 2015, resulting in 100% acquittal by the trial courts, can only be described as cops
By no stretch of the creativity can it be accepted that the law enforcement agency achieves success in any way in execution of the Act
The first conviction came the same year, in December, when a Faridabad court handed three males three years of strenuous jail time under the
Act for transferring cow skin in 2016
Authorities had actually recovered skins of 413 animals from their lorries
The rate of conviction has actually not enhanced
The very first conviction in Gurgaon, which is within the south Haryana location that sees the bulk of cases registered under the Act, took
A cow smuggler was granted 10 years of rigorous jail time for firing at a police group, hurting a head constable
Nuhs only four convictions under the Act came in between July and December 2022
Getting to the trial phase takes time, once in court, producing proof has actually been the biggest difficulty
In a number of cases that have failed, the prosecution might not show the crime as cops didnt collect any proof to prove that cows being
transported were indeed being taken for slaughter
Prosecutions have actually likewise found their arguments damaged since there was no videography of the alleged criminal offense scene or
seizure to back them with visual proof.In some cases, the accused were discharged as samples of beef recuperated had actually autolysed--
they had ended up being unsuited for testing
High court have actually also discovered loopholes in documents
For example, in one case, the implicated was let off due to the fact that the memos sent in court about healings were handwritten rather of
being typed.In order to improve conviction, police officers have actually adopted measures like taking informers-- a public representative
or an NGO member along for raids-- so they can be produced as independent witnesses during the trial
Senior law enforcement officer said they are also tightening up on forensics and convening with judicial officers to examine gaps in
prosecution.Advocate Deepak Balyan, who Justice Sindhu had designated as amicus curiae, sent his report in August 2019 in which he made
scathing observations on the systems failure against the powerful meat lobby
His report highlighted that livestock were being carried for massacre outside the state
This high profitability has actually produced very high stakes in the meat trade and has actually increased the capability of the meat lobby
to spend extravagantly in purchasing the cooperation of the authorities, it stated.The report recommended instant framing of guidelines
under the Act and restricting transportation of cows in between 7pm and 5am on the lines of Gujarat
Other recommendations included photography or videography throughout seizure of vehicles, confiscation of cars presumably utilized for
cattle smuggling and a provision for automated review of acquittal orders of lower courts by a remarkable court.Waiting for rulesSarvan
Garg, chairman of the Haryana Gau Seva Aayog (HGSA), stated formulation of guidelines under the Act is in process
Once the rules are framed, it will bring clearness and define the roles of different firms for better enforcement and implementation of the
Puran Yadav, vice-chairman of the Haryana Gau Seva Aayog, stated automobiles utilized for cow smuggling return to roads once they are
launched by a court and are used by smugglers once again
We have actually recommended making changes in the Act to guarantee seized cars are not launched
It will help check cow smuggling for slaughter, said Yadav.On the reasons for low conviction, Gurgaon district lawyer Rajesh Chaudhary
stated in many cases he had actually come across, the complainants were police officers and the accused were not determined, that made the
Cases need independent witnesses or more concrete evidence, like videography and forensic proof, he said.Advocate Tahir Hussain Rupariya,
who has represented the accused in numerous cases of cow slaughter or smuggling that led to acquittal, stated the complainant is frequently
pointed out as a secret informer and the implicated are not apprehended from the spot
The prosecution usually stops working to prove that those apprehended later by authorities were actually present throughout the crime, he
said.Nuh SP Varun Singla yielded police face practical problems that sometimes result in procedural lapses
He said, its normally taken vehicles that are used in trafficking, making it challenging to connect them to the implicated
Singla stated police have studied bail orders and judgments to identify loopholes and a standard procedure has been issued for investigating
This has actually begun to show results
Out of 294 anticipatory bail applications moved prior to the lower court from January to December in 2015, 112 were turned down and 40% of
these applications were also declined by the high court
The conviction rate will reveal a dive in 2 years, once these cases are decided, Singla stated.
