Horror of Haryana's Cow Protection Law: It Enables Vigilantes, Terrorises Locals

"Section 14 of the law shifts burden of proof on the victims as opposed to general laws in India," says Adv Devla.

The Haryana Cow Protection law has armed 'gau rakshaks' and unequally attacked victims in several ways.

(Photo: Aroop Mishra/The Quint)

Sitting on a charpai (cot), sixty-year-old Hazra is still traumatised. Often, she thinks of how her 21-year-old son Waris Khan was lynched on the suspicion of cow smuggling. Hers is a shared yet personal grief in Haryana where violence against locals under the Cow Protection Law has only seen a rise in recent years.

Haryana often makes its way into headlines due to alleged cow-related killings — the latest incidents being that of Aryan Mishra and Sabir Malik. But what most people are unaware of is how there are sections under the Cow Protection Law misused to scourge the victims and exonerate the so-called cow vigilantes.

The law we are referring to is the Gauvansh Sanrakshan Aur Gausamvardhan Adhiniyam which become official in 2015. Tahir Devla, an Advocate from Nuh claims that he has around 60% cases under the law under him.

"The law was brought in to pacify and please the majority. It was brought in with mala fide intentions, you can tell through sections such as 14 and 17 how they make it harder for the victims to fight the case but also ultimately fall flat in court," Devla told The Quint.

The Quint travelled in and around Nuh — one of the most backward districts in the country — and met lawyers, families of victims, police officials and Gau Raksha Dal members to investigate into the law's impact and the web of cow vigilantism as the state gets ready to vote on 5 October.

The Haryana Cow Protection Law.

(Photo: Screenshot)

'Most Transport of Cows Done by Hindus'

The Quint found out after analysing documents that this year alone 116 cases were filed under the law in Nuh court and lower courts from January 2024 to August 2024.

While travelling throughout Nuh, several local activists and lawyers informed us that majority of the transportation of cows into Nuh is done by Hindus who further sell it to local Muslims.

Ubaid, a local activist told The Quint, "Most of the transport of cows into Haryana is done by Hindus, they sell it to Muslims as most of them are cattle farmers in this region. But the narrative has been twisted and it has been used to malign one whole community."

Echoing a similar sentiment, Advocate Devla stated that 70% of the transport is by Hindus but 90% of the cases under this law are against Muslims.

He said that the conviction rate in the cases under the law is at 2% but the acquittal rate is around 98%.

But with the way the law works — trial takes years and most accused are acquitted later.

If a man is travelling from Punjab or Bhiwani and has 2 or 10 cows and let's assume that it's for slaughter, his mobile location is in Bhiwani today, tomorrow he'll reach Nuh's border, and when he reaches the border, he'll be caught. It's only an offence under the law if it's from Haryana to other state. But when he started transporting, his presence was in Bhiwani, so how will you prove the crime (as both places are in Haryana)?

Tahir Devla to The Quint

Advocate Tahir Devla in Nuh district court premises.

(Photo: Shiv Kumar Maurya/The Quint)

On the other hand, Ramzan Choudhary, advocate and chairman of All-India Mewati Samaj stated that in the past 10 years since the BJP came to power, some people have become active in spreading terror under the garb of protecting cows.

To prove the same, he spoke about a recent case of an Imam in Nuh who had gone to a Tablighi jamaat gathering and was targeted by right-wing elements. The police arrested him and allegedly made him chant 'Jai Sri Ram' slogans.

Choudhary fought his case and the Imam was discharged. The police later said that he was innocent, he said.

Checking biryani in utensils, slapping false cases against locals. For example, when Pehlu was travelling with cow by road and was killed. Rakbar khan was travelling with a cow, he was killed. Waris was reportedly travelling with a domesticated cow, he was killed. Umar Khan from Ghatmika was also caught and killed Nasir and Junaid from Ballabgarh were also killed. We have raised our voices against them and will continue to fight them.

Ramzan Choudhary to The Quint

Advocates Ramzan Choudhary and Somdutt Sharma. Sharma is also affiliated to RSS.

(Photo: Shiv Kumar Maurya/The Quint)

Cow Protection law — A Double Whammy

What makes the law a double whammy are the two sections - Section 14 (burden of proof on the accused) and Section 17 (power to confiscate vehicles).

Devla cast aspersions on the law stating that shifting the burden of proof on the accused not only goes against modern jurisprudence but is also a shift from Indian laws in general where the burden of proof is on the prosecution.

Moreover, he stated that the power to confiscate vehicles has been given to the SDM.

"They have created a problem in two ways. Offence is to be tried by judicial magistrate in session court, and on the other hand, confiscation power is under the sub-judicial magistrate," he said.

He continued that he has challenged the section in High Court too.

"If it's a car on rent by the accused, the case won't be proven right away. If the case takes 5 years, the vehicle is a new one, the debt with the financing company is rising, the whole family is dependent on it, so 5 years later, what would happen? the car would be damaged," exclaimed Devla.

The Haryana Cow Protection law was applied in cases of Rakbar Khan and Waris Khan. Both were accused of cow smuggling.

In Rakbar's 2018 lynching, four people were sentenced to prison for 7 years while one of the main accused, Naval Kishore was acquitted. It became the by a court in a case of violence by cow vigilantes in Rajasthan.

However, six years later, Rakbar's wife and mother in Kolegaon village on the outskirts of Nuh, said they have not got "any justice."

Asmeena, Rakbar's wife shows Rakbar's photo. The family now only has his photos on their mobile phones.

(Photo: Shiv Kumar Maurya/The Quint)

Rakbar's room has also become a shed for their goats and cows. That is what Rakbar was: a cattle farmer all his life.

Habeeban, Rakbar's mother said they have financial difficulties raising his seven children and lamented how no one came to visit the family when his wife met with an accident some months after Rakbar's death.

Asmeena, whose legs are paralyzed said, "The cow was sent to the gaushala, but Rakbar was beaten up and not taken to hospital on time. A cow is much more worth than a human's life. He was lynched because he was a Muslim while Hindus can roam around with their cows."

The family stated that the only way they'll get justice is is Naval Kishore is arrested for his crimes.

On the other hand, years after Rakbar's death came Waris' killing. A resident of Hussainpur and a car mechanic by profession who was returning with a car he had bought but was caught by a group of Gau Rakshaks, including Monu Manesar.

1.5 years later, no FIR has still been filed in his case.

Hazra, Waris Khan's mother still recalls how his son was brtually beaten by gau rakshaks.

(Photo: Shiv Kumar Maurya/The Quint)

His brother Imran told The Quint how "there was no meat in Waris' car, a cow was placed with his car. Even if we assume there was a cow, how could it fit in a Santro car?"

Moreover, the family also contradicts police’s claims that he died of ‘internal injuries.’

"The internal injuries that he got were due to kicks and punches on his body.The post-mortem report showed 'liver damage.' In 99% cases, there is no liver damage in accidents. There was no injury on the side of the liver either," he recalled.

Interestingly, The Quint also met a lawyer associated with the Rashtriya Swayamsevak Sangh (RSS) Somdutt Sharma talked about how the law essentially vindicates the Gau Rakshaks on whose behest the cases are filed.

He said it is his ethics that have made him take up these cases.

"The 'Gau Rakshaks' will file these complaints and cases without appearing as complainants, thereby making it easier for us to know which case has weight and which doesn't," he told The Quint.

The Quint visited a gaushala in Palwal, some kms away from Nuh.

(Photo: Shiv Kumar Maurya/The Quint)

The Unchecked, Flourishing Gau Raksha Network

Sharma also criticised the actions of 'cow vigilante' Monu Manesar who is currently in jail, another 'Gau Raksha' dal member, Shelendra Hindu spilled the beans on how their network works and why he, proudly, continues doing what he does.

A BTech graduate and a long time partner and ally of Manesar, at first he walked us through his gaushala to a small room where he stays in Palwal. Shelendra said all 'Mewati butchers and Muslims' are the ones slaughtering cows and the fact that they are using different luxury cars allegedly has made it difficult for them to catch them.

Shelendra Hindu, a gau rakshak who works in and around Nuh, mainly Mewat region.

(Photo: Shiv Kumar Maurya/The Quint)

He told The Quint that he grew up hearing stories of Muslims "stealing cattle". He says it is "part of their ideology".

The Quint also spoke to Congress leader Aftab Ahmed who stated that if his party comes to power in the state they will "ensure that such networks and nexus with the police is disrupted and controlled."

Similarly, when The Quint met with Nuh SP Vijay Pratap, he said that they are being cautious and verifying information they receive from ground and are taking control of these cases, but he blamed media for "portraying a negative picture" of Nuh.

But the reality remains this. Shelendra told The Quint. "So far, we have caught at least 1,000-1,500 cars, Monu Manesar and I, together. And have saved around 1.5 lakh cows from cow slaughters."

But around 35 kilometers away from Nuh, the human cost of growing cow vigilantism, can be seen.

Families like that of Waris continue to grieve in the aftermath of the loss of their loved ones.

Imran asked, "Had the government taken action against these 'gau rakshas' earlier, things may have improved. If they still don't, how many more Rakbars, Waris' and Aryans will we lose?"