Chandigarh: The Punjab and Haryana high court has issued a notice to the Haryana govt on a public interest litigation (PIL) challenging some provisions of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, which allows private individuals to conduct searches, seizures, and confiscations. According to the plea, such powers belong exclusively to the state.
The matter reached the high court in the wake of a PIL filed by the National Federation of Indian Women (NFIW) through its general secretary, Nisha Sidhu. The petition contended that the law permits “any person authorised by the govt” to enter premises, stop vehicles, and seize cattle or vehicles suspected of involvement in cow slaughter or smuggling, a power traditionally reserved for police officers.
According to the petition, this delegation of sovereign authority “opens the door to misuse by so-called gau rakshaks (cow vigilantes)” and has led to rising incidents of mob violence in the name of cow protection. The NFIW sought to have the two sections declared unconstitutional or alternatively read down to restrict such powers only to govt officers. The petition referred to Supreme Court (SC) rulings in the case titled Ishwar Singh Bagga versus State of Rajasthan, which held that search and seizure powers cannot be vested in private individuals, and the case titled Tehseen S Poonawalla versus Union of India, which directed states to curb vigilantism and mob lynching.The plea also refers to a 2021 Haryana govt notification constituting Special Cow Protection Task Forces in every district, which reportedly include private Gau Sevaks and members of cow protection groups. The NFIW claims these provisions and committees have emboldened self-styled vigilantes to act with impunity, blurring the line between official law enforcement and private activism. The matter has now been fixed for Jan 14 for further hearing, when the state has been asked to respond to the petitioner’s contentions.
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