Tehseen S. Poonawalla v/s. Union Of India

  • Athul Vergis Cherian, Christ University Bangalore
  • January 7, 2021

Content :

The following is a briefcase analysis of the case titled Tehseen S. Poonawalla vs Union Of India (WRIT PETITION (CIVIL) NO. 754 OF 2016). Distressed by the increasing incidents of cow vigilantism in the country, three individuals: Martin Macwan, a Dalit rights activist; Mohan Bhai, Hamir Bhai, Bedva, an alleged victim of such violence and Tehseen Poonawalla, an activist lawyer, filed the writ petitions in Supreme Court in August 2016. They sought the Court to issue a direction to the Centre and some States to take action against cow vigilantes. The Petitioners drew the Court\'s attention to the rise of cow vigilantism incidents, where private citizens violently punish people whom they suspect of consuming beef. The petitioners challenged the provisions of cow protection laws of 6 States protecting cow vigilantes – Rajasthan, Uttar Pradesh, Maharashtra, Gujarat, Jharkhand, and Karnataka. In particular, they challenge the provisions that prohibit any legal action against persons for actions done in \'good faith\' under the law.