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| Petition against law banning cow slaughter | | HC seeks Govt's reply | |
Early Times Report
Srinagar, Sept 16: The State High Court today directed government to file reply within a week to a petition, seeking its direction to annul the law that bans slaughtering of cow or other bovine animals in the state.
In this regard, a division bench of the court comprising Justice Mohammad Yaqoob Mir and Justice Bansi Lal Bhat also observed if the government or state legislature contemplates scrapping or amending the law, the pendency of the petition before it shall not operate as a bar.
The court also directed its registry to list the petition filed by a retired professor of Kashmir University after one week.
The petitioner, S M Afzal, seeks direction to declare section 298-A to 298-D of the Ranbir Penal Code as ultra vires-beyond the scope or in excess of legal power or authority-to the constitution of India as well as to the constitution of Jammu and Kashmir and accordingly strike down the provisions from the RPC forthwith.
Qadri has submitted that the provisions have a direct interference with the personal liberty, allows an intrusion into religious as well as private life of people.
"It was the responsibility of the respondents (government) to ipso-facto to delete the provisions from the arena of RPC on count of being directly in conflict with the fundamental rights of the citizens of Jammu and Kashmir."
He said the penal provisions of any Code are adopted in a civilized Society to reduce the crimes by unlawful elements and its purpose of adopting such Penal Code is to criminalize all such acts and punish the persons who are found guilty of the same.
"The purpose and object of any criminal law cannot be achieved by criminalizing any act of the petitioner which has been bestowed upon him by the religion which he professes," Qadri says. He said the intention of any person eating beef is never to hurt the sentiments of any particular community.
"The only object and motive behind consumption of the meat of the bovines is to have a right of choice while performing his religious obligations," he said and emphasized that the provisions, are "arbitrary, unreasonable, and unconstitutional."
As per Article 25 of the constitution, he said freedom of religion and right to profess it is granted to all the persons including the Citizens of J&K by Indian and Jammu and Kashmir constitutions. "Every person irrespective of his religion and belief must get an assurance from the State that he or she has a protection of law freely to profess, practice and propagate his or her religion or freedom of conscience," he said. |
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