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Response to HC notice on beef ban a litmus test for BJP
9/17/2015 11:21:57 PM
Early Times Report

Jammu, Sept 17: The coalition regime in general and the BJP in the state in particular will be on test when the government responds to the notice of the High Court regarding a writ petition challenging the constitutional provisions regulating the ban on bovine slaughter and sale of beef in J&K.
The High court order banning bovine slaughter and sale of beef in the state has already kicked up a major controversy with the Kashmir-centric political leaders demanding amendment to the constitution which could allow bovine slaughter and sale of beef in the state.
Political observers are of the opinion that the state government's reply could add to the level of controversy. If the government accepts the validity of the writ petition it would expose the BJP leadership which has over the years emerged as the champion of ban on cow slaughter.
If the PDP leadership insists on accepting the validity of the High court order the BJP could snap its ties with the PDP which may throw the state into a fresh political turmoil.
Political observers say that in case the BJP supported the PDP on its demand for scrapping sections 298-A and 298-B of the Ranbir Penal Code it would get fully exposed and lose its vote bank completely in Jammu region.
The High Court has issued notices to the PDP-BJP government and other respondents seeking their reply to a writ petition challenging the constitutional validity of provisions of law regulating the ban on bovine slaughter and beef sale in the state.
The court observed that Sections 298-A and 298-B of the RPC "should have been scrapped long before" or even the legislature could have "done away" with it.
The court made it clear that the pendency of the petition "is no bar" for the state government or legislature to amend or repeal the two sections besides Sections 298-C and 298-D, which have also been challenged. While dealing with a public interest litigation seeking implementation of the Sections 298-A and 298-B, the Jammu wing of the J&K High Court had on September 9 cited this 150-year-old law and asked the state police to ensure "strict compliance" of the "existing law", which bans "voluntarily slaughtering or killing cow or the like animals as being unconstitutional." Observers say that the coalition government has been placed in an embarrassing situation because accepting the validity of the writ petition challenging the constitutional validity of provisions of law regulating the ban on bovine slaughter and sale of beef may kick up a new controversy that could build regional passions.
Hence the coalition government has to think twice before framing a reply to the court notices.
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