news details |
|
|
| Court ruling has not resolved conflict on bovine slaughter | | | Though the High court has vacated the
September 8 order passed by division
bench in Jammu ordering implementing ban on bovine slaughter and beef sale and directed the government to review the existing laws and take policy decision within framework of constitution and ensure that no inter-religious conflict takes place amongst the people of the State, the conflict between those who want beef ban to go and those who want strict implementation of the ban under the law that was enacted in 1932 has not been resolved. It is so because the 3-member bench of the High Court has placed the ball in the court of the state government suggesting it that it should review the law so that it takes the final decision whether the old order has to be implemented or it deserves revocation. The court disposed off two PILs - one seeking ban on bovine slaughter and calling for scrapping of Section 298 A to D of Ranbir Penal Code, which criminalise bovine slaughter in the State.
While terming the law as "dead and fossil", full bench of High Court comprising Justice Muzaffar Hussain Attar, Justice Ali Mohammad Magrey and Justice Tashi Rabstan asked the government to consider the issues raised in these petitions in the light of observations made in this order and take appropriate steps in accordance with the law.
The special 3-member bench was formed on Supreme Court directions to resolve the beef ban issue after division Benches of the J&K HC -- one in Srinagar and another in Jammu - gave conflicting orders. The 3-member HC bench disposed off the contradicting petitions and vacated the orders passed on September 8 asking the State to "strictly enforce" the existing laws (sections 298 A to D of J&K Ranbir Penal Code) regulating ban on bovine slaughter and beef sale in the state. In fact if two PILs had been filed in the High Court it was done to secure court ruling for enforcing ban on bovine slaughter and consumption of beef and the other was aimed at securing court intervention for revoking the ban on beef sale. The court, while taking up the second PIL seeking revocation of the ban on beef sale, had asked the Government to explain its position on the issue. Instead of submitting its stand on the issue the state Government filed a petition in the Supreme Court seeking the Apex court's opinion on the issue. Panthers Party Chairman, Harsh Dev Singh, had berated the state Government for having knocked the doors of the Apex Court instead of making its stand clear on the issue.
He has said that he Government, instead of giving its opinion on the matter, as had been suggested by the High Court, the state Government approached the Supreme Court for its opinion simply to escape unnecessary criticism.
The Panthers Party leader seems to be correct when he said that the Srinagar bench of the High Court had not given contradictory judgement on the beef issue and hence there was no need for the state Government to approach the Apex court seeking its opinion in the light of two contradictory judgements given by he two benches of the High Court when the Srinagar bench had not given any ruling on the matter which could have been treated as contradictory by the state Government. This way the controversy over beef ban stands unresolved because the way he High Court has referred the matter to the Government with suggestion that it was upto the Government to review the old law and find out whether there was need for new legislation or need for amending some provisions of the Ranbir Penal Code in relation to bovine slaughter ban. Now that the matter is in the court of the state Government it is supposed to play the ball. Indications are that since the High Court has not given any time limit for reviewing the law the state Government may keep the matter under the carpet in order to prevent a major conflict and controversy from derailing peace in Jammu and Kashmir. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
