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| Coalition Govt may keep Court order under carpet | | |
Will the Government in Jammu and Kashmir implement the suggestion given by the High Court on reviewing the old law which provides ban on slaughter of bovine animal and on sale of beef in the State? Indications are that the Government may keep the Court suggestion under the carpet on two factors. First the coalition Government of PDP-BJP cannot muster the support of a two-third majority needed for either emending the 1932 law or for revoking it. Secondly, the issue has become quite ticklish in the sense that it has generated communal and regional passions. Knowing that majority of people and political leaders in the Kashmir valley re-opposed to any enforcement of the ban on beef sale majority of legislators belonging to the valley, irrespective of the party they belong to, were not prepared to support any amendment of the old law or its revocation. This way even if the PDP, moves a bill aimed at either amending or revoking the 1932 law it will not receive support from the BJP, which shares power with the PDP. In that case the PDP, even with the support of the NC and some independent MLAs from Kashmir, cannot muster the support of 58 members needed for amending or revoking the law. Already the BJP stands on a volcano and if it support the PDP's move to revoke or amend the law the BJP may lose what small support it has from its vote bank in the region of Jammu. Another alternative.If the PDP supports the BJP in enforcing the ban on beef sale it (PDP is sure to lose its vote bank in the Kashmir valley. In fact the High Court suggestion has placed the coalition Government in general and the PDP in particular in a quandary. The Jammu and Kashmir High Court has set aside both the petitions on the beef ban and directed the State Government to come up with a law on the issue that is within the constitutional framework and causes no inter-religious conflict. The 25-page order by the full bench of the court, comprising Justice Muzuffar Hussain Attar, Justice Ali Mohammad Magray and Justice Tashi Rabstan, reads, "The Government in view of observations made in the order shall have to consider reviewing existing laws and take the policy decision within the framework of the constitution, and ensure that no inter-religious conflict takes place amongst the people of State." The State Government has to implement the Court order. But there are two ways for the Government to escape any defamation of the court. Since the Court,in its order,has not fixed any time limit for the Government to undertake the review and come up with a new law the coalition Government can keep the matter pending, that too for an indefinite period without making any announcement or commitment on the matter. Second alternative open for the State Government is to approach the Supreme Court for seeking its opinion and intervention after explaining to the Apex Court the political and security problems the Government may face if it decided to tamper with the 1932 law.It may seek Apex Court's direction on the Government plan to maintain the status quo that existed before September 8, 2015 when the Jammu bench of the High Court had directed the police and other Government agencies for enforcing the ban on bovine slaughter and beef sale in Jammu and Kashmir in pursuance of the 1932 law. Indications from the PDP camp is that the party is neither interested in revoking the law that bans slaughter of bovine animals nor keen to review the old law to give place to a new one. Since the Court is, in its order, stated that the laws that create wedge between the sections of society and have a potential to disturb peace of the society may not be just and valid laws. The PDP can take recourse to this observation by telling the court that the status quo that existed before September 8, 2015 was required for maintaining peace in the State. |
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