J&K high court orders police to enforce beef ban in the state

Srinagar: The Jammu and Kashmir high court on Thursday banned the ‘sale of beef’ in the state in spite of the fact that it is a Muslim majority state. The state machinery has been ordered to strictly enforce the ban in the valley.

A division bench of the High Court comprising Justice Dhiraj Singh Thakur and Justice Janak Raj Kotwal actually banned sale of beef in Jammu and Kashmir after a Public Interest Litigation (PIL) filed before it by local lawyer Parimoksh Seth had claimed that though slaughtering or killing of cow, ox, bull and calf is a punishable offence under the Ranbir Penal Code’s relevant provisions, the slaughter of these bovine animals was rampant in the state.

After hearing senior advocate Sunil Sethi for the PIL and additional advocate general Vishal Sharma who appeared for the State, the division bench issued direction to Director General Police to ensure that appropriate directions are issued to all SSPs/SPs/SHOs for enforcement of ban on the sale of beef.

“Strict action shall be taken in accordance with law against those who indulge in this activity”, it further directed. Earlier, the court observed that the ‘Divisional Commissioner Kashmir’ has not filed an appropriate response regarding the smuggling and slaughtering of bovine animals and subsequently their sale especially in Kashmir Valley”. He was then directed to file an appropriate response.

J&K’s Ranbir Penal Code (RPC), 1932, which, under its Sections 298-A and 298-B, governs the slaughter of cattle in the State, says voluntary slaughter of any bovine animal such as cow, ox, bull or calf shall be punished with imprisonment of either description which may extend to 10 years and shall also be liable to fine. The fine may extend to five times the price of the animals slaughtered as determined by the court. Possession of the flesh of slaughtered animals is also an offence punishable with imprisonment up to 1 year and fine up to Rs. 500.  The law was first introduced during the autocratic Dogra rule in 1896, was retained by the post-1947 government. But a beef ban had never been strictly enforced in the state before.

BJP, which rules the State in partnership with regional Peoples’ Democratic Party (PDP) welcomed the court order. Ishfaq-Ur-Rehman Poswal, a local leader and national executive member of party’s ST Morcha said, “It, indeed, is a good verdict by the top court of state. The state government should forcefully implement the court’s decision so that slaughtering of domestic animals is stopped forthwith.”

However, separatist leader Nayeem Ahmed Khan sharply reacted to the ban order and urged Muslims to defy it by slaughtering only bovine animals on the coming Eid-ul-Zuha or Bakar Eid “to protest against the illogical order". He said in a statement here, “Enough is enough. No power on earth can change Halal(permissible) into Haram(unlawful) or Haram into Halal...Muslims have to follow sharia law and not the dictations of any court, government or bureaucracy.”

Haji Abdul Razak, a representative of Kashmir meat sellers, clarified that it is only buffalo meat, which is sold openly at meat shops. “The Ranbir Penal Code’s Sections 298-A and 298-B do not forbid slaughtering of buffalos,” he said adding “Vested interests are indulging in false propaganda that the cow slaughter is taking place in the Valley”.

However, Kashmiri Pandit Sangarsh Samiti (KPSS) had recently said that it was feeling aghast at what it alleged was inaction and silent approach of the Jammu and Kashmir administration particularly the Municipality health officers towards beef being openly sold at meat shops in Srinagar and other places. It had said. “The activity tantamount to hurting religious sentiments of the minority community."

Officials of Srinagar Municipal Corporation said that most of the meat shops that have mushroomed across Srinagar and beyond over the years sell carabeef or buffen (buffalo meat) not cow beef. The authorities said that violation of the ban on cow slaughter has evoked serious action under law in the past.

In September 2010, the DC of Jammu region's Reasi district had slapped the State's stringent Public Safety Act (PSA) against two persons accused of cow slaughtering. The duo Asgar Hussain and Muhammad Razaq was subsequently sent to jail, they said.