NEWS: Petition filed in J&K High Court Seeking Re-Enactment of Beef Ban Law

By Legal Wires 4 Minutes Read

The NGO, Save Animals Value Environment (SAVE) filed a petition in J&K High Court, through its chairperson Devinder Kour Madan, seeking direction to the Government of India and administration of Jammu and Kashmir to enact the beef ban law, prohibiting the slaughter of cow and other bovine animals.

The petition states that since the J&K became Union Territory there is no check on the slaughter of cows and other bovine animals, as Ranbir Penal Code (RPC) which enabled the state to protect got repealed.

As Ranbir Penal Code ceased to operate since 31^st October, 2019 “The cows are also intrinsically linked to the religious and cultural sentiments of the minority Hindu population in the Union Territory of Jammu & Kashmir, and such slaughter of a revered living creature may result in the distortion of peace, tranquility and communal harmony in the Union Territory,“ the petition said.

The petitioner also proposed the recommendation made by the Jammu and Kashmir Law Commission headed by Justice (retired) M.K. Hanjura seeking the re-enactment of law.

Further, In its report submitted to the state chief secretary B.V.R. Subrahmanyam in September last year, the commission recommended that the prohibition on slaughter of cows and other animals should be adopted in the Indian Penal Code.

As last year in August, 2019 parliament passed the J&K Re-Organization Act which bifurcated the state.

Therefore, 164 state laws stood repealed, including the RPC, which cannot be applicable to the newly established J&K union territory.

Before it, Beef ban law was part of the Ranbir Penal Code, which was enacted by Maharaja Ranbir Singh in 1862.

Wherein:

Under Section 298-A of the Code, voluntarily killing or slaughtering a cow or any other bovine animal was a punishable offence with imprisonment up to 10 years and liable with fine.

Similarly, Section 298-B also criminalized the possession of flesh such animals and those indulging in such acts were liable for imprisonment for a term which may extend up to one year or fine up to five hundred rupees.

Section 298-C of the RPC also penalised voluntarily killing or slaughtering “he or she buffalo” with a penalty five times more than the price of the slaughtered animal determined by the court.

Now, the Ranbir Penal Code stands repealed and replaced by the Indian Penal Code which does not have any provision related to cow slaughter or sale of beef.

Legal Wires

Team @LegalWires