SRINAGAR, Sep 10: The High Court Bar Association (HCBA) has decided to challenge section 298A and section 298B of RPC, which provides ban on the voluntarily slaughtering or killing cow or the like animals as being unconstitutional, before the High Court of Jammu and Kashmir.
In a statement issued here, the general secretary HCBA has said: “It has also been decided to intervene in a Public Interest Litigation (PIL) petition filed by Parimoksh Seth, Advocate, before the Jammu Wing of the High Court, wherein an order has been passed by the Division Bench of Court, yesterday, imposing ban on slaughtering of Cows in the state and the implementation of the order through police.”
The general secretary HCBA has added that in an Executive Committee meeting held today at Sadder Court premises, the matter came up for discussion and debate and the Executive Members were unanimous in saying that the order passed by the Jammu Wing of the High Court violates the fundamental freedoms of the people more particularly the Muslims of the state and amounts to an interference in their religious matters.
“It was also felt that, before passing the order, the court should have given an opportunity to all sections of the people to express their view point before the court, as the order had far reaching consequences and was going to effect the religious sentiments and beliefs of majority community of the state.”
He added that it was stated that interms of the Personal Law, the Muslims of the World including those living in the State of J&K are ordained to eat the Halal meat of bovine animals including the cows, ox, bull, calf and buffalo and no curbs can be placed on their such right by any court.
“It was also stated that normally the courts should avoid to interfere in the personal matters of any community. However, where it is compelled to interfere in any such matter than without providing an opportunity of being heard to the members of such community, it should not pass any order affecting their fundamental rights. It was also stated that the court while passing the order has not been properly assisted and it was therefore, necessary for the Bar Association to intervene in the matter and assist the court in coming to a just decision of the case,” the HCBA statement added.
The general secretary HCBA said that it was also stated that in most of the states of India, viz. Arunachal Pradesh, Mizoram, Meghalaya, Nagaland, Sikkim, Kerala, Tripura etc. there is no ban on the slaughtering of cows and it is only in the state of J&K that a law, enacted by an autocrat centuries ago, is still on the statute book, which should have been long back repealed, on the ground of it being violative of the fundamental rights of the people and as it has not been so done, as such, the Bar Association has decided to file appropriate proceedings before the court for its setting aside.
Meanwhile, the Executive Members also decided to support the programme given by the Hurriyat Conference (G) against the ban and has decided to request its members to abstain from court work on Saturday i.e., 12th of September, 2015, as a mark of protest against the ban imposed on the slaughtering of cows.
2015 Kashmir Despatch