A division bench of the Jammu and Kashmir high court, comprising of Justice Dhiraj Singh Thakur and Justice Janak Raj Kotwal, had yesterday (9 September 2015) directed the director general of police (DGP) of the state to ensure strict compliance of the order on beef by issuing appropriate directions to all the senior superintendents (SSPs) and station house officers (SHOs) in the state of J&K. The high court was hearing a public suit filed before it.
Questions have been raised about the legal basis of this beef ban. The origin of the J&K High Court ban on the sale of beef in the state can be traced to the Ranbir Penal Code (RPC), an over 150-year-old law. Because of its special status, J&K state has two penal codes, the Indian Penal Code (IPC) and the Ranbir Penal Code (RPC), both of which have almost all sections in common except for a few.
Under section 298A of the RPC, intentionally killing or slaughtering a cow or like animal (including ox and buffalo) is a cognizable, non-bailable offence punishable with 10 years imprisonment and fine. Likewise, under section 298B of RPC, possessing the flesh such an animal is a cognizable, non-bailable offence punishable with imprisonment of one year and fine. It is noteworthy that the RPC was enacted in 1862 by the then Dogra Maharaja of the state almost at the same time at which the IPC also came into force in India. (With inputs from IANS.)
