Friday, March 29, 2024
 
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Is Kashmir becoming intolerant?



By K B Jandial


Kashmir has once again belied Mahatma Gandhi’s ray of hope which he saw coming from Kashmir amidst communal holocaust in some parts of the country at the dawn of independence. Not for the first time, it had negated him during the beginning of militancy in early ninety when Kashmiri Pundits were rooted out leading to their near total migration which could not be reversed even after 25 years. Shedding of cows’ blood makes KP’s return to their roots impossible.


Is Kashmir becoming intolerant to other faiths? In brazen disregard to well known sentiments of Hindus who considered cow as scared, blatant violation of century old criminal law and defying court orders, cows slaughtering was organized openly by the separatists with the tacit support of Kashmir centric political parties. Like all other Kashmir protests nowadays, these “criminal acts” were marked by Pak & ISIS flags and the Govt. looking the other way.


It all started with the interim direction of the Division Bench of J&K High Court in Jammu on 9th September, 2015 in a PIL filed last year by a Jammu lawyer, issued to DGP to strictly enforce a 153-year old law relating slaughter of cow and possessing beef. It only reiterated the existing legal position.


The PIL sought court’s intervention in enforcement of the existing law as slaughtering and sale of bovine animals is “rampant in some parts of the State with the active connivance of authorities which severely affects religious sentiments of a section of the society.”The Bench directed the DGP to issue appropriate directions to all the SSPs/SPs, SHOs of various police districts to prevent sale of beef and take strict action in accordance with law.


J&K has its own penal criminal code – Ranbir Penal Code, enacted in 1862, almost identical to Indian Penal Code. All offences in J&K are dealt with RPC and not by IPC. Section 298 A of the RPC makes “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.” Section 298 B says “possessing the flesh (of) such an animal is a cognizable, non-bailable offence punishable with imprisonment of one year and a fine.”


Giving a religious colour, the separatists provoked Muslims by saying that Court order is interference in the matters of Muslims. Situation came handy to separatists who were left with no public issue after Modi Govt. snubbed them on their self acquired role in Indo-Pak talks. SAS Geelani, Mirwaiz Umar Farooq and others flooded the media with statements for defiance of court order besides calling for protests and shutdowns. Some even called the “ban” as politically motivated and reflection of BJP ideology which is contempt of court.


Acting irrationally on a century and half old law and provoking Hindu sentiments all over India, Mufti Azam and some Ulemas issued fatwa to the Muslims to perform “gao qurbani” on forthcoming Eid-ul-Azha instead of goats. The Muttaheda-Majlis-e-Ulema chaired by Mirwaiz Umar Farooq, passed a contemptuous resolution to this effect.
This sensitive issue dominated the social media with abhor-some pictures of beef pieces (displayed prominently in local dailies also) and dishes posted immediately with outrageous comments. ‘Why can’t you respect our religious values?’ “The order is completely against Islamic principles. In Islam, we are “allowed” to eat beef. No one can change Islamic laws.” The Kashmiri reactions centered around “interference in their religious affairs” and “hurt” feelings.



Is it really interfering in to Muslims’ religious affairs? Are they preordained to slaughter cows and eat beef only? Will slaughtering of cow in brazen manner ensure their passage into haven? What about those hundreds of thousands of health conscious Muslims who have stopped eating mutton? If the law was anti Muslim why NC didn’t scrap it right in 1947 or during their rule spread over four decades? Why didn’t 3-time MLA Syed Geelani or any other Muslim lawmaker ever introduce Bill in Assembly to scrap this anti- Muslim law till now?


Jammu watched the sad developments with cool and calmness even though the people’s sentiments are completely outraged. Political parties, as usual, playing dirty politics despite knowing that it has huge potential of discord and backlash. But Jammu has always shown remarkable restraints to such provocations in the past and they did it today as well.


Why Kashmir is allowed to follow a path not in tune with State’s glorious composite cultural heritage? Is this the Kashmiriyat which Kashmiri leaders of all hues are not tired of parroting in every now and then? There is no effort, whatsoever, by the political leadership or even by otherwise very vocal civil society to bring serenity in the situation and douse the “fire”. Kashmir which is almost a monolith society does not seem to have any concern for the minorities which hardly exist there. Is it the beginning of majority fixing code for minorities in Muslim majority State?

Mostly converts, Kashmiri Muslims are not ignorant about Hindus rituals, festivals, traditions and sentiments and vice versa. In secular state, people of all faiths respect sentiments of each others’ religious sentiments and refrain from hurting these. In the long association with Kashmiri Muslims spreading over four decades, liking for beef was never noticed. Lakhs of Kashmiri Muslims must not have tasted beef. Some friends did narrate how their elders commanded them to desist from cooking mutton even a day before Hindu festivals as a mark of respect to Hindu neighbors and their sentiments. That was Kashmiriyat!


Respect for others’ sentiments has been the hallmark of Indian ethos and traditions. India has a checkered past with cow slaughter bans. The Mughals ruled India for three centuries and the British colonized the country for two centuries. The first Mughal emperor, Babur, had banned cow slaughter in 1527 only out of respect for Hindus. That is a different matter some Hindu kings did not enforce the ban. The big picture today is a mixed one: On the one hand, there are Muslims and Christians who don’t eat beef out of respect for their Hindu neighbors. On the other, there are Hindus who don’t mind eating beef.


How can Kashmir forget that a factor responsible for 1857 mutiny was also introduction of pork and beef-greased cartridges for P53 Enfield rifles? The uprising of Indian soldiers was sparked as the ends of these cartridges had to be bitten off before use, enraging Muslims, who don’t eat pork, and Hindus, who don’t eat beef. If Hindus do not considered cow as scared, why there was uprising against Britishers in 1857?


Cows are linked with Lord Krishna and are revered by Hindus. Lord Krishna states in holy Bhagavad Gita in chapter 10, verse 28 “dhenunam asmi kamadhuk”. It means ” among cows I am the wish fulfilling cow”. In this verse Lord Krishna reveals that among cows He is manifested as the kamadhenu and the original wish fulfilling cows known as the surabhi cows. It is belived that the surabhi cow descended from the spiritual world and manifested herself in the heavenly spheres from the aroma of celestial nectar for the benefit of all created beings.


Cows are considered to be the mothers of all creatures. They are verily the mothers of the 33 crores of demigods that administrate creation in the material existence throughout all the universes. Hindus consider cows as goddesses of the gods.


With this background, by slaughtering of holy cows who is interfering in whose religious affairs? It is not Muslims but Hindus’ sentiments that have been outraged. If Muslims don’t slaughter cows and eat beef, at best their” freedom” of eating could be restricted but not infringement of religious rights.


Kashmiri political leadership of NC, CPI(M), Congress and obliquely even PDP have woken up from slumber to fact that the statue book has provisions which is anti-Muslims. NC which has two Hindu MLAs has moved a private member Bill to repeal “offending” sections. Even though Ghulam Nabi Azad made the most sensible statement on this issue asking Kashmiri to restrain from making provocative statements that hurt sentiments across Banihal tunnel, Congress which has no Hindu MLA, is giving confusing statements. Rigzin Jora has reportedly announced support for “any bill that may be tabled in the State Assembly for scrapping the law on beef ban”


Article 48 of the Constitution of India enjoins upon the State to take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and drought cattle. The Govt. has banned cow and other bovine animals in some States both for religious sentiments and national economic interest.


One PDP MP has taken solace from Supreme Court’s observation in the case of four day Maharashtra meat ban for four days that “the meat ban can’t be forced down someone’s throat” and expected favorable judgment from J&K High Court on a PIL filed by two Kashmiri Advocates. The Apex Court also made a mention of “honoring the spirit of tolerance and the sensibilities of people”. Whose spirit of tolerance and sensibilities be respected in this case?


In the landmark judgment in State of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat & ors the Supreme Court in 2005 upheld Gujarat enactment prohibiting slaughter of cows and held it to be “intra vires” of the Constitution. It set aside High Court judgment holding the Act ultra vires of the Constitution and found no justification in changing the apex court’s views on the issue expressed by it in earlier cases. The then Chief Justice R.C. Lahoti who wrote the judgment on behalf of six judges wrote “we are unhesitatingly of the opinion that there is no apparent inconsistency between the Directive Principles which persuaded the State to pass the law and the Fundamental Rights canvassed before the High Court by the writ petitioners.” The ground before the court was not the religious freedom to eat beef but the economic factor and fundamental rights of traders and butchers.



The Court held that “there is no escape from the conclusion that the protection conferred by impugned enactment on cow progeny is needed in the interest of nation’s economy. Merely because it may cause ‘inconvenience’ or some ‘dislocation’ to the butchers, restriction imposed by the impugned enactment does not cease to be in the interest of the general public. The former must yield to the latter.”


Even though there is no end to cow bloodshed in Kashmir, the scene is shifted to legislature. The Assembly has 28 Hindus MLAs, including two of NC, & two Buddhists and if NC succeeds in polarizing the issue to pave away for their Bill to repeal anti- beef sections RPC, it would be difficult for BJP to remain in Govt. In all probability, BJP Speaker would not allow its introduction. So, its fate is likely to be decided by the High Court only. While the State Govt.’s stand is important, Hindus’ point of views needs to be properly represented. Instead of issuing provocative statements like Kashmir blockade, the VHP and Gow Raksha Samiti should send senior Advocates to contest the case.



(The writer is former Secretary Information, health, transport, CAPD departments and a member of Public Service Commission, feedback: [email protected])





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