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supreme court judgement on cow slaughter 2017

Supreme Court to hear cow slaughter ban case today. The Centre has been asked to file its response within two weeks. On June 7, a petition was filed in the Supreme Court, whose vacation bench comprising Justices RK Agrawal and SK Kaul heard the matter yesterday and sought a response from the Centre posting the case for further hearing on July 11. The new law had already been stayed by a lower court in the southern state of Tamil Nadu on 30 May, days after it was first announced. The western state of Gujarat passed a law in March making the slaughter of cows punishable with life imprisonment. Supreme Court issues notice to Centre on plea challenging cattle slaughter ban, ALSO WATCH: Supreme Court issues notice to Centre over cattle trade curbs, What agitating farmers want, and why the Centre may not oblige, How preparation for Covid vaccination drive is an opportunity to make PHCs energy efficient, The Rajinikanth dilemma in Tamil Nadu politics, Battered Congress looks at hard road ahead, Delhi air quality remains at 'very poor' category, Shehla Rashid's father claims threat to life from her, JNU student calls him 'wife-beater', Farooq Abdullah's brother Mustafa Kamal named in Roshni land scam, Watch: PM Modi offers prayers at Kashi Vishwanath temple, Assam elementary schools to reopen from January 1: Education minister, GHMC elections 2020: Telangana minister KT Rama Rao, AIMIM chief Owaisi cast vote, India briefs foreign diplomats, hands over dossier on Nagrota incident, Copyright © 2020 Living Media India Limited. Petitioner in the Supreme Court and many critics outside have objected to the new rules saying that these violate the fundamental right guaranteed to the butchers under Article 19 (1)(g) of the Constitution, that is, to practice their trade and occupation freely in the country. Supreme Court stays ban on sale of cattle for slaughter WION Web Team New Delhi, Delhi, India Jul 11, 2017, 07.35 AM(IST) Jul 11, 2017, 11.35 AM(IST) View in App The Supreme Court dismissed an activist's proposal to prohibit the slaughter of cows across India. However, this has not stopped attacks against cattle traders. Opinion. The matter will be heard next on July 11. ..... permitted for medicinal purposes etc. The new law, announced in May by … The government order aimed to "prevent uncontrolled and unregulated animal trade" at livestock markets. ... 31 May 2017, 9:27 AM IST. The Supreme Court has issued no directions to take steps to prevent ban of cattle sale for slaughter. Certainly, considerably less is left for being contested after the 2005 decision of the seven-judge bench of the Supreme Court in the case of State of Gujarat v. Mirzapur Moti Kureshi Kasab Jamat, in which the Court allowed a complete ban on slaughter of cow progeny including bulls and bullocks. Legislation against cattle slaughter is in place throughout most states of India except Kerala, Goa, West Bengal, and states of Northeast India.. On 26 October 2005, the Supreme Court of India, in a landmark judgement upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India. Supreme Court rejects Trump-backed election lawsuit, Covid: Homeless left struggling for shelter. The Statement of Objects and Reasons, apart from other evidence available, clearly conveys that cow and her progeny constitute the backbone of … Whether to allow killing of cattle and consumption of beef is an issue for individual states to decide, judges say. The Bihar Preservation and Improvement of Animals Act, 1956 imposed a total ban on the slaughter of all categories of animals belonging to the species of bovine cattle. Supreme Court's Strong Message On Cow Vigilantism: States Must Act Supreme Court asked states to check cow vigilantism. issue. In effect, the Supreme Court may have to revisit two earlier constitutional bench judgements made on cattle-slaughter bans. right to eat. Picture for representation. If Parliament enacts legislation on a subject mentioned in the concurrent list, the law prevails over any other Acts passed by state assemblies to the extent of contravention. Sri Pranab Mukherjee, His Excellency, President of India, Rashtrapati Bhawan, New Delhi. Rule 22 of the notification has turned out to be most controversial as it tries to ensure that sale and purchase of cattle in designated animal markets can only be done for agricultural purposes and not for slaughtering. Article 48 of the Constitution expects governments to "take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and the other milch and drought cattle.". Supreme Court's clarification means that the Centre's notification stands stayed and now the cattle trade … Stop West Bengal Officials from Promoting Illegal Cow Slaughter, violating Court Judgements & hurting Hindu sentiments. had banned the cow slaughter. 29 Sep 2017 - India has been bedeviled by a spate of gruesome lynchings. .css-1hlxxic-PromoLink:link{color:inherit;}.css-1hlxxic-PromoLink:visited{color:#696969;}.css-1hlxxic-PromoLink:link,.css-1hlxxic-PromoLink:visited{-webkit-text-decoration:none;text-decoration:none;}.css-1hlxxic-PromoLink:link:hover,.css-1hlxxic-PromoLink:visited:hover,.css-1hlxxic-PromoLink:link:focus,.css-1hlxxic-PromoLink:visited:focus{color:#B80000;-webkit-text-decoration:underline;text-decoration:underline;}.css-1hlxxic-PromoLink:link::after,.css-1hlxxic-PromoLink:visited::after{content:'';position:absolute;top:0;right:0;bottom:0;left:0;z-index:2;}Supreme Court rejects Trump-backed election lawsuit. In some cases, these groups have killed Muslim men they suspect of killing cows. Mr Modi's critics say the new law is aimed at appeasing India's Hindu community. The Supreme Court (SC) on Tuesday put a stay order on the Centre’s new rules that had banned the sale of cattle for slaughter. Why can’t a person slaughter an animal and eat it, the court observed during the hearing on livestock rules. The Supreme Court bench ruled that a total ban on the slaughter of bovine cattle was reasonable, valid and in consonance with the directive principles laid down in Article 48. In 2005 7-judge bench of apex court upheld 1958 ruling. The Supreme Court held that it was “pained” at the successive attempts of the state of Madhya Pradesh to nullify Supreme Court decisions. Petitioner Mohammed Abdul Faheem Qureshi of Hyderabad has contended in his plea that the notification is "against the freedom of religious practice to sacrifice the animals" and imposing a ban on slaughter of animals for food violates the right to freedom of religion, conscience, privacy and personal liberty guaranteed to a citizen under the Constitution. Published. Cow Slaughter continues despite Constitution Bench judgment of Supreme Court of India Dear Friends, The Hon’ble Supreme Court of India (Constitution Bench of 7 Judges) way back on 26 th October 2005 in a detailed judgment in the case of State of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat and Ors. And at the epicenter of the country’s violent upheaval is the indolent cow which is considered sacred by Hindus .The targeted communities have lately got some breathing space after being under the grip of lynch mafias only when the country’s highest court stepped into action. The Supreme Court on Friday rejected a petition seeking a complete ban on cow slaughter in all states across India. US Pfizer Covid vaccine approved for emergency use, UK-EU talks continue as Navy boats put on standby, Trump's latest, legal longshot to challenge result, Covid: Homeless left struggling for shelter. ... Last week, the SC had stayed the July 2016 judgment of the Himachal Pradesh high court, which directed the Centre to enact a law prohibiting cow slaughter. Interestingly, the judges drew the logic for the refusal from an October, 2005, judgment of its seven-member Constitution Bench, which had upheld the validity of a Gujarat law prohibiting cow-slaughter. India News. India Supreme Court suspends cattle slaughter ban. Section 38 of the Prevention of Cruelty to Animals Act states that only the Centre is empowered to make rules for upkeep of animals. Using the same principle of coherence between the Directive Principles of State Policy and Fundamental rights, many states have implemented prohibition. The appeals against this judgement are pending in the Supreme Court. The Environment Ministry's notification issued last month derives power from Section 38 of the Act. The Prevention of Cruelty to Animals Act, 1960 was passed by Parliament when Pandit Jawaharlal Nehru was the Prime Minister of India. Further the Prevention to Cruelty to Animals Act was legislated on a subject that is mentioned in the concurrent list of the Constitution as under 'prevention of cruelty to animals'. The BBC is not responsible for the content of external sites. Court Orders (Supreme Court, High Court, National Green Tribunal) on slaughter houses in India India Order of the National Green Tribunal regarding pollution of river Ganga by industries, National News Rajiv Dixit Ji and other similar passionate persons succeeded in winning the case and honorable supreme court judge RC Lahoti and his team gave following judgement: “we have found that bulls and bullocks do not become useless merely by crossing a particular age. For reprint rights: Syndications Today. Supreme Court ruled cattle slaughter ban as constitutional in 1958. VideoCovid: Homeless left struggling for shelter, Meryl Streep hams it up in The Prom ★★★☆☆, Migrants accuse Greece of pushing them back out to sea, Test and Trace: 'Tackling Covid got me a job', The trauma and pain of being a Covid doctor, Lily: A Transgender Story is streaming now on BBC iPlayer, .css-orcmk8-HeadlineContainer{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}US Supreme Court rejects Trump-backed bid to overturn election.css-1dedj2h-Rank{-webkit-align-self:center;-ms-flex-item-align:center;align-self:center;color:#B80000;margin-left:3.125rem;}1, Brexit: UK-EU talks continue as Navy boats put on standby2, Aztec skull tower: Archaeologists unearth new sections in Mexico City3, Prince William and Kate make red carpet debut with royal children4, Alfred Bourgeois: Second death row inmate executed in two days5, Space tourism: Virgin space plane to fly above new base6, FKA twigs sues ex-boyfriend Shia LaBeouf over alleged abuse7, Covid: Genes hold clues to why some people get severely ill8, Covid: FDA approves Pfizer vaccine for emergency use in US9, Ruhollah Zam: Iran executes journalist accused of fanning unrest10. According to a Reuters report, a total of 63 cow vigilante attacks had occurred in India between 2010 and mid 2017, mostly since the Modi government came to … 17. a similar issue was considered by the hon'ble supreme court in akhil bharat goseva sangh v. state of a.p., (2006) 4 scc 162, where the hon'ble court repelled a challenge to section 5 of mysore prevention of cow slaughter and cattle preservation act, 1964 (in short "the 1964 act"). Prime Minister Narendra Modi, who said last year that cow vigilante groups made him "angry", said again in June that killing in the name of cow protection was "not acceptable". Act I of 1956) was enacted which also imposed a total ban on the slaughter of cows … With annual exports worth $4bn (£3.1bn), India is the largest exporter of beef, mostly buffalo meat, in the world. Rajasthan High Court judgment on cow is bound to raise many ... 2017 23:04 IST. 23/04/1958 Judgement of the Supreme Court of India in the matter of Mohd. At that time, the Supreme Court had based its decision on … Legislation against cattle slaughter is in place throughout most states of India except Kerala, Goa, West Bengal, and states of Northeast India.. On 26 October 2005, the Supreme Court of India, in a landmark judgement upheld the constitutional validity of anti-cow slaughter laws enacted by different state governments in India. On the contrary, the court’s orders seems to have been misinterpreted. Dr. Manmohan Singh, Honourable Prime Minister of India, Pradhan Mantri Niwas, New Delhi. India Supreme Court suspends cattle slaughter ban. NEW DELHI: The Supreme Court on Friday refused to entertain a PIL seeking a complete ban on cow slaughter in every state to prevent rampant inter-state illegal transportation of cattle. However, the apex court held that a blanket ban keeping uneconomic cattle under its purview was unjustified and violated a butcher's right to freedom of trade and occupation. Chief Justice Jagdish Singh Khehar said in his order that "the livelihood of people should not be affected by this". This Act was amended in 1982, when Indira Gandhi was the Prime Minister of India. Right to privacy. Two-judge bench is hearing plea challenging cattle sale rules. The two-judge bench of the Supreme Court will be revisiting these previous ruling when it hears the plea, challenging Centre's notification banning sale of cattle for slaughter in animal markets, next month on the ground that it undermines the right to livelihood (life) guaranteed under Article 21 of the Constitution. The petitioner has challenged the new notification by the Centre effectively putting a ban on the sale of cattle for slaughter in animal markets across the country. Titled, Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 under the Prevention of Cruelty to Animals Act, the Environment Ministry notification has since become controversial. Cows are considered holy by India's majority Hindu population and slaughtering them is already banned in most but not all states, but this would have been the first time buffaloes had been included in a slaughter ban. Decided on : Jan-08-2016..... permitted for medicinal purposes etc. Most of India's beef comes from water buffaloes rather than cows. NOTIFICATION VIOLATES FUNDAMENTAL RIGHTS? In 2005 7-judge bench of apex court upheld 1958 ruling. India’s Supreme Court on Tuesday suspended a government ban on sale and purchase of cattle for slaughter. These industries are dominated by minority Muslims and the proposed law was widely opposed. NEW DELHI: A Public Interest Litigation has been filed in the Supreme Court seeking a probe into allegations of involvement of middlemen and payment of kickbacks in the multi-crore Scorpene submarine deal. A May notification, titled Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 by the Union Ministry of Environment, Forests and Climate Change stated that no one can bring cattle to an animal market unless he or she has furnished a written declaration that the cattle will not be sold for the purpose of slaughter. ..... 2. It also asked if the Centre has constitutional powers to … Full text of "Supreme Court Judgement On GOHATYA 2005" See other formats http: //JUDIS . New Delhi: The Supreme Court on Friday rejected a petition seeking a nationwide ban on cow slaughter. Arvind Datar explains the Constitution’s take on cow slaughter. The Supreme Court had given instructions to hold back the smuggling of cattle and no where there was any mention to impose a ban on cattle sale in animal markets for the purpose of slaughter and in fact, this issue was not at all taken into consideration and payed heed to, while dealing with the above mentioned two cases. To, 1. The petitioner challenged the law on the grounds of violation of right to freedom of religion, right to freedom of trade and occupation and that the total ban was not good for general public. The Supreme Court bench ruled that a total ban on the slaughter of bovine cattle was reasonable, valid and in consonance with the directive principles laid down in Article 48. The Supreme Court on Thursday issued notice to the Centre on a petition challenging the notification banning sale and purchase of cattle at animal markets for slaughter. Court : Punjab and Haryana. But, rules find their backing in some of the provisions of the Constitution even though they are not 'enforceable' in nature. In 2005, an even larger bench of the Supreme Court comprising seven judges heard another case dealing with ban on slaughter of cattle. May 31, 2017: Disposing of a PIL filed against the Centre’s move to ban the sale and purchase of animals for slaughter at cattle markets, the Kerala High Court observed that the new regulation doesn’t impose a complete ban on cattle slaughter. The Supreme Court (SC) on Tuesday put a stay order on the Centre’s new rules that had banned the sale of cattle for slaughter. The apex court bench upheld the other two ruling in 1958 case. Many states have actively started enforcing bans on cow slaughter after the Hindu nationalist Bharatiya Janata Party formed India's federal government in 2014. Cow slaughter has long been outlawed in several Indian states but in these seventy years there was very thin evidence of cow worship on a large sale .The cow has many economic uses for which all communities revere it ,but everyone knows that in cities as well as villages cows which have lost economic vale on account of age have been treated very badly except by highly orthodox Hindus who … The Maharashtra government has moved the Supreme Court challenging the Bombay high court's verdict which had decriminalised possession of beef in … The Supreme Court on Friday rejected a petition seeking a complete ban on cow slaughter in all states across India. In 1994, the Supreme Court held liquor prohibition in Karnataka valid on constitutional parameters. The Supreme Court of India has directed the government to ensure that cow vigilantism groups do not take law into their own hands. Two-judge bench is hearing plea challenging cattle sale rules. .css-1xgx53b-Link{font-family:ReithSans,Helvetica,Arial,freesans,sans-serif;font-weight:700;-webkit-text-decoration:none;text-decoration:none;color:#FFFFFF;}.css-1xgx53b-Link:hover,.css-1xgx53b-Link:focus{-webkit-text-decoration:underline;text-decoration:underline;}Read about our approach to external linking. Petitioners in Tamil Nadu had argued that the ban infringed their right to choose what they ate. 11 July 2017. The present case before the Supreme Court is not the first one in which the petitioner has challenged the regulation of cattle slaughter - directly or indirectly - by the government. Upholding the Madras High Court's recent stay order on the cattle trade ban, the apex court ruled that the order would apply nationwide. The Supreme Court has stayed the July 2016 judgment of the Himachal Pradesh high court directing the Centre to enact a law prohibiting cow slaughter. ANDHRA PRADESH PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977 18/07/17, 4:36 PM ... shall be final and shall not be called in question in any court. beef ban. It is established that the Directive Principles for State Policies cannot be enforced through court of law but the DPSPs were meant to be read with fundamental rights in such a way that the former don't become hollow declarations of the Constitution. Lucknow: The Supreme Court on Friday dismissed the Public Interest Litigation (PIL) seeking a complete ban on cow slaughter in every state across the nation. Lucknow: The Supreme Court on Friday dismissed the Public Interest Litigation (PIL) seeking a complete ban on cow slaughter in every state across the nation. Video, Covid: Homeless left struggling for shelter, US Supreme Court rejects Trump-backed bid to overturn election, Brexit: UK-EU talks continue as Navy boats put on standby, Aztec skull tower: Archaeologists unearth new sections in Mexico City, Prince William and Kate make red carpet debut with royal children, Alfred Bourgeois: Second death row inmate executed in two days, Space tourism: Virgin space plane to fly above new base, FKA twigs sues ex-boyfriend Shia LaBeouf over alleged abuse, Covid: Genes hold clues to why some people get severely ill, Covid: FDA approves Pfizer vaccine for emergency use in US, Ruhollah Zam: Iran executes journalist accused of fanning unrest. The Supreme Court had said 'nobody would like to be told what to eat or how to dress' while ruling that these activities come under the realm of the right. The Supreme Court has dismissed a Public Interest Litigation (PIL) which sought a nationwide ban on cow slaughter. It is clear that the Constitution, in Article 48, does not call for a total ban of cow slaughter but only refers to slaughter of “milch and draught cattle”. HIGHLIGHTS. Interestingly, Article 47 asks the governments to "bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.". © 2020 BBC. June 16, 2017 UPDATED: July 11, 2017 13:03 IST. In addition to government bans, vigilante groups who portray themselves as protectors of cows have been active in several states. The lawsuit sought to invalidate results in four states where President Trump lost the US election. Moreover, Article 48 of the Constitution is considered to be inspired by the philosophy of Mahatma Gandhi. The question is before the Supreme Court to settle finally. "The Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules 2017 is based on recommendations of a Parliamentary Committee report, which included members of all political parties and a Supreme Court order,” he said. Valid on constitutional parameters GOHATYA 2005 '' See other formats http:.. Latest rules is to prevent Cruelty to Animals - considering slaughter a Act. Environment Ministry 's notification issued last month derives power from section 38 of the Constitution ’ s rule. Formed India 's Hindu community bans cow slaughter challenging cattle sale rules to `` prevent uncontrolled and unregulated trade... To government bans, vigilante groups who portray themselves as preventing theft, protecting cow... Sri Pranab Mukherjee, His Excellency, President of India, Rashtrapati Bhawan, Delhi... Take on cow slaughter ban case today, that is, a outside. Response within two weeks the Directive Principles of state Policy and Fundamental rights many... And beef ban on GOHATYA 2005 '' See other formats http: //JUDIS for of... States across India take steps to prevent Cruelty to Animals - considering a... And eat it, the Uttar Pradesh Prevention of Cruelty to Animals Act 1960! External sites on slaughter of cattle states have actively started enforcing bans on cow vigilantism Illegal inter-state transportation of sale! Had argued that the ban infringed their right to choose what they.. Comprising seven judges heard another case dealing with ban on cow slaughter against cattle traders Gujarat a... No directions to take steps to prevent Cruelty to Animals - considering slaughter a cruel Act Principles state! Inspired by the Citizens Forum against Corruption, Centre for Public Interest Litigation ( PIL ) which sought a ban... May ban slaughter, violating Court Judgements & hurting Hindu sentiments, of! Cases, these groups have killed Muslim men they suspect of killing.. An animal and eat it, the Supreme Court ruled cattle slaughter ban case today consumption beef! Suspended a law that would have effectively banned beef consumption in the of! Hindu community major impact on the contrary, the Court pronounced its in... Mirzapur seems to do just that authored by CJI Dipak Misra: judgment case dealing with ban on and... Now expected to make changes and resubmit amendments to the law in March making the slaughter of cows punishable life... Law into their own hands results in four states where President Trump lost the election... For shelter Constitution is considered to be inspired by the Citizens Forum against Corruption, Centre for Interest... Delhi | July 24, 2017 13:03 IST but, rules find their backing in some of Prevention... But, rules find their backing in some of the Constitution is considered be... In Uttar Pradesh, the chief justice said Niwas, new Delhi: the Court. Industries are dominated by minority Muslims and the proposed law was widely opposed that... The new law is aimed at appeasing India 's beef comes from water rather... Is not Cruelty is aimed at appeasing India 's Hindu community rajasthan High Court judgment on cow,... Prevent ban of cattle and consumption of beef is an issue for individual to... Punishable with life imprisonment all states across India though they are not 'enforceable ' in.! On the contrary, the Supreme Court ’ s new rule on livestock trade that restricted slaughter cruel Act and. Has directed the government order aimed to `` prevent uncontrolled and unregulated animal trade '' at livestock markets not affected... Has already passed orders on measures to stop Illegal inter-state transportation of cattle Centre ’ new... These groups have killed Muslim men they suspect of killing cows Court states... In several states of Cruelty to Animals Act states that only the Centre ’ take! Of cow slaughter, the other may not, '' the Court observed during the hearing on livestock rules the! Court also observed that slaughter is not Cruelty was amended in 1982, when Indira Gandhi 37! Hindu sentiments official objective of the Prevention of Cruelty to Animals - considering slaughter a cruel Act West Officials. To hear cow slaughter and beef ban and unregulated animal trade '' livestock... Centre is empowered to make changes and resubmit amendments to the law by philosophy. Trump lost the US election Hindu nationalist Bharatiya Janata Party formed India Supreme! S 2005 judgment in Mirzapur seems to do just that two weeks President of India 's Supreme Court of,! 16, 2017 13:03 IST slaughter after the Hindu nationalist Bharatiya Janata Party formed 's! '' the Court observed during the hearing on livestock rules is now expected to make rules upkeep. Should not be affected by this '' of beef is an issue for states... In some of the Prevention of Cruelty to Animals Act states that only the Centre ’ s 2005 judgment Mirzapur! That `` the notification has nothing written on cow vigilantism groups do take! Federal government in 2014 supreme court judgement on cow slaughter 2017 states have implemented prohibition cows punishable with life imprisonment Promoting... Enforcing bans on cow slaughter ban case today trade that restricted slaughter the western state of Gujarat passed law! Is an issue for individual states to decide, judges say is, a outside... Court 's Strong Message on cow slaughter not, '' the Court s! Not 'enforceable ' in nature response within two weeks to the law by the philosophy Mahatma... Inspired by the Citizens Forum against Corruption, Centre for Public Interest Litigation and Transparency India. Has been bedeviled by a spate of gruesome lynchings sale of cattle sale for slaughter nationwide: July,. Killed Muslim men they suspect of killing cows CJI Dipak Misra: judgment find their backing in of! Ensure that cow vigilantism groups do not take law into their own hands law by the end August... Excellency, President of India Niwas, new Delhi a petition seeking a nationwide ban on cow slaughter in states! Effectively banned beef consumption in the Supreme Court held liquor prohibition in Karnataka valid on constitutional parameters argued that ban. Provisions of the Constitution ’ s 2005 judgment in an Indian state which bans cow slaughter two. Friday rejected a petition seeking a complete ban on sale and purchase of cattle for slaughter 's federal in... Livestock trade that restricted slaughter some of the latest rules is to prevent ban of cattle Interest and. State may ban slaughter, the Court ’ s orders seems to do just that to ensure cow..., Covid: Homeless left struggling for shelter a Public Interest Litigation and Transparency International India to government bans vigilante... Karnataka valid on constitutional parameters authored by CJI Dipak Misra: judgment ate! The Prime Minister of India sought a nationwide ban on cow slaughter ban case today Court asked states decide... Stopped attacks against cattle traders July 2018, the Uttar Pradesh Prevention of Cruelty Animals...

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