DATELINE: Kolkata, India
CORRESPONDENT: Legal News Desk
KOLKATA — The Calcutta High Court has declined to interfere with a public notice issued by the West Bengal government imposing strict regulations on the slaughter of cattle, including cows, bulls, and buffaloes, ahead of the upcoming festival of Eid al-Adha (Bakr Eid). The Division Bench, comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, dismissed a batch of petitions challenging the statutory guidelines, ruling that the government’s directives strictly align with established judicial mandates.
The state government’s public notice mandates that no bovine animal can be slaughtered without a formal certificate issued by competent authorities establishing that the animal is permanently unfit for work or breeding. Additionally, the guidelines strictly dictate that any certified unfit animal may only be slaughtered within authorized, state-approved slaughterhouses. To ensure implementation, the administrative order empowers local enforcement agencies to inspect private premises and intercept unauthorized transport networks.
Among the petitioners, legislator Akhruzzaman argued that the sweeping restrictions severely infringe upon traditional practices. The plea contended that larger bovine animals represent the only economically viable sacrificial option for less affluent segments of the community, citing a steep seasonal escalation in the cost of sheep and goats. The petitioner requested the court to direct the state government to exercise its discretionary powers under Section twelve of the West Bengal Animal Slaughter Control Act, which permits conditional exemptions for religious purposes.
However, the High Court observed that previous coordinate bench judgments regulating animal slaughter had already attained legal finality. Reaffirming long-standing jurisprudence established by the Supreme Court of India, the bench observed that the Apex Court has already clarified that the sacrifice of a cow is not an essential religious requirement of Eid al-Adha under Islamic jurisprudence.
Consequently, the bench directed the state administration to explicitly amend its public notification to specify two explicit conditions: an absolute prohibition on animal slaughter in open public spaces, and an explicit clarification regarding the non-mandatory nature of cow sacrifice under religious texts.
While upholding the statutory validity of the restrictions, the High Court provided an administrative avenue for the petitioners, directing the West Bengal government to evaluate and pass a definitive order within twenty-four hours regarding whether any limited socio-religious exemptions will be extended under Section twelve of the Animal Slaughter Control Act.
Discription: The Calcutta High Court has upheld a West Bengal government notice regulating the slaughter of cattle, including cows and buffaloes, ahead of Eid al-Adha. A Division Bench dismissed petitions challenging the rules, which mandate that bovine animals cannot be slaughtered without a fitness certificate, and only within state-approved slaughterhouses.
Petitioners argued the restrictions create financial hardship, as larger animals are more affordable than sheep or goats during the festival. However, referencing Supreme Court precedents, the High Court emphasized that cow sacrifice is not an essential religious requirement under Islamic jurisprudence. The court directed the state to explicitly amend the notice to prohibit public slaughter and clarify this religious context. While upholding the restrictions, the court granted the state government twenty-four hours to decide on potential religious exemptions under the Animal Slaughter Control Act.