The Calcutta High Court on Thursday refused to interfere with the West Bengal government’s recent notification restricting the slaughter of bulls, bullocks, cows, calves and buffaloes ahead of next week’s Eid al-Adha, observing that the May 13 notification merely implemented directions earlier issued by the Court itself in 2018.
A Division Bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that the notification had been issued in compliance with previous orders passed by the High Court.
“This is also not in dispute that the order passed by the coordinate Bench in WP 328 of 2018 has attained finality. In this view of this matter, we find no basis to stay or set aside the public notice dated 13.05.2026. Thus, these petitions are dismissed so far notice dated 13.05.2026 is concerned,” the Bench said.
The Court was hearing a batch of petitions challenging the guidelines issued by the West Bengal government under the West Bengal Animal Slaughter Control Act ahead of Bakrid next week.
In its public notice issued on May 13, the state government said that bulls, bullocks, cows, calves and buffaloes cannot be slaughtered without a certificate declaring them unfit.
According to a Bar and Bench report, the court further stated that only animals certified unfit could be slaughtered, and that too only at authorised slaughterhouses approved by the authorities.
The notification also empowered authorities to inspect premises to prevent illegal animal slaughter.
While declining to stay the notice, the High Court said the state would be within its rights to examine whether an adequate mechanism existed for issuing the required certificates under the Act and Rules.
“In addition, whether responsible officers are in place in the state for issuing such certificate and whether the necessary infrastructure is at place in the entire state where slaughter can take place. If any deficiency is found by the state, we hope and trust that same shall be cured at the earliest,” it added.
In one of the petitions, Trinamool Congress MLA Akhruzzaman argued that the religious practice of animal sacrifice during the upcoming Eid al-Adha could not be lawfully carried out as the state government, in its May 13 notification, had failed to grant exemptions under Section 12 of the West Bengal Animal Slaughter Control Act.
Section 12 empowers the state government to permit, through a general or special order and subject to certain conditions, the slaughter of animals for religious purposes.
Akhruzzaman further contended that for a majority of Muslims, sacrificing larger animals such as buffaloes, bulls or bullocks remains the only economically viable way to fulfil the religious obligation.
“The price of goats and sheep rises steeply in the period immediately preceding Bakrid, rendering them an option exclusively for wealthier Muslims,” the plea contended.
In its ruling, the court also observed that the Supreme Court had previously held that cow sacrifice is neither an essential part of Eid al-Adha nor a mandatory religious practice under Islam.
The Bench said it saw “no difficulty” in directing the State government to amend the impugned notification by incorporating the two conditions referred to by the Court, and ordered the same to be done immediately.
At the same time, the Court clarified that the State government was free to take an independent decision under Section 12 of the West Bengal Animal Slaughter Control Act regarding exemptions sought by some of the petitioners.
“Considering the fact that the festivals may take place on 27/28th of this month, the State shall take a decision in this regard within 24 hours from the date of communication of this order,” the Bench directed.
Source: India Today
