Sacrificing cow not part of Eid: Calcutta High Court rejects plea against cattle slaughter restrictions

The Calcutta High Court on Thursday declined to interfere with West Bengal government's recent notification restricting the slaughter of bulls, bullocks, cows, calves and buffalos ahead of next week's Bakr Eid (Eid al-Adha) [Ramkrishna Pal v The State of West Bengal & Ors].A Division Bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen said the notification was issued in compliance with earlier 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 passed the decision on a batch of petitions challenging the guidelines issued by the West Bengal government under the West Bengal Animal Slaughter Control Act ahead of the Bakr Eid (Eid al-Adha) next week.In a public notice issued on May 13, the government said that bulls, bullocks, cows, calves and buffalos cannot be slaughtered without a certificate of their lack of fitness.It also said the certified unfit animals can be slaughtered only in slaughter houses approved by authorities. It also allowed inspection of any premises to prevent illegal slaughtering of animals..While refusing to interfere with the notice, the Court said that it will be lawful for the State to examine whether there exists a proper mechanism for issuance of necessary certificate under the Act and Rules for slaughter of animals."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 had argued that the religious obligation of animal sacrifice cannot lawfully be performed on the upcoming Eid days as the State had failed to grant an exemption under Section 12 of the West Bengal Animal Slaughter Control Act in the notice issued on May 13.Section 12 of the Act empowers the State government to exempt, by general or special order and subject to conditions, the slaughter of any animal for religious purposes, the plea said.Akhruzzaman contended that sacrifice of larger animals like buffalo, bulls or bullocks is the only economically practicable means of fulfilling the obligation for a majority of Muslims."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 contrast, another petition before the Court said that two more conditions be added to the notice. The conditions are: (i) the authorities be directed to incorporate two additional points relating to slaughter of animals including the cows and buffalos in any open public place is strictly prohibited and (ii) sacrifice of a cow is not part of any religious requirement/ festival. .In the ruling, the Court said that the Supreme Court has already held that sacrifice of a cow is not a part of festival of Id-Uz-Zuha and is not a religious requirement under Islam."We find no difficulty in directing the State to consider amendment of the impugned notice by inserting aforesaid two conditions forthwith. We order accordingly," the Court directed.However, the Court also said that the State can take a decision under Section 12 of the Act regarding exemption as prayed for by certain 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 ordered..Senior Advocates Bikash Ranjan Bhattacharjee, Shadan Farasat and other counsel appeared for the petitioners.Additional Solicitor General Ashok Kumar Chakraborty represented the Union of India.Senior Standing Counsel Nilanjan Bhattacharya appeared for the State.Senior Advocate Dhiraj Kr Trivedi appeared for the policeStanding Counsel Nilotpal Chatterjee appeared for the Kolkata Municipal Corporation. .[Read Judgment]