Calcutta High Court Upholds Restrictions on Cattle Slaughter
In a significant decision, the Calcutta High Court has chosen not to intervene in the West Bengal government’s recent notification imposing restrictions on the slaughter of certain animals before Bakr Eid (Eid al-Adha). The order was passed by the Division Bench consisting of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen in the case of Ramkrishna Pal v The State of West Bengal & Ors.
According to the Bench, the government’s notification aligns with previous High Court orders. “The order passed by the coordinate Bench in WP 328 of 2018 has attained finality. We find no basis to stay or set aside the public notice dated May 13, 2026. Thus, these petitions are dismissed regarding the notice dated May 13, 2026,” the court stated.
Details of the Government Notification
The notification, issued on May 13, explicitly states that bulls, bullocks, cows, calves, and buffaloes cannot be slaughtered without a certificate declaring them unfit. Additionally, these certified animals can only be slaughtered in approved facilities. The notice also permits inspections to prevent illegal slaughtering.
The court acknowledged the necessity for the state to ensure a proper mechanism for issuing certificates under the West Bengal Animal Slaughter Control Act. The Bench remarked, “If any deficiency is found by the State, we hope and trust that the same shall be cured at the earliest.”
Petitions and Arguments
Among the petitions, Trinamool Congress MLA Akhruzzaman argued against the restrictions, stating that they hinder the religious obligation of animal sacrifice during Eid. The petitioner noted that larger animals like buffaloes, bulls, or bullocks are the only viable options for many Muslims due to the high cost of goats and sheep during this period.
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Contrastingly, another petition urged the court to amend the notice by adding two conditions: prohibiting the slaughter of animals in open public spaces and clarifying that cow sacrifice is not a religious requirement.
Court’s Ruling and Observations
The High Court observed that the Supreme Court has previously ruled that cow sacrifice is not a part of the Islamic festival of Id-Uz-Zuha. Consequently, the court directed the state to consider amending the notice to include the suggested conditions.
Furthermore, the court permitted the state to decide on granting exemptions under Section 12 of the West Bengal Animal Slaughter Control Act within 24 hours, given the proximity of the festival dates.
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Senior Advocates Bikash Ranjan Bhattacharjee and Shadan Farasat, among others, represented the petitioners, while Additional Solicitor General Ashok Kumar Chakraborty represented the Union of India. Senior Standing Counsel Nilanjan Bhattacharya appeared for the state, and Senior Advocate Dhiraj Kr Trivedi represented the police.
