Calcutta HC Upholds WB Cattle Slaughter Rules Ahead of Eid

The Calcutta High Court has ruled against a stay on the West Bengal government's notification concerning cattle slaughter rules ahead of Eid-ul-Azha, reinforcing existing regulations and judicial precedents. The court's decision, delivered on May 21, 2026, upholds the state's stringent measures that require a "fit for slaughter" certificate for animals like bulls, bullocks, cows, calves, and buffaloes. This certificate can only be obtained after veterinary assessment of the animal's age (over 14 years) and physical condition, or if it's permanently incapacitated due to age, injury, deformity, or incurable disease. The court's bench, comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, stated that the May 13 notification was in compliance with earlier, unchallenged directions issued by the High Court itself in 2018. The court emphasized that the sacrifice of a cow is not a religious requirement under Islam, referencing a Supreme Court judgment in Mohd. Hanif Quareshi & Ors. Vs. State of Bihar. Furthermore, the High Court explicitly reiterated the prohibition of slaughtering animals, including cows and buffaloes, in open public places. The petitioners, which included Trinamool Congress (TMC) MLA Akhruzzaman and TMC MP Mahua Moitra, had challenged the notification, arguing that it adversely affected religious practices and the rural economy. They contended that the strict regulations made Eid sacrifices impossible and impacted livelihoods dependent on cattle trade. The court, however, found no basis to stay or set aside the public notice, given its alignment with the finalized 2018 order. In a significant move, the bench directed the State to amend the impugned notice by expressly incorporating two key clauses: firstly, that the slaughter of animals, including cows and buffaloes, in open public places is strictly prohibited; and secondly, that the sacrifice of a cow is not part of the festival of Id-Uz-Zoha and is not a religious requirement under Islam. The court also directed the State government to decide within 24 hours on any requests for exemptions under Section 12 of the West Bengal Animal Slaughter Control Act, 1950, for the upcoming Eid festival, acknowledging that the section is an enabling provision for granting such exemptions for religious purposes. Several legal experts and politicians have commented on the implications of these regulations. Some petitioners, like advocate Shadan Farasat representing Mahua Moitra, argued that the 1950 Act itself allows for exemptions for religious purposes and that healthy animals are required for qurbani, a category that the notification's restrictions on older or incapacitated animals would hinder. Concerns were also raised about the economic impact, with arguments that larger animals are more affordable for multiple families during qurbani, a point previously acknowledged by the Supreme Court. The West Bengal government, represented by its lawyers, maintained that the notification was issued in compliance with the law and prior court judgments. The CPI(ML) Liberation also filed a Public Interest Litigation (PIL), arguing that the law was outdated and infringed upon religious freedom and livelihood rights. The context of the case highlights the ongoing tension between religious practices, animal welfare laws, and economic realities in India. The West Bengal Animal Slaughter Control Act, 1950, has been a subject of debate, with arguments that it has been under-enforced for many years until recent court orders and notifications sought stricter implementation. The notification itself stems from a 2018 High Court order and a subsequent notification on May 13, 2026, aimed at ensuring compliance. The court's decision reinforces the legal framework for animal slaughter in West Bengal, balancing religious sentiments with public health and animal welfare concerns, while also urging the state to address potential issues related to the upcoming festival. The court's direction for the state to decide on exemption pleas within 24 hours provides a short window for the government to respond to the immediate needs of the festival.

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