Calcutta HC upholds Bengal’s cattle slaughter rules ahead of Bakri Eid, all you need to know

 

A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen observed that the notification had been issued in compliance with the court’s earlier directions.

 

"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.

 

In its ruling, the court noted that the Supreme Court had earlier held that the sacrifice of cows is not an essential part of the Id-Uz-Zuha festival and is not a compulsory religious practice under Islam.

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We find no difficulty in directing the State to consider amendment of the impugned notice by inserting the aforesaid two conditions forthwith. We order accordingly," the Court said.

  

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However, the court also observed that the State government has the authority under Section 12 of the Act to take a decision on exemption requests made by certain petitioners.

 

"Because 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 added.

 

While refusing to interfere with the notification, the court observed that the State government would be within its rights to examine whether a proper mechanism exists for issuing the required certificates for animal slaughter under the provisions of the Act and Rules.

 

In addition, whether responsible officers are in place in the State for issuing such certificates, and whether the necessary infrastructure is in place in the entire State where slaughter can take place. If any deficiency is found by the State, we hope and trust that the same shall be cured at the earliest," the Bench added.

 

In a public notice issued on May 13, the State government stated that bulls, bullocks, cows, calves, and buffaloes cannot be slaughtered without a certificate declaring them fit for slaughter. The order said that no person can slaughter such animals unless a valid certificate has been obtained.

 

 

The notice further stated that a joint certificate for animal slaughter can only be issued by the chairman of a municipality or the sabhapati of a panchayat samiti, along with a government veterinary surgeon. Such a certificate can be granted only if both authorities are satisfied that the animal is over 14 years of age and no longer fit for work or breeding, or has become incapacitated due to age, injury, deformity, or an incurable disease.

 

The authorities must record their opinion in writing. If a certificate is denied, the applicant may file an appeal within two weeks.

 

The State government issued the order under the provisions of the West Bengal Animal Slaughter Control Act, 1950. The order also stated that animals for which certificates have been issued cannot be slaughtered in open public places. Violations may attract imprisonment of up to six months, a fine of Rs 1,000, or both.

 

Earlier, the State had also directed the police to adopt a zero-tolerance approach towards illegal cattle slaughter and cattle trade, including activities related to cattle markets and alleged extortion rackets.