The Calcutta High Court has refused to suspend the West Bengal government’s restrictions on cattle slaughter ahead of Bakr Eid, while also reiterating that cow sacrifice is not an essential religious practice under Islam as previously settled by the Supreme Court.
A Division Bench led by Chief Justice Sujoy Paul and Justice Partha Sarathi Sen dismissed a batch of pleas challenging the State’s May 13 public notice regulating the slaughter of bulls, bullocks, cows, calves and buffalos during the upcoming Eid-ul-Adha period.
The Bench observed that the notification was rooted in earlier directions already upheld by the High Court and therefore found no legal basis to interfere with it. The judges noted that the earlier ruling in a connected 2018 matter had already attained finality, making the present challenge unsustainable.
The State’s notification, issued under the West Bengal Animal Slaughter Control Act, mandates that no such animal can be slaughtered unless certified unfit for breeding or agricultural use. Even after certification, slaughter is permitted only at authorised slaughterhouses. The notice also empowers officials to inspect premises to curb illegal slaughter activity.
While upholding the notification, the Court did raise concerns about implementation on the ground. It said the State must assess whether an adequate system exists for issuing fitness certificates and whether sufficient infrastructure and responsible officers are available across Bengal to process requests lawfully during the festival period. The Bench expressed hope that any gaps in the system would be addressed without delay.
One of the petitions was filed by Trinamool Congress MLA Akhruzzaman, who argued that the State’s refusal to invoke exemption powers under Section 12 of the Act effectively obstructed the religious observance associated with Bakr Eid. The plea stressed that for many Muslims, larger animals such as buffaloes, bulls and bullocks remain the only affordable option for sacrifice because goat and sheep prices spike sharply before the festival.
Another petition sought stricter additions to the government notification, including an express ban on slaughter in public places and a declaration that cow sacrifice is not an intrinsic requirement of Eid-ul-Zuha.
The High Court accepted those concerns in part. Referring to settled Supreme Court precedent, the Bench observed that cow sacrifice has already been held not to be an indispensable component of the festival or a mandatory Islamic practice. It directed the State to consider immediately amending the public notice to incorporate two additional conditions — prohibiting slaughter in open public spaces and clarifying that cow sacrifice is not a religious necessity.
At the same time, the Court left the door open for the State government to independently consider granting exemptions under Section 12 of the Act. Given the proximity of the festival dates, the Bench directed the State to take a decision on exemption requests within 24 hours of receiving the order.
