‘Cow sacrifice not religious requirement’: Calcutta HC refuses to stay Bengal cattle slaughter rules

Kolkata: Calcutta High Court on Thursday refused to stay the West Bengal government’s notification regulating cattle slaughter ahead of Eid-ul-Azha, observing that the May 13 notification merely implemented directions issued earlier by the court in 2018.

A division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, however, directed the state to amend the notification by specifically stating that slaughter of animals, including cows and buffaloes, in open public places is strictly prohibited. The court also ordered the state to include a clause that “sacrifice of a cow is no part of the festival of eid and is not a religious requirement under Islam,” relying on the Supreme Court judgment in Mohd. Hanif Quareshi & Ors. Vs. State of Bihar.

The petitions challenged the state’s move to strictly enforce provisions of the West Bengal Animal Slaughter Control Act, 1950 ahead of Bakrid. Under the notification, slaughter of bulls, bullocks, cows, calves and buffaloes requires a “fit for slaughter” certificate. Only animals above 14 years of age or those permanently incapacitated due to injury, deformity or incurable disease qualify for certification.

Petitioners, including Akhruzzaman, Muslim organisations and cattle traders, argued that the rules made Bakrid sacrifices difficult and adversely affected religious practices and the rural economy.

Senior Advocate Shadan Farasat, appearing for Mahua Moitra, sought exemption under Section 12 of the Act for Eid-ul-Azha, arguing that qurbani requires healthy animals.

While refusing interim relief, the court directed the state government to decide within 24 hours on exemption requests for the upcoming Eid festival on May 27 or 28.