Calcutta HC refuses to stay West Bengal govt's notification restricting animal slaughter

The Calcutta high court on Thursday refused to interfere with the West Bengal government’s notification restricting the slaughter of bulls, bullocks, cows, calves and buffaloes ahead of Bakr Eid next week.

A division bench comprising chief justice Sujoy Paul and justice Partha Sarathi Sen observed that the notification had been issued in compliance with earlier directions passed by the court.

"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, as cited by Bar and Bench.

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

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

However, the court also observed that the state government is empowered to take a decision under Section 12 of the Act regarding exemptions sought by certain petitioners.

"Considering the fact that 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.

The court passed the order while hearing a batch of petitions challenging the guidelines issued by the West Bengal government under the West Bengal Animal Slaughter Control Act ahead of Bakr Eid (Eid al-Adha).

While refusing to interfere with the notification, the court observed that the state would be within its rights to examine whether an appropriate mechanism exists for issuing the necessary 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 certificate and whether the necessary infrastructure is at place in the entire State where slaughter can take place. If any deficiency is found by the State, we hope and trust that same shall be cured at the earliest," the Bench added.

In a public notice issued on May 13, the state government said that bulls, bullocks, cows, calves and buffaloes cannot be slaughtered without a certificate declaring them unfit.

The govt order said, "No person shall slaughter any animal thereby meaning (bulls, bullocks, cows, calves, male and female buffaloes, buffalo calves and castrated buffaloes) unless he has obtained in respect thereof a certificate that the animal is fit for slaughter."

The notice 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, provided both are of the opinion “that the animal is over 14 years of age for work or breeding or has become incapacitated due to age, injury, deformity or any incurable disease”.

The authorities are required to record their opinion in writing, while applicants may file an appeal within a fortnight if a certificate is denied.

The state government issued the order citing provisions of the West Bengal Animal Slaughter Control Act, 1950.

“Slaughtering of animals, for which a certificate has been issued, shall be prohibited in any open public place,” the order said, adding that violations could attract up to six months’ imprisonment, a fine of Rs 1,000, or both.

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