Ahead Of Bakri Eid, High Court Junks Pleas On Bengal Cattle Slaughter Rules

The recent government order on cow slaughter has been backed by the Calcutta High Court, which has dismissed a bunch of petitions challenging it ahead of the coming Id-Uz-Zoha festival, also known as Bakri-Eid, when cows, goats and lambs are sacrificed. 

The controversy is over the new state guidelines governing the slaughter of animals. 

The notice, issued on May 13 by the Suvendu Adhikari government, said no animal, including cows, bulls, buffaloes and calves, can be slaughtered without a fitness certificate issued by authorised local officials and a government veterinary surgeon.

The petitioners have argued that the notice has imposed conditions that are inconsistent with the 1950 law and the rules framed under it. 

Read: 6 Months Jail Or Rs 1,000 Fine: New Animal Slaughter Rules In Bengal

The state government, Kolkata Municipal Corporation, and police authorities, however,  defended the notice, pointing out that it merely implemented earlier directions issued by the High Court in 2018 in the case of Rajyashree Chaudhuri vs State of West Bengal.

A Division Bench led by Chief Justice Sujoy Paul refused to stay or strike down the notice, agreeing the 2026 notice was substantially based on a court order of 2018, which has attained finality since it was never challenged before. 

The order reiterated several important conditions relating to animal slaughter, the primary among them being that no person can slaughter animals without obtaining a fitness certificate. 

Such certificates must be jointly issued by a municipal chairman or panchayat authority and a veterinary surgeon after confirming that the animal is more than 14 years old and not permanently incapacitated because of age, injury or disease. 

The court also reaffirmed that slaughter can only take place in authorised municipal slaughterhouses or places approved by local authorities, underscoring the prohibition of slaughter in public places. 

The Bench directed the state to amend the 2026 notice by incorporating two conditions drawn from the 2018 order: First, the slaughter of animals, including cows and buffaloes in public places is strictly prohibited. Second, the notice must state that cow sacrifice is not an essential religious practice under Islam, relying on the Supreme Court's ruling in Mohd. Hanif Quareshi vs State of Bihar.

The court also highlighted deficiencies in the state's administrative infrastructure. It observed that the government must ensure an effective mechanism for issuing slaughter certificates and maintaining proper slaughterhouse facilities throughout West Bengal. 

The Bench expressed hope that any gaps in implementation will be addressed promptly. The judges directed the government to take a decision within 24 hours on exemption requests made by some petitioners in view of the imminent religious festival.

A law in force for over 76 years carries a strong presumption of constitutionality unless proven otherwise, the Bench added.