Kolkata: The Calcutta High Court on Thursday refused to stay the West Bengal government’s notification imposing restrictions on the slaughter of certain categories of cattle ahead of Bakr Eid, reaffirming that the sacrifice of cows is not an essential part of the Id-Ul-Zuha festival under Islamic practice.
A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen dismissed a batch of petitions challenging the state government’s May 13 public notice issued under the West Bengal Animal Slaughter Control Act, 1950. The court observed that the notification was in line with previous judicial directions and therefore did not warrant interference.
“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 the matter, we find no basis to stay or set aside the public notice dated 13.05.2026,” the Bench stated while rejecting the petitions concerning the notification.
The High Court also referred to earlier Supreme Court rulings which held that cow sacrifice is not an essential religious practice during Eid al-Adha and therefore does not enjoy absolute constitutional protection under the right to freedom of religion.
The state government’s notification prohibits the slaughter of bulls, bullocks, cows, calves and buffaloes unless an official fitness certificate has been obtained. According to the order, such certificates can only be jointly issued by the chairman of a municipality or the sabhapati of a panchayat samiti along with a government veterinary surgeon. The certification can be granted only if the authorities determine that the animal is over 14 years of age or has become permanently incapacitated due to injury, deformity, disease or age.
The order further mandates that the concerned authorities record their reasons in writing while issuing or denying certificates. Applicants who are denied permission may file an appeal within two weeks.
The court observed that the government has the authority to regulate animal slaughter in the interest of public order, animal welfare and legal compliance. At the same time, it directed the state to ensure that proper administrative mechanisms are available for the implementation of the law.
“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 observed.
The court also noted that the state government may exercise powers under Section 12 of the Act to consider exemptions sought by some petitioners. Since Bakr Eid is expected to be observed on May 27 or 28, the Bench directed the government to take a decision on such exemption requests within 24 hours of receiving the court’s order.
In addition to regulating slaughter permissions, the state government has prohibited slaughter in open public places and warned that violations could attract up to six months of imprisonment, a fine of Rs 1,000, or both. The administration has also instructed police authorities to adopt a zero-tolerance approach toward illegal cattle slaughter, unlawful cattle trade and alleged extortion rackets linked to cattle markets.
Legal experts believe the judgment reinforces the principle that religious practices remain subject to public law and statutory regulations, especially when issues concerning animal protection and public administration are involved.
