The Calcutta High Court on Thursday reserved its judgment on a batch of petitions challenging a recent West Bengal government notification imposing restrictions on animal slaughter ahead of Eid al-Adha, with petitioners seeking exemption under the West Bengal Animal Slaughter Control Act for performing religious rituals during the festival.
The matter was heard by a division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen after it was mentioned by Trinamool Congress MLA Akhruzzaman. Lok Sabha MP Mahua Moitra also appeared during the hearing.
The petitions challenged a May 13 notification issued by the West Bengal government that mandated a “fit certificate” before the slaughter of bulls, bullocks, cows, calves, and male or female buffaloes.
Under the notification, the certificate can only be issued jointly by the chairman of a municipality or the president of a panchayat samiti along with a government veterinary surgeon. The rules also permit slaughter only of animals above 14 years of age or those permanently incapacitated due to injury, deformity, old age or incurable disease.
The state government further clarified that animal slaughter in open public places would be “strictly prohibited” and warned of penal action for violations.
Senior lawyer Bikash Ranjan Bhattacharya, appearing for one of the petitioners, submitted that the Act was framed in 1950 when agriculture was dependent on domestic animals, but farming is now technology-driven.
He argued that Section 12 of the Act provides scope for relaxation for religious purposes and also claimed that West Bengal has witnessed healthy growth in cattle population over the years.
Opposing the pleas, lawyers representing the state government and the Centre submitted that the notification was issued in accordance with provisions of the law and earlier judgments of the Calcutta High Court delivered in 2018 and 2022.
They argued that the notification’s provisions regarding vetting the age and health of cattle were consistent with existing legal requirements.
Earlier on Wednesday, Mahua Moitra had said the petition sought exemption under Section 12 of the Animal Slaughter Control Act, citing the impact of the restrictions on both religious practices during Bakri Eid and the rural economy dependent on cattle trade and rearing.
Talking to reporters, Moitra said the May 13 notification would affect not only Muslims observing Bakri Eid but also people dependent on cattle-rearing livelihoods.
“The petition is seeking an exemption under Section 12 of the Animal Slaughter Act, 1951, regarding a notification issued on 13th May. Since the festival of Eid al-Adha is expected on the 27th or 28th, and there is limited time left, the petition requests exemption under Section 12, as the government may grant such relief. The request is to allow exemptions for the required arrangements for the festival of Bakri Eid.”