ISLAMABAD: The Calcutta High Court on Thursday upheld the West Bengal government’s restrictions on cattle slaughter ahead of Eid-ul-Adha, saying that cow sacrifice is not a religious requirement, according to court proceedings and Indian media.

A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen upheld a May 13 state notification regulating the slaughter of bulls, bullocks, cows, calves, and buffaloes during the upcoming Eid celebrations.

The notification, issued under the West Bengal Animal Slaughter Control Act, 1950, requires animals to obtain a "fit for slaughter" certificate from authorized authorities and veterinary officials before slaughter can take place.

It also restricts slaughter to designated facilities and prohibits the practice in public places, the court order said.

The court dismissed multiple petitions challenging the notification, including pleas filed by Trinamool Congress MLA Akhruzzaman and supported by MP Mahua Moitra, who argued that the restrictions would make the sacrifice difficult for many Muslims.

According to the petition, they contended that sacrificing larger animals such as buffaloes or bulls was often the only economically practicable option for poorer Muslims, saying that "the price of goats and sheep rises steeply in the period immediately preceding Eid-ul-Adha, rendering them an option exclusively for wealthier Muslims.”

However, the bench said the state notification merely implemented directions already issued by the High Court in a 2018 judgment, which had attained finality.

The High Court also referred to the Supreme Court’s ruling in Mohd. Hanif Quareshi vs State of Bihar, noting that cow sacrifice was "no part of the festival of Id-Uz-Zoha and is not a religious requirement under Islam."

The court also instructed the government to decide within 24 hours on exemption requests filed under Section 12 of the West Bengal Animal Slaughter Control Act, which allows the state to grant limited exemptions for religious purposes.

Reactions

The ruling has triggered political reactions in the state.

In a post on X, BJP leader Amit Malviya on Friday targeted former West Bengal chief minister Mamata Banerjee, accusing the previous government of allowing exemptions under "appeasement politics."

India’s The Statesman said left parties argued that the issue should not be framed through a communal lens.

According to the publication, MP Bikashranjan Bhattacharyya said the restrictions had triggered concern among cattle traders, many of whom belong to the Hindu community.

"There has been a huge cry on the part of the cattle traders, who are basically from the Hindu community," Bhattacharyya said.

Nothing new

Bihar, Chhattisgarh, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Maharashtra, Punjab, Rajasthan and Uttar Pradesh have all imposed bans on cow slaughter under their respective state laws, all of which draw constitutional validity from the Mohdaz Hanif Quareshi precedent.

The Delhi Government issued strict guidelines through its Development Department, with Delhi Minister Kapil Mishra warning that the administration will take stern criminal action against those violating regulations regarding animal sacrifice and waste management, ANI reported.

"On the occasion of Bakra Eid, sacrificing cattle, cows, calves, camels, and other prohibited animals in Delhi is completely illegal, and anyone doing or attempting to do so will be charged with a criminal offence, and legal action will be taken," Mishra said

In June 2023, the Bombay High Court directed the State to make provisions for e-complaints against illegal slaughter during Eid, directing that the Municipal Corporation make its Grievance Forum available by email and that toll-free numbers be prominently displayed on the corporation's website at least for the relevant period, India media reported.

A letter dated 16 May by former MP Dr Kirit Somaiya to the Mumbai Mayor urged strict enforcement against animal slaughter in housing societies, chawls, and open spaces, citing repeated violations despite existing rules.

“We will NOT allow Open Slaughter in the Name of Religious Ceremony,” he wrote in the post on X.

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Cow sacrifice not a religious requirement, says Calcutta High Court