The Calcutta High Court on Thursday stated that cow sacrifice is neither an integral part of Eid-uz-Zuha nor a religious requirement under Islam. The court made this observation while refusing to quash the West Bengal government's order regulating cattle slaughter ahead of the festival. It also declined to grant interim relief on a batch of Public Interest Litigations (PILs) challenging the state administration's directive.
Court's Directive to State
A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen directed the state government to consider within 24 hours whether an exemption could be granted under the same 1950 law cited in the order. The bench noted that the festival falls on May 27-28. The state's May 13 order references the West Bengal Animal Slaughter Control Act, 1950, and a 2018 High Court order, both of which prohibit the slaughter of cows and buffaloes unless a certificate is obtained declaring the animal "fit for slaughter."
Examination of Article 12
The High Court asked the state to examine if Article 12 of the 1950 Act could be invoked in this case. This article empowers the government to allow the slaughter of otherwise restricted animals for religious, medicinal, or research purposes. Additionally, the judges directed the state to consider incorporating a condition that animal slaughter should not take place in open public places.
Constitutionality of the 1950 Act
Senior advocate Bikash Ranjan Bhattacharjee, representing some petitioners, argued that the 1950 Act was intended only for Kolkata and other municipalities, not the entire state. The bench declined to intervene on this constitutional challenge, leaving the matter for further consideration.
Kolkata Municipal Corporation's counsel Nilotpal Chatterjee informed the court that the civic body operates slaughterhouses with necessary infrastructure and designated officials to issue fit-for-slaughter certificates. The High Court responded that the onus is on the state to examine whether a proper mechanism exists for issuing such certificates. "If any deficiency is found by the state, we hope and trust that the same shall be cured at the earliest," the bench stated.
