Kolkata: The Calcutta High Court has refused to pause or overturn a West Bengal government notification that places strict limits on the slaughter of cattle, including cows, bulls, bullocks, calves and buffaloes, ahead of the upcoming Bakr Eid (Eid al-Adha) festival.

A Division Bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen dismissed a cluster of petitions challenging the state's guidelines. The Bench observed that the public notice aligns with previous judicial directives, stating, "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 this matter, we find no basis to stay or set aside the public notice dated 13.05.2026. Thus, these petitions are dismissed so far notice dated 13.05.2026 is concerned."

The meat of the regulations

Issued on May 13 under the West Bengal Animal Slaughter Control Act, the state's public notice mandates that specified animals cannot be slaughtered unless a formal certificate proves they are no longer fit for work or breeding. Furthermore, these certified animals can only be culled within state-approved slaughterhouses. The guidelines also grant authorities the power to inspect properties to curb illegal slaughter.

While upholding the restrictions, the High Court directed the government to ensure its oversight machinery is fully functional.

The Bench noted, "In addition, 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."

Arguments of economic and religious strain

Among the challengers was Trinamool Congress MLA Akhruzzaman, who argued that without a specific religious exemption under Section 12 of the Animal Slaughter Control Act, the community would face severe roadblocks in fulfilling ritual obligations.

The petition claimed that sacrificing larger animals is the only financially viable option for less affluent families, noting that "the price of goats and sheep rises steeply in the period immediately preceding Bakrid, rendering them an option exclusively for wealthier Muslims."

New restrictive conditions appended

Conversely, counter-petitions sought even tighter controls. The High Court agreed to incorporate two specific conditions into the state's guidelines, citing established legal precedents:

  • A ban on slaughtering animals in open, public view.
  • A declaration that cow sacrifice is not a fundamental religious mandate.

Reaffirming the apex court's historical stance, the High Court noted that the Supreme Court has already established that cow sacrifice is not an essential religious requirement under Islam for the festival of Id-Uz-Zuha. "We find no difficulty in directing the State to consider amendment of the impugned notice by inserting aforesaid two conditions forthwith. We order accordingly," the Bench ruled.

However, the court did not entirely shut the door on executive discretion. It left it up to the West Bengal Government to evaluate whether any specific exemptions should be granted under Section 12 of the Act. Given the urgency of the festival timeline, the Bench ordered, "Considering the fact that the festivals may take place on 27/28th of this month, the State shall take a decision in this regard within 24 hours from the date of communication of this order."