The Calcutta High Court on Thursday reserved its order on a batch of petitions challenging the West Bengal government’s notification regulating cattle slaughter ahead of Eid-ul-Adha, which is scheduled to be observed on May 28.
A division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen heard arguments from petitioners, the state government, and the Union government before reserving its verdict.
The dispute centres around a notification issued under the West Bengal Animal Slaughter Control Act, 1950. The notification makes it mandatory to obtain a “fit certificate” from veterinary authorities before bulls, bullocks, cows, calves, and buffaloes can be slaughtered.
Under the new rules, only animals above 14 years of age or those permanently incapacitated due to illness, deformity, or injury qualify for slaughter.
Mahua Moitra Among Petitioners Opposing Notification
Among those challenging the notification is Mahua Moitra. Senior advocate Shadan Farasat, appearing for Moitra, argued that the 1950 law itself contains provisions allowing exemptions for religious sacrifice and that the state should grant such an exemption during Eid-ul-Adha.
Farasat told the court that Islamic tradition requires a healthy animal for qurbani (ritual sacrifice), which he said directly conflicts with the notification restricting slaughter to old or permanently disabled animals.
“It’s the biggest festival in my religion. Otherwise what is the purpose of the exemption clause?” Farasat argued in court.
He also raised economic concerns, saying many families jointly sacrifice one larger animal during Eid because it is more affordable than purchasing several smaller animals.
“The Supreme Court had taken note of economic compulsion over religious compulsion,” he submitted, adding that larger animals are often shared among seven people, making sacrifice financially manageable for low-income families.
Lawyers Call Law ‘Outdated’ and Difficult to Implement
Senior advocate Bikash Bhattacharya, appearing for another petitioner, argued that the 1950 law had remained largely inactive for decades and had become impractical.
He told the court that the law still refers to outdated procedures, including a requirement to pay a ₹1 non-judicial stamp fee for each animal, which he described as unrealistic in present-day circumstances.
“I have to purchase a stamp of ₹1 today per animal. This is absurd and impractical. Law is not static,” Bhattacharya argued.
He further claimed that many designated slaughterhouses required under the law do not exist across West Bengal, making implementation difficult.
Bhattacharya also pointed to the timing of the notification, saying it was issued on May 13, leaving very little time for appeals before Eid.
Union Government Says Animal Sacrifice Is ‘Optional’
Representing the Union government, Additional Solicitor General Ashoke Chakrabarti opposed the petitions and argued that the notification was based on an earlier High Court order that had not been challenged.
He submitted that animal sacrifice during Eid-ul-Adha is an “optional” religious practice and therefore not protected as an essential right.
“There is no question of any provision of the Act having been struck down,” Chakrabarti argued.
He also raised concerns over cattle smuggling and said restrictions under the law must continue to be enforced.
Bengal Government Defends Notification
The West Bengal government defended the notification, saying it had acted in compliance with a previous High Court direction and denied allegations of bad faith.
State counsel told the bench that no one had yet applied for slaughter certificates under the Act and maintained that the rules applied equally across the state.
“None of the applicants have applied for certificates under this Act,” the state government submitted.
The Kolkata Municipal Corporation also backed the notification, arguing that the state had widely publicised the new rules and that slaughter outside authorised municipal slaughterhouses remained prohibited.
Verdict Awaited Before Eid-ul-Adha
The High Court has not yet announced when it will deliver its ruling, but the decision is expected to have major implications for Eid-ul-Adha celebrations in West Bengal, particularly around the practice of qurbani and the implementation of cattle slaughter laws.
