The Calcutta High Court on Thursday declined to issue a stay on a notification issued by the Bharatiya Janata Party government in West Bengal on May 13 regulating the slaughter of cattle ahead of the festival of Bakrid.A bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen said that the notification was issued in compliance with earlier orders passed by the court.On May 13, the Suvendu Adhikari-led government, in one of its first steps after coming to power in the state on May 4, said that the provisions of the Animal Slaughter Control Act will be strictly enforced.The order came two weeks before Bakrid on May 27. Bakrid, also known as Eid-al-Adha, is a Muslim festival that commemorates the spirit of sacrifice. The festival is traditionally marked by the slaughtering of goats.The government notification makes it mandatory for persons to obtain a certificate before slaughtering animals such as buffaloes, cows and bulls. It also prohibits public slaughter of the animals and states that officials carrying out inspections to enforce the order should not be obstructed.On Thursday, the bench was dealing with a batch of petitions challenging the directive to strictly enforce the Animal Slaughter Control Act.Petitioners, including Trinamool Congress MLA Akhruzzaman, and organisations representing Muslim groups and cattle traders, argued that the notification virtually made animal sacrifices on Bakrid impossible, Live Law reported.It also adversely affected religious practices and the rural economy, the petitioners added.Akhruzzaman argued that the religious obligation of animal sacrifice cannot lawfully be performed on Bakrid as the state government had failed to grant an exemption under Section 12 of the Animal Slaughter Control Act, Bar and Bench reported.His petition noted that Section 12 of the Act empowers the state government to exempt, by general or special order and subject to conditions, the slaughter of any animal for religious purposes.On the other hand, another petition filed in the court sought the addition of two more conditions to the May 13 notice to ensure its stricter implementation. The first condition it sought was to include in the notification that the slaughter of animals in open public places is strictly prohibited.It also sought a clause stating that the sacrifice of a cow is not an essential religious requirement of Islam.Refusing to interfere with the notice, the Court said that it will be lawful for the state government to examine whether there exists a proper mechanism for issuing the necessary certificates under the Act“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,” it said. “If any deficiency is found by the state, we hope and trust that same shall be cured at the earliest.”On the addition of the two clauses, the bench said that the Supreme Court has already held that sacrificing a cow is not a religious requirement under Islam.“We find no difficulty in directing the state to consider amendment of the impugned notice by inserting aforesaid two conditions forthwith,” the High Court said. “We order accordingly.”Written by Leah Thomas. Edited by Neerad Pandharipande.
Calcutta HC refuses to stay restrictions on cattle slaughter ahead of Bakrid
The bench said that the notification was issued in compliance with earlier orders passed by the court.













