Calcutta High Court refused to stay West Bengal’s order regulating animal slaughter ahead of Eid al-Adha and directed the state government to decide within 24 hours on requests for exemption under the state’s animal slaughter law.
A division bench presided over by Chief Justice Sujoy Paul left the question of any festival-related exemption to the state, noting the urgency because Eid al-Adha is expected to fall on May 27 or 28, depending on the sighting of the moon. The court declined interim relief sought by petitioners challenging the May 13 government notification, which tightened compliance requirements for slaughter of cattle and barred slaughter in public places.
The bench relied on earlier judicial precedent to hold that sacrifice of a cow is not an essential religious requirement under Islam. The court cited the settled position that Eid al-Adha permits sacrifice but does not make the slaughter of a cow indispensable, with other animals also accepted under religious practice. That finding became central to the refusal to suspend the government’s order before the festival.
Petitioners had approached the court seeking an exemption under Section 12 of the West Bengal Animal Slaughter Control Act, 1950, arguing that the state had the power to relax restrictions for religious observance. They contended that the notification would affect traditional qurbani practices during Eid al-Adha unless exemptions were granted for bulls, bullocks and buffaloes. The petitions were moved days before the festival, prompting the bench to compress the timeline for administrative decision-making.
The government notification requires compliance with statutory conditions before slaughter of bulls, bullocks, cows, calves and buffaloes. It says such animals cannot be slaughtered without certification that they are unfit for work, breeding or other productive use, or have crossed the age threshold recognised under the law. The order also requires slaughter to take place only in authorised slaughterhouses or designated facilities, not in streets, open areas or other public spaces.
State lawyers argued that the notification did not impose a new religious restriction but sought to enforce existing law and earlier court directions. They said the object was to prevent illegal slaughter, protect public order and ensure that animals were not killed outside regulated facilities. The state also informed the court that authorities had issued notices for implementation after repeated violations of statutory and judicial directions.
The court asked the state to examine whether responsible officers were in place to issue certificates and whether adequate infrastructure existed across West Bengal for lawful slaughter. That direction is significant because any exemption decision would depend not only on legal discretion but also on administrative readiness, veterinary certification and the availability of notified slaughter facilities.
The order places the state government at the centre of the next step. It must now determine whether any limited exemption can be granted, and if so, under what safeguards. The 24-hour deadline reflects the court’s attempt to avoid uncertainty for worshippers, local authorities and law enforcement agencies as Eid al-Adha approaches.
Legal precedent has long shaped the issue. The Supreme Court has previously held that cow slaughter on Bakrid is not protected as an essential religious practice, while also recognising that animal sacrifice forms part of Eid observance in broader terms. Courts have therefore drawn a distinction between the religious practice of sacrifice and the specific claim that slaughter of a cow must be allowed as a protected obligation.
The case has unfolded against a sensitive political and social backdrop in West Bengal, where cattle slaughter rules often intersect with questions of religious freedom, animal protection, public order and communal harmony. Muslim organisations and clerics in parts of Kolkata have urged devotees to follow government rules and avoid confrontation, while also asking the administration to ensure lawful arrangements for those who wish to perform qurbani.
