Cow slaughter not a requirement under Islam: HC
One of the petitions sought the modification in the notification to accommodate two conditions: (i) the authorities be directed to incorporate two additional points relating to the slaughter of animals, including the cows and buffalo, in any open public place, which is strictly prohibited, and (ii) the sacrifice of a cow is not part of any religious requirement/ festival.
The High Court allowed the petition and agreed that cow slaughter was not a requirement under Islam. The court relied on the Supreme Court’s judgment passed in the case of Mohd. Hanif Quareshi & Ors. Vs. State of Bihar (1975 SCC OnLine SC 17), where it was held that the sacrifice of a cow was neither a part of the festival of Eid-ul-Adha nor was it a requirement under Islam.
“A careful perusal of the above para shows that two conditions were directed to be mentioned in the notice. Firstly, the slaughter of animals, including cows and buffalo, in any open public place is strictly prohibited. Secondly, sacrifice of a cow is no part of the festival of Id-Uz-Zuha (Eid-ul-Adha) and is not a religious requirement under Islam, as held by the Supreme Court in the case of Mohd. Hanif Quareshi & Ors. Vs. State of Bihar (1975 SCC OnLineSC 17),” the High Court stated, directing the state government to consider amending the impugned notification to accommodate the two conditions.
“In view of this authoritative pronouncement of the coordinate bench, we find no difficulty in directing the State to consider amendment of the impugned notice by inserting the aforesaid two conditions forthwith,” the court directed.
Besides, the High Court allowed a petition seeking the implementation of the notification in a strict manner. “In our opinion, the Act of 1950 takes care of the relief prayed for by the petitioner, and we have no doubt that the State will endeavour to implement the Act and Rules made thereunder in its true spirit,” the High Court said, disposing of the petition.
State government to consider an exemption under Section 12 of the Act: HC
Some of the petitions filed before the High Court had sought a direction to the state government for consideration of their request seeking an exemption under Section 12 of the West Bengal Animal Slaughter Control Act, 1950. The provision empowers the state government to exempt from the operation of the Act, the slaughter of any animal for religious, medicinal, or research purposes.
In other words, under the provision, the state government can allow the slaughter of animals, viz., bulls, bullocks, cows, calves, male and female buffaloes, buffalo calves, and castrated buffaloes, which are protected under the Act if it deems it necessary for religious, medicinal, or research purposes.
After considering the submissions of the petitioners, the High Court directed the state government to consider the request of the petitioners and make a decision regarding the exemption under Section 12 of the Act. The High Court asked the state government to decide within 24 hours of passing of its order, considering that the festival of Eid-ul-Adha is scheduled to be celebrated on 27th/28th May.
“So far, the question of grant of exemption under Section 12 of the Act of 1950 is concerned regarding which prayer is made in several writ petitions, including WPA(P) 243 of 2026, learned Senior Standing Counsel on his specific query from the fact fairly admitted that Section 12 of the Act of 1950 is an enabling provision and State has no hesitation to take a decision regarding necessity of grant of exemption by invoking Section 12 of the said Act,” the High Court said.
No basis to set aside the notification: HC
After considering all the submissions made by the petitioners, the High Court came to the conclusion that the impugned notification was constitutional and was issued in compliance with an earlier coordinate bench order in WP 328 of 2018, which had attained finality. The High Court noted that the conditions embodied in the notification were merely a written implementation of the directions issued by the coordinate bench.
“If the conditions mentioned in the impugned notice are examined in juxtaposition to the conditions mentioned by this Court in WP 328 of 2018, it will be crystal clear that the impugned public notice is issued for implementing the order passed by this Court in WP 328 of 2018,” the High Court said. “We find no basis to stay or set aside the public notice dated 13.05.2026,” the court added.
The objective behind the notification and the Act
The impugned notification was issued by the newly elected BJP government in West Bengal in compliance with the already existing West Bengal Animal Slaughter Control Act, 1950. The Act has been effective in the state for 76 years and was passed with the objective of increasing the supply of milk and avoiding the wastage of animal power needed for agricultural improvement.
The Act specifies certain animals, namely bulls, bullocks, cows, calves, male and female buffaloes, buffalo calves, and castrated buffaloes and prohibits their slaughter without a certificate declaring the animal fit to be slaughtered. It aims to protect young, healthy and fertile animals from the specified categories so that the milk production and supply in the state runs smoothly. The statute does not impose a complete ban on the slaughter of the specified animals, and allows animals which are unfit for breeding and work due to age, injury or incurable disease to be slaughtered after obtaining a certificate in the prescribed manner.
To ensure compliance, the Act prescribes punishment and a monetary penalty for violation of its provisions. The government notification, which came under fire, only reiterates what is already contained in the Act.
