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Communists move Calcutta HC against Bengal govt’s cattle slaughter certification mandate, call it an assault on Muslim religious freedom: Read what the law says

Earlier this month, the Home & Hill Affairs Department of the Government of West Bengal issued a notice reiterating strict enforcement of the West Bengal Animal Slaughter Control Act, 1950. The government has made it mandatory to obtain official certification before slaughtering cows, bulls, bullocks, calves, buffaloes and castrated buffaloes. Any violation will attract imprisonment of up to six months and a fine of Rs 1,000, or both.

The West Bengal unit of the Communist Party of India (Marxist–Leninist) Liberation (CPI-ML) has moved the Calcutta High Court seeking urgent intervention to challenge the application of the West Bengal Animal Slaughter Control Act, 1950, by the recently elected BJP government. According to Live Law, the Public Interest Litigation (PIL) will be heard by a Division Bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen.

In the petition, the CPI-ML claimed that the implementation of the law was an assault on the religious freedom of the Muslim community, the rights of the farmers engaged in cattle trade and the citizens’ right to eat. “This is an assault simultaneously on the religious freedom of the Muslim community, on the livelihood of farmers engaged in cattle trade (who are mostly from the Hindu community), on the freedom of citizens to eat according to their choice and on the culinary diversity of West Bengal,” the CPI-ML said in a statement.

Describing the law as “outdated”, the CPI-ML alleged the implementation of the law would be tantamount to imposing “severe punitive restrictions” on the ritual sacrifice of livestock.

The Home & Hill Affairs Department of the Government of West Bengal issued a notice on May 13, 2026, reiterating strict enforcement of the West Bengal Animal Slaughter Control Act, 1950. Let’s take a look at the purpose and the provisions of the Act.

Why the Act was passed

The West Bengal Animal Slaughter Control Act, 1950, was passed by the West Bengal government with the objective of increasing the supply of milk and avoiding the wastage of animal power needed for agricultural improvement. This is the reason that the act does not put a blanket ban on the slaughter of all animals, but only on the slaughter of some specified animals and up to a certain age. The Act intends to regulate the slaughter of animals in the state so that milk-producing animals and their males are protected.

The Act specifically prohibits the slaughter of bulls, bullocks, cows, calves, male and female buffaloes, buffalo calves, and castrated buffaloes. The Act clearly states that an animal specified in it cannot be slaughtered without a certificate declaring the animal fit to be slaughtered.

Certificate for slaughtering animals

As per the provisions of the Act, the certificate declaring a specified animal fit for slaughter can be issued jointly by the President of the municipality and the Veterinary Assistant Surgeon only if the animal is above 14 years of age or if it has become permanently incapacitated from work or breeding due to age, injury, deformity, or incurable disease.

If the President of the municipality and the Veterinary Assistant Surgeon fail to make a decision, the matter goes to the Veterinary Officer, who will then decide whether the certificate will be issued or refused. The Veterinary Officer is required to pass a signed order allowing or refusing the slaughter.

Right to appeal against refusal

Any person who is aggrieved by the refusal to issue a certificate for slaughter can file an appeal against the refusal before the State Government, within 15 days from the communication of the refusal to him. The State Government has revisional powers under the Act, in exercise of which, it can examine the records of the case and can pass an order it deems fit. The decision of the State Government shall be final and cannot be called in question in a court of law.

Notably, the Act empowers the State Government to exempt from the operation of the Act, the slaughter of any animal for religious, medicinal, or research purposes.

Animals to be slaughtered at specified places only

According to the Act, the places where certified animals can be slaughtered can be specified by the State Government through a notification. As per the notification issued by the West Bengal government, certified animals can only be slaughtered at municipal slaughterhouses or facilities authorised by the local administration. Slaughter in public places is strictly prohibited.

Power of inspection

The Act confers the power of inspection on the President of a municipality, the Veterinary Assistant Surgeon, or any other person authorised by the Veterinary Assistant Surgeon in writing. The abovementioned persons may enter premises within the local limits of their jurisdiction for inspection if they have reason to believe that an offence under the Act has been or is likely to be committed.

Punishment under the Act

Any person who contravenes the provisions of this Act can be granted imprisonment up to 6 months or a fine up to ₹1000 or both. All the offences specified under the Act are cognizable, which means that the police file an FIR, make an arrest and start an investigation into an alleged offence without the prior permission of a Magistrate. The Act also states that the abetment of an offence specified in the Act is also punishable.

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