kolkata

IIE DIGITAL DESK ; Kolkata, May 22: The Calcutta High Court on Thursday referred to the provisions of the 1950 Animal Slaughter Control Act while hearing a batch of petitions challenging the West Bengal government’s recent notification regulating cattle slaughter ahead of Bakrid. A Division Bench headed by Chief Justice Sujay Paul directed the state government to consider whether exemptions related to religious practices under Section 12 of the Act could be applied and instructed the state to take a decision within 24 hours.

The hearing, a section of the petitioners sought the cancellation of several provisions and sub-sections of the law, arguing that they were unconstitutional. However, the Division Bench clarified that it was not passing any ruling on the constitutional validity of the legislation at this stage. The court stated that a final decision would be taken only after hearing detailed arguments and responses from all parties involved in the matter.

The court emphasized that the immediate issue before it concerned the provision allowing exemptions for religious purposes and therefore asked the state government to urgently examine the matter. The 1950 law regulating animal slaughter has recently been enforced more strictly by the West Bengal government through a notification issued on May 13. The notification introduced a series of guidelines restricting public slaughter and sale of cattle and clearly stated that animals cannot be slaughtered indiscriminately or in violation of prescribed norms.

The state government’s order also imposed several conditions regarding the slaughter of calves of cattle such as cows and buffaloes. Ahead of Bakrid, the notification triggered widespread legal challenges, leading to the filing of 17 separate petitions before the High Court seeking relaxation of the conditions and questioning the legality of the restrictions.

Senior advocate Bikash Ranjan Bhattacharya, appearing on behalf of Jamiat-e-Ulema, argued before the court that both the state notification and the constitutional validity of the 1950 Act itself were being challenged. According to him, the original purpose of the law was to preserve cattle for agricultural use at a time when farming heavily depended on animals such as cows and buffaloes. He argued that technological advancement has drastically changed agricultural practices and reduced dependence on cattle for farming activities.

Bhattacharya also cited livestock statistics before the court, claiming that the cattle population has continued to grow at a healthy rate and milk production has increased significantly over the years. He argued that more than 36 percent of the total livestock population consists of cattle and that while the number of male cattle may have declined, the population of female cattle has increased steadily.

The High Court, however, questioned why the law was being challenged after remaining in force for decades. The bench observed that annual notifications relating to cattle slaughter had been issued regularly over the years and remarked that if the law had truly been inactive or ineffective, there would have been no need for repeated notifications or the filing of multiple petitions now. The court also raised questions about the timing of the constitutional challenge to the legislation.