Calcutta High Court asks Bengal government to decide on exemption from animal slaughter rules for Eid ul-Adha

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The Calcutta High Court on Thursday (May 21, 2026) directed the West Bengal government to take a decision under Section 12 of the West Bengal Control of Slaughter of Animals Act, 1950, regarding the exemption it prayed for in view of Eid al-Adha.

A division bench presided over by Chief Justice Sujoy Paul directed that in view of the fact that the festival may be held on May 27 or 28, the state shall take a decision in this regard within 24 hours from the date of communication of this order.

“We are inclined to grant the State a decision under Section 12 of the 1950 Act on the exemption prayed for by some of the petitioners,” the court ordered.

The petitioners sought an exemption under Section 12 of the Control of Slaughter of Animals Act, 1950 for performing religious rituals during the festival.

Senior lawyer Bikash Ranjan Bhattacharya, appearing for one of the petitioners, told the court that the law was framed in 1950 when agriculture was dependent on domestic animals, but nowadays agriculture is driven by technology.

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He submitted that Section 12 of the Act provides relaxation for religious purposes.

Mr. Bhattacharya also claimed that there has been a healthy growth in cattle population in West Bengal over the years.

Lawyers for the state and the Center against the prayers said the notification imposing certain restrictions was issued under the provisions of the Act and the 2018 judgments of this high court.

The provisions in the notification require verification of the age and health status of the cattle as per the provisions of the Act, they said.

In a notification on May 13, the West Bengal government issued a set of guidelines banning the slaughter of animals without a “fitness certificate” from the authorities and warned of criminal action if the guidelines are not followed.

The state has also made it clear that the slaughter of animals in open public spaces will be “strictly prohibited”.

A number of petitions have been filed in the high court challenging the May 13 notification with respect to the directions to be followed or compliance with the West Bengal Animal Slaughter Control Act, 1950.

Noting that the public order dated May 13 was issued to implement an order passed by this High Court in 2018, the division bench, which also includes Justice Partha Sarathi Sen, said that it did not find any reason to stay or postpone the notification.

The court also asked the state to review whether there was a proper mechanism for issuing the necessary certificate under the 1950 Act and the Animal Slaughter Rules.

The court asked the government to also check whether responsible officials are present in the state to issue such a certificate and whether the necessary infrastructure is in place across the state where slaughter can be carried out.

The bench said if the state finds any deficiency, “we hope and trust that it will be cured at the earliest.”

Published – 21 May 2026 21:18 IST