Calcutta High Court Reserves Order On Challenge To Bengal Govt's Cattle Slaughter Restrictions Ahead Of Eid

The Calcutta High Court on Thursday (May 21) reserved its order in a batch of petitions challenging the West Bengal government's recent notification regulating the slaughter of cattle ahead of Eid-ul-Azha.The petitioners, including TMC MP Mahua Moitra, contended that the restrictions would adversely impact religious practices and the rural economy. This comes after the State govt clarified that only animals above 14 years age or permanently disabled would be 'fit' to be slaughtered. The matter was moved before a division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen by Trinamool Congress MLA Akhruzzaman. TMC MP Mahua Moitra also appeared during the hearing. Moitra and other petitioners have challenged a notification issued earlier this month under the West Bengal Animal Slaughter Control Act, 1950, which requires veterinary assessment regarding the age and physical condition of cattle before slaughter permission is granted.The challenge concerns a state notification mandating a “fit certificate” before slaughter of bulls, bullocks, cows, calves and buffaloes. Under the notification, only animals above 14 years of age or those permanently incapacitated due to injury, deformity, old age or incurable disease would qualify for slaughter after certification by the authorities.Economically easier to sacrifice larger animalSenior advocate Shadan Farasat appearing for TMC leader Mahua Moitra, urged that he had only sought for interim relief. He said that the 1950 Act is structured against religious sacrifice.Farasat said that Section 4 states that only animals above 14 years age can be sacrificed. He said that Bakrid sacrifice pertains to “qurbani” of only a healthy animal and not of an old or maimed animal."Therefore exemption must become even more important. Any religious practise is an exempted category. All my arguments are for exemption. Under the law, the State can exempt the slaughter of animal for “any” religious purpose. If exemption cannot be granted for this purpose, there will be no other purpose at all," he said.He said that on Bakr-eid an animal is sacrificed for one person. Thus a larger animal covers 7 people wherein a smaller animal covers one person and so the masses can only afford larger animals.Farasat said that the Supreme Court had observed that when a family of 7 can sacrifice one large animal, they may not be able to afford 7 smaller animals. Thus, Farasat said, the Apex Court had taken note of "economic compulsion" over religious compulsion.Farasat said that the Supreme Court judgment granted exemption for cows. "Cows may have some relevance regarding hurting others sentiments. But for buffaloes bullocks and oxen, there is no such exemption," he said.He further submitted that this issue is also pending in the Supreme Court regarding protection of Essential Religious Practice. "Is only essential religious practise protected or even other practises? That has now been reserved by the SC," he said.Farasat submitted that Eid-Al-Adha was falling on May 27/28 and urged the court to grant an exemption for animal sacrifice for religious purpose.Can grant exemption for religious sacrificeHe said, "High Court can issue a writ of mandamus to compel the performance according to law or pass an order itself directing the performance of the activity. This court can direct them to do it in a certain way". The court asked if slaughtering constituted an offence to which Farasat said that it was punishable with six month imprisonment and fine and was thus seeking an an exemption.Concluding the senior counsel submitted, "Sacrifice for religious purpose has a different legislative treatment. I am seeking an exemption for the biggest festival in my religion. Otherwise what is the purpose of the exemption clause?". During the hearing one of the petitioner's argued that he had sought stopping of cow slaughtering. Emphasizing that he had sought ban on slaughtering all together, the petitioner said that the "qurbani made on Bakerid" slaughters innocent and voiceless animals. Another petitioner had sought a direction to the authorities to issue guidelines regarding lawful performance of qurbani on Eid according to the laws and to notify public slaughter houses; and not to subject citizens to unlawful harassment by unlawful groups.Law unused for long time, loses forceMeanwhile senior advocate Bikash Bhattacharya appearing for another petitioner said that the Act seeks to control the slaughter of animals and its objective is to perseve animals for agriculture. On difficulty in the application of the Act the senior counsel said:"Now the agriculture is no longer dependent on buffaloes or cows. The technology has developed. Admittedly this Act has operation only in municipal areas which were municipalities in 1952. Not beyond that. Because it came to force in 1952. Except Calcutta municipality and Kalimpong, this is not applicable anywhere else. Now to show the purpose of the statute, the Act says that...

Calcutta High Court Reserves Order On Challenge To Bengal Govt's Cattle Slaughter Restrictions Ahead Of Eid

Srinjoy Das

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Srinjoy Das

Calcutta High Court Reserves Order On Challenge To Bengal Govt's Cattle Slaughter Restrictions Ahead Of Eid

Srinjoy Das

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Srinjoy Das

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