TheCalcutta High Courton Thursday upheld the ban on cow slaughter in public places and also refused to stay the order of theWest Bengalgovernment regulating animal slaughter ahead of Eid-Al-Adha, as per Section 12 of the State’s Animal Slaughter Control Act, 1950.
A division bench presided by CJ Sujoy Paul ordered the State to amend the notice by expressly incorporating that “sacrifice of a cow is no part of the festival of Id-Uz-Zoha and not a religious requirement under Islam,” as decided by the Supreme Court in Hanif Quershi vs State of Bihar.
The court, however, directed the State to decide whether it would permit an exception under the 1950 Animal Slaughter Rules for the upcoming festival of Eid on May 27 or 28.
The division bench directed that considering the fact that the festival may take place 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 direct that the state shall take a decision in the teeth of Section 12 of the Act of 1950 regarding the exemption prayed for by certain petitioners," the court directed.
The petitioners sought an exemption under Section 12 of the Animal Slaughter Control Act, 1950, for performing the religious rituals during the festival.
Senior lawyer Bikash Ranjan Bhattacharya, appearing for one petitioner, submitted before the court that the Act was framed in 1950, when agriculture was dependent on domestic animals, but at present, farming is technology-driven. He stated that Section 12 of the Act provides for relaxation for religious purposes.
Bhattacharya also claimed that there has been a healthy growth in the cattle population over the years in West Bengal.
Opposing the prayers, the state and the Centre's lawyers submitted that the notification imposing certain restrictions was issued as per the provisions of the Act and judgments of this high court in 2018.
The provisions in the notification call for vetting the age and health of cattle as per the provisions of law, they stated.
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