Kolkata High Court has upheld the ban imposed by the West Bengal government on killing of animals before Eid and has rejected the petitions challenging it. The court has rejected the demand of giving exemption on religious grounds under the Animal Slaughter Act of 1950 and allowing the killing of buffalo, bull etc. However, the court has directed the state government to consider within 24 hours whether any relaxation will be required on the occasion of Eid on 27/28 May.
Due to this order of the West Bengal government, a controversy has arisen regarding the sacrifice of cattle for Eid-ul-Azha (Bakrid). Many leaders including TMC MP Mahua Moitra had filed a petition against this order. They argue that these new restrictions will harm religious customs and the rural economy.
The state government had already made it clear that only animals above 14 years of age or those who have become permanently disabled will be considered fit for sacrifice. According to Islamic customs, a handicapped animal cannot be sacrificed. The case was heard by the division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen. TMC MLA Akhruzzaman had brought this matter to the court. Mahua Moitra was also present during the hearing.
What instructions were given in the notice of West Bengal Government?
According to the notification issued by the government, before giving permission for sacrifice, it is necessary to undergo veterinary checkup of the animal to confirm its age and physical condition. Under the new rule, it is necessary to obtain fitness certificate before sacrificing bull, bull, cow, calf and buffalo. According to the notification, only those animals whose age is more than 14 years, or who have become permanently disabled due to injury, physical deficiency, old age or any incurable disease, can be sacrificed. Even for the sacrifice of such animals, it will be necessary to obtain a certificate from the authorities.
What did the petitioners say?
Senior advocate Shadan Farasat, appearing on behalf of Mahua Moitra, told the court that he is only seeking relief for some time. He said that this law of 1950 has been made against religious sacrifice. He told that Section 4 of the law states that only animals above 14 years of age can be sacrificed. He further explained that for Bakrid, a healthy animal is required for sacrifice and not an old or injured animal.
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