The division bench of the Calcutta High Court On Thursday declined a stay on animal slaughter ahead of Eid celebrations. The court, however, asked the state government to communicate within 24 hours of the order, whether there would be an exception for Eid celebrations on May 27 and 28 under section 12 of the 1950 Act.
The bench led by Chief Justice Sujoy Paul and Partha Sarathi Sen were hearing a batch of writ petition filed challenging restrictions on cow slaughter, including Trinamool Congress (TMC) MP Mahua Moitra who was present in court on Wednesday and Thursday for the hearing. Moitra had filed the petition through TMC MLA Akhruzzaman.
There were four main aspects on which arguments revolved around. These included exemption in the 1950 Act of slaughter for religious and medicinal purposes, lack of infrastructure of municipal slaughter houses, sacrifice of the goat and not cow is mentioned as per Islam and that a person or family must perform sacrifice as per economic means, which translates into the cow being more economical.
Moitra said the 1950 Act was aimed primarily to make sure animal husbandry and milk production is not affected and that it was limited to municipal areas only and there was no provision for this act in panchayat areas. “When you saw the notification, it says panchayat samiti sabhapati, but it is not even applicable to a panchayat area and that notification has never been done. We argued technical issues such as where do you go for a certificate. If the vet and the municipality chairman disagree, there is room for appeal for 15 days. But in this case, you have to get a non-judicial paper, a one-rupee stamp. All these things have never been done.”
“The religion argument, where in Islam you have to sacrifice, because it is synonymous with Ibrahim who was ready to sacrifice his own child. It has to be a healthy animal. If you take a 14-year-old animal who has been diseased or maimed or who is unfit in any way, it is not even fit for sacrifice.”
Moitra also referred to the Animal Cruelty Act 1960, which the respondents brought up during arguments in the court, saying the Act has an exemption for sacrifice along with the 1950 Act under section 12. The respondents were appearing for the state, Kolkata Municipal Corporation(KMC), Police and Additional Solicitor General Ashok Chakraborty.
Petitioners brought up aspects of increase in cattle production since 1950, citing the cattle population in 2019 and the need for cattle trade and animal slaughter now. This was opposed to the 1950 Act, which was primarily to control the cattle population and promote economic growth. Also, Islamic customs on Eid are about sacrificing the goat, with technicalities of the panchayat vet issuing a certificate or infrastructure for Municipal slaughter houses.
Respondents, however, said cattle smuggling across the Bangladesh border was prevalent and that milk from the female cow was needed for the calve. The other arguments placed by respondents were that Islam does not mention sacrifice of the cow and that the 1950 Act and 2018 directives of the HC, which was in public domain, but was not challenged thereafter.
Respondents also argued that the bull or Nandi is sacred in Hindu religion. There was a mention of the order of the court in this case having wider ramifications across the country.
The Suvendu Adhikari government enforced the West Bengal Animal Slaughter Control Act 1950 on May 13 within a week of coming into power and less than a month ahead of Eid-Ul-Adha celebrations on May 27, giving a big blow to the Muslim community. Many cattle traders are affected while many buyers have paid an advance amount ahead of Eid to buy cows.
