Kolkata, The Calcutta High Court on Thursday directed the West Bengal government to take a decision as per Section 12 of the West Bengal Animal Slaughter Control Act, 1950, regarding the exemption prayed for in view of Eid al-Adha.
A division bench presided by Chief Justice Sujoy Paul 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.
In a notification on May 13, the West Bengal government issued a set of guidelines barring animal slaughter without a “fit certificate” from authorities and warned of penal action if the directions are not followed.
The state also made it clear that animal slaughter in open public places would be “strictly prohibited”.
A batch of petitions were filed before the high court challenging a notice dated May 13 with regard to the guidelines to be followed or compliance of West Bengal Animal Slaughter Control Act, 1950.
Noting that the public notice of May 13 was issued for implementing an order passed by this high court in 2018, the division bench, also comprising Justice Partha Sarathi Sen, said it finds no basis to stay or set aside the notice.
The court also asked the state to examine whether there exists a proper mechanism for the issuance of the necessary certificate under the Act of 1950 and the Rules for the slaughter of animals.
The court asked the government to also examine whether responsible officers are in place in the state for issuing such a certificate and whether the necessary infrastructure is in place in the entire state where slaughter can take place.
The bench said that if any deficiency is found by the state, “we hope and trust the same shall be cured at the earliest.”
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