Calcutta HC upholds ban on cattle slaughter without fitness certificate

The Calcutta HC refused to stay a West Bengal order banning cattle/buffalo slaughter without a fitness certificate before Id-Uz-Zuha. The court noted public slaughter is banned and cow sacrifice is not a religious requirement under Islam.

The Calcutta High Court on Thursday refused to stay the West Bengal government's order reiterating a complete ban on the slaughter of any cattle or buffalo without the mandatory fitness certificate ahead of Id-Uz-Zuha celebrations.

Court Cites Precedent and Law

The division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi noted that the slaughter of animals, including cows and buffalos, in any open public place is strictly prohibited, and the sacrifice of a cow is no part of the festival of Id-Uz-Zuha and is not a religious requirement under Islam, as held by the Supreme Court.

"In our opinion, the Act of 1950 takes care of the relief prayed for by the petitioner, and we have no doubt that the State will endeavour to implement the Act and Rules made thereunder in its true spirit," the court said, referring to the West Bengal Animal Slaughter Control Act, 1950.

State Government's Order on Fitness Certificates

Earlier on May 13, the state government stated that the fitness certificate will only be issued by the Chairperson of any Municipality or the President of any Panchayat Samiti, jointly with a Government Veterinary Officer after the both of them agree in writing that the animal is over 14 years of age--rendering it unfit for work or breeding purposes--or that the animal has become permanently incapacitated due to old age, injury, deformity, or any other incurable disease.

The government also banned public slaughterhouses, stating that the animal will only be slaughtered at the Municipal slaughterhouse or at a slaughterhouse designated by the local administration.

Penalties and Appeal Process

The violation of the West Bengal Animal Slaughter Control Act, 1950, could lead to a fine of six months in jail, or to a fine extending up to Rs 1,000, or to both.

In the event of refusal to issue the fitness certificate, a person can appeal to the State Government within 15 days of receiving the communication regarding the rejection of the certificate.

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)