Calcutta High Court Upholds Bengal Animal Slaughter Rules, Orders Ban on Open-Space Slaughter

MP, May 22, 2026, Kolkata : The Calcutta High Court on Thursday refused to interfere with the West Bengal government’s May 13 notification regulating animal slaughter ahead of Eid-Al-Adha, while directing the State to immediately add clauses prohibiting slaughter in open public places and clarifying that sacrifice of a cow is not a religious requirement under Islam.

However, the court also observed that the State should examine whether adequate mechanisms, infrastructure and responsible officers were in place across West Bengal for implementation of the law and address any shortcomings at the earliest.

A division bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that the notification was issued in compliance with earlier High Court directions regarding implementation of the West Bengal Animal Slaughter Control Act, 1950.

The batch of petitions challenged the State’s public notice prescribing conditions for slaughter during the upcoming festival season. While some petitioners argued that the notification violated provisions of the 1950 Act and rules framed under it, others challenged the constitutional validity of certain provisions of the law.

The Union government, State government, Kolkata Municipal Corporation (KMC) and police authorities jointly submitted that the May 13 notice merely incorporated earlier court directions that had already attained finality.

Accepting the contention, the bench observed that a comparison of the impugned notice and previous court directions made it “crystal clear” that the present notification was issued to implement earlier orders. The court, therefore, declined to stay or quash the notice.

The judges reiterated that no animal could be slaughtered without a fitness certificate issued jointly by local authorities and a veterinary surgeon, and that slaughter could take place only at authorised slaughterhouses.

KMC submitted that it had adequate slaughterhouse infrastructure and authorised officials for issuing certificates, but no applications seeking slaughter permission had yet been received from the petitioners.

Referring to earlier orders, the court directed the State to amend the notification forthwith by inserting clauses stating that slaughter of animals, including cows and buffaloes, in open public places is strictly prohibited and that sacrifice of a cow is no part of the Eid festival and is not a religious requirement under Islam.

The court also directed the State to decide within 24 hours on pleas seeking exemption under Section 12 of the Act, considering the approaching festival dates.

The bench refused interim relief in petitions challenging the constitutional validity of Sections 4, 6, 7, 8 and 11 of the Act, observing that the 76-year-old law carried a presumption of constitutionality unless declared otherwise after full hearing.