The ruling comes amid a political and legal row over new restrictions imposed by the Government of West Bengal on the slaughter of cows, bulls, buffaloes and calves.
What the new government order says
The notification, issued on May 13 by the government led by Suvendu Adhikari, mandates that no animal can be slaughtered without a fitness certificate issued jointly by authorised local officials and a government veterinary surgeon.
The rules apply to cows, bulls, buffaloes, calves and other animals typically sacrificed during the festival.
Petitioners had argued that the fresh conditions went beyond the scope of the 1950 law governing animal slaughter and were inconsistent with existing rules.
High Court refuses to strike down notice
A Division Bench headed by Chief Justice Sujoy Paul refused to stay or quash the notification, observing that the 2026 order was substantially based on directions issued by the High Court itself in the 2018 case of Rajyashree Chaudhuri vs State of West Bengal.
The Bench noted that the earlier ruling had attained finality since it was never challenged before a higher court.
Fitness certificate mandatory
Reaffirming the conditions laid down earlier, the court said animals cannot be slaughtered without a fitness certificate.
The certificate must be jointly issued by a municipal chairman or panchayat authority along with a veterinary surgeon after verifying:
- The animal is above 14 years of age
- It is not permanently incapacitated due to injury, disease or age
- Slaughter In Public Places Prohibited
The court further clarified that slaughter can only take place at authorised municipal slaughterhouses or locations approved by local authorities.
It directed the state government to explicitly add two key clauses from the 2018 order into the 2026 notification:
Slaughter of cows, buffaloes or other animals in public places is strictly prohibited
Cow sacrifice is not considered an essential religious practice in Islam, citing the Supreme Court judgment in Mohd. Hanif Quareshi vs State of Bihar
The Bench also pointed to shortcomings in the state’s infrastructure for implementing the rules effectively.
The judges observed that the government must ensure a proper mechanism for issuing slaughter certificates and maintaining authorised slaughterhouse facilities across West Bengal.
Taking note of the urgency surrounding the upcoming religious festival, the court directed the state government to take a decision within 24 hours on exemption requests filed by some petitioners.
The Bench also remarked that a law that has remained in force for more than 76 years carries a strong presumption of constitutionality unless proven otherwise.