The Legal Perspective - Important Judgments on ban of cow slaughter

20th August 1982

This Hon’ble High Court issued writ of mandamus vide its judgment and order dated 20^th Aug 1982 passed in public Interest Litigation being C. R. No. 709 (W) of 1971 where by the State & its delegate respondents have been commanded not to allow slaughter of any cow on Bakri-Idd festival in coming days causing infringement of the provisions of the West Bengal Animal Slaughter Control Act (WBASC) Act, 1950 which infringement results into public injury.

WBASC Act 1950 states: -

Preservation of animal power and increase the supply of milk, manure, gobar gas etc

Implementation of the West Bengal Animal Slaughter Control Act by State of West Bengal

Under Section 4, it totally prohibits slaughter of cows, calves, bulls, bullocks, male and female buffaloes (hereinafter called the ‘said animals’), unless and until certificate that the animal is fit for slaughter is obtained.

Under section 5, the act prohibits slaughter of aforesaid animals in a place other than a place prescribed for slaughtering.

 

Section 5 of above is also mentioned in

• Section 428 of Kolkata Municipal Corporation Act 1980
• Section 196 of Howrah Municipal Corporation Act 1980
• Section 278 of West Bengal Municipal Corporation Act, 1993

From the aforesaid statutory provisions it is clear that on the Bakri-IDD day or any other day the aforesaid animals cannot be slaughtered in any place, field, road, buildings or houses etc.

16th November 1994 

Said Judgment & Order dated 20.08.1982 passed in C. R. No. 709 (W) of 1971 (Kedarnath Brahmchari & Ors. Vs. The State of West Bengal & Ors) by the Hon’ble Division Bench of the Hon’ble High Court at Calcutta reported in 1982 (II) CHN 273 on being appealed was upheld by the Hon’ble Special Bench of the Hon’ble Supreme Court of India vide its order dated 16-Nov-1994 in Civil Appeal Nos. 6790 & 6791 of 1983 (State of W. B. etc. etc. vs. Ashutosh Lahiri & Ors.) reported in AIR 1995 SC 464;

12th November 2010 

This Hon’ble High Court vide its order dated 12.11.2010 passed in W.P.No. 1378 of 2010 (Abhijit Das vs. The State of West Bengal & Ors.) along with W. P. No.21591 (W) of 2010 (Enamul Haque & Anr. vs. State of West Bengal & Ors.) by the Hon’ble Jai Narayan Patel, Chief Justice & the Hon’ble Justice Ashim Kumar Roy, JJ. Iner alia directed the State of West Bengal & Ors including the Police authorities

‘To implement the provisions of West Bengal Animal Slaughter Control Act, 1950 & if any instance of cow slaughter on Bakri-Idd is brought to their notice, they will have to take cognizance & act in accordance with law’ with a further direction that ‘it will be open for the petitioners to move this court in case they come across such incident & if the same is reported to the authorities & the authorities fail to take any action in the matter’.

26th September 2011

As respondents did not do anything & lakhs of cows were slaughtered on 17^th to 19^th November 2010. The petitioners filed instant Writ Petition being W. P. No. 16749 (W) of 2011 (Rajesh Yadav & Ors. – Vs. – The State of West Bengal & Ors.) on September 26, 2011, inter alia, praying to enforce, implement & execute the writ of mandamus issued vide the said High Court Judgment of 1982.

13th October 2011 

This Hon’ble Court passed interim order to the effect that ‘it is inconceivable that the State after enacting the legislation should shirk its responsibilities of due implementation thereof.. The State owes the responsibility to ensure the due implementation of the legislation enacted by it & as also the orders passed by the Court. We expect and hope that the State shall make all efforts or take all endeavours to see that the provision of the WBASC Act 1950 is not violated or flouted in any manner whatsoever'

21st October 2011
In spite of service of the said order dated 13.10.2011 as well as learned Advocate’s communication dated 17.10.2011, violating said interim order the Orphangunge Government Market was set up for sell & purchase of cows & other large animals for being sacrificed on ID-UZ-ZOHA in accordance with the meeting dated 29.09.2011 held by the ADM & DL & LRO 24 Parganas (South), the Superintendent of Orphangunge Government Market, police authorities etc.

2nd November 2011 

Instant W. P. No. 16749 (W) of 2011 was finally heard & disposed of by the Hon’ble Mr. Jainarayan Patel, Chief Justice & the Hon’ble Justice Ashim Kumar Roy, JJ. Inter alia directing direct the State Government through its Chief secretary , to see that such arrangement and / or markets in the State of west Bengal are not conducted for trading of cattle for sacrifice & which is otherwise not permitted under the West Bengal Animal Slaughter Control Act, 1950 & the Chief Secretary & all functionaries of the State & local bodies would strictly implement the order passed by this court from time to time for effective & meaningful implementation of the said Act.

3rd to 9th November 2011 

In spite of due communication of said order about one lakh cows were slaughtered during 7^th to 9^th November 2011 in violation of order dated November 2, 2011.

18th November 2011 

Petitioner affirmed instant contempt application.