STATE OF WEST BENGAL ETC. ETC. versus ASHUTOSH LAHIRI AND ORS.

Citation: [1994] SUPP. 5 S.C.R. 515 · Decided: 16-11-1994 · Supreme Court of India · Bench: KULDIP SINGH, B.L. HANSARIA, S.B. MAJMUDAR

Judgment (excerpt)

STATE OF WEST BENGAL ETC. ETC. 
A 
v. 
ASHUTOSH LAHIRI AND ORS. 
NOVEMBER 16, 1994 
[KULDIP SINGH, B. L. HANSARIA AND S.B. MAJMUMDAR, JJ.] 
B 
West Bengal Animal Slaughter Control Act, 1950-Section 12-
Exemption of slaughter of healthy cows on Bakri-ldd day-Validity 
challenged-Whether such slaughter of cows by members of Muslim 
community on Bakri Idd was an essential requirement of Muslim religion-
C 
Held, No, as such an exemption was outside the scope of section 12. 
Respondents filed a tVrit petition challenging the validity of 
exemption of slaughter of scheduled animal, namely, cows, from the 
operation of the West Bengal Animal Slaughter Control Act, 1950 on 
Bakri-Idd day. The writ petitioners contended that the State of West D 
Bengal had wrongly invoked section 12 of the Act when it exempted 
from the operation of the Act, the slaughter of healthy cows on the 
ground that such exemption was required to be given for the religious 
purpose of Muslim community. The Division Bench of the High Court 
held that such slaughter of cows by members of Muslim community on 
Bakri Idd was not an essential requirement of Muslim religion and E 
therefore, such exemption was ousted the scope of section 12 of the Act. 
A mandamus was issued to State calling upon them to forbear from 
giving any such exemption on the occassion of Bakri ldd day 
thereinafter. 
These appeals by special leave are filed against the judgment of the F 
High Court. It was contended by the State that the view of the High 
Court was erroneous and it did not correctly interpret section 12 of the 
Act. According to the appellants such exemption can be granted for 
fulfilling any religious purpose and such purpose · may not be an 
obligatory purpose. That even if it is open to a Muslim to offer sacrifice G 
of a goat or a camel or a cow and when such a sacrifice should be of a 
healthy animal it was perfectly open to the State to grant exemption 
from the operation of the Act so far as the slaughtering of healthy cow 
on Bakri Idd day was concerned. So far as section 12 of the Act is 
concerned it does not talk of an essential religious purpose but talks of 
any religiou; purpose which may include even an optional purpose. 
H 
515 
516 
SUPREME COURT REPORTS 
[1994) SUPP. 5 S.<;.R 
A 
The respondent in these appeals contended that the Act is meant 
for controlling the slaughter of animals including the cows and 
buffalloes and this is with the object of increasing the supply of milk 
and avoiding the wastage of animal power necessary for improvement 
of agriculture. Under. the Act so far as healthy animals like cows are 
concerned there is a complete ban on slaughtering them. Section 12 
B 
seeks to lift the ban in connection with such animals only on the 
fulfilment of the condition precedent, namely, such lifting of ban being 
necessary for any· religious, medicinal or research purpose. As this is an 
exception to the general protection against slaughtering of healthy 
animals, such exemption.or exception should be strictly construed and 
cannot be lightly granted or lightly resorted to for any optional 
C 
religious purpose which may not be absolutely necessary. It was 
submitted that it is no~ essential for Muslims to earn religious merit by 
insisting on sacrificing only healthy cows on Bakri ldd. Consequently, 
the State will not have any jurisdiction or power to invoke section 12 
for fulfilling such optional religious practice of Muslim community. 
D 
Dismissing the Appeal, this Court 
HELD: 1.1 The legislative intention of the West Bengal Slaughter 
Control Act, 1950 is that healthy cows which are not fit to be 
slaughtered cannot be slaughtered at all. In other words there is total 
ban against slaughtering of healthy cows and other animals mentioned 
E 
in the schedule u/s 2 of the Act. This is the very essence of the Act and is 
necessary to subserve the purpose of the Act i.e. to increase the supply 
of milk and avoid the wastage of animal power necessary for 
improvement of agriculture. (520-H, 521-A) 
1.2. Section 12 seeks to lift the ban in connection with slaughter of 
F 
such animals on certain conditions. For lifting the bap it should be 
shown that it is essential or necessary for a Muslim to sacrifice a 
healthy cow on Bakri ldd day and if such is the requirement of 
religious purpose then it may enable the State in its wisdom to lift the 
ban. If it is not necessary or essential to permit slaughter of a healthy 
cow for any religi

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