AIR 1995 SUPREME COURT 464 ::1994 AIR SCW 4692 ::1994 AIR SCW 4688 ::(1995) 2 CivLJ 77 ::1995 (1) SCC 189 ::(1995) 1 Pun LR 685 ::(1995) 1 SCJ 268 ::(1994) 7 JT 531 (SC) ::1995 (7) JT 443

Supreme Court Of India

(From : 1982 (2) Cal HN 273)

Hon'ble Judge(s): Kuldip Singh, B. L. Hansaria, S. B. Majmudar , JJJ

(A) West Bengal Animal Slaughter Control Act (22 of 1950) , S.12, S.4— Exemption from operation of Act - Grant of - Permissible only for religious, medicinal or research purposes - Slaughtering of healthy Cows on Bakri Idd day - Is not essential or required for religious purposes of Muslims - Order exempting slaughter of such Cows from operation of Act - Illegal. Constitution of India , Art.25(1)— Cow slaughter- Restrictions imposed under Act - Exemption from - Cannot be granted even for optional religious practices.Muslim Law - Cow slaughter on Bakri Idd day - Not an essential religious practice.Religious right - Essential religious practices - Cow slaughter on Bakri Idd - Not essential practice of Muslims.Interpretation of Statutes - Exemption provision - Provision diluting main thrust of legislation- To be strictly construed. When there is a total ban under the Act so far as slaughtering of healthy cows which are not fit to be slaughtered as per Section 4(1) is concerned, if that ban is to be lifted even for a day, it has to be shown that such lifting of ban is necessary for sub-serving any religious, medicinal or research purpose. It is optional for a Muslim to sacrifice a goat for one person or a cow or a camel for seven persons. It is not obligatory that a person must sacrifice a cow. Once the religious purpose of Muslims consists of mak....