According to Islamic Jurisprudence, the practice of animal sacrifice is compulsory on all Muslims. It is obligatory for every mature Muslim to sacrifice a Goat, Lamb, Bull or a Cow according to his financial capacity to Almighty Allah. Moreover, according to the doctrines of Islam mature Muslims hailing from poor families are permitted to join and sacrifice a Cow, Bull etc by each holding 1/7th share in the value of such animal instead of each of them sacrificing a Goat, which is well beyond their means.
In other words sacrifice of Goat is counted as a single Qurbani per person, whereas, seven mature Muslims can join together by holding 1/7th of Share in case of sacrifice of animals mentioned above. Therefore, a person is permitted to sacrifice or slaughter Cow, Bull, Bullocks for this auspicious occasion of Eid-ul-Adha and facilities even the downtrodden and weaker sections of the Muslim community to perform their religious obligations/duty.
In Surah Baqrah, Allah ordained him to sacrifice a Cow. The holy Quran says “And remember Moses said to his people: Allah commands that ye sacrifice a heifer ( 2:67)
The underlying reason behind this ritual is that due to love and attachment of the man with the worldly things, he is distracted from the path of Allah and by observing this ritual of sacrifice, the man will be able to sacrifice his ego which is the real cause of destruction. Further it is stated there has been reference to slaughter of cows and bulls in many verses of the Holy Quran as well as the Hadith. One such instance can be traced in the Holy Quran, which is as under:-
Surah Al-Baqrah (2:68 ) says “And (Recall) when Moses said to his People “indeed, Allah commands you to slaughter a Cow”. They said, “Do you take us in ridicule?” He said, “I seek refuge in Allah from being among the ignorant.
The Provisions 298 A to 298D of RPC are a complete intrusion into the religious rights and obligations of the Muslim and therefore deserves to be declared as unconstitutional as being violative of Article 25 of the Constitution.
No enactment or Provision can be allowed to intrude upon such a right unless and until exercise of such right in a private capacity would be detrimental to the Society.