Supreme Court Stays Madras High Court's Blanket Ban on Cow Slaughter in Tamil Nadu
The Supreme Court on Monday stayed the operation of a Madras High Court order that had directed the Tamil Nadu government to ensure that no cow or calf was slaughtered on the eve of Bakrid or on any other day, granting interim relief to the state government.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued notice on the Tamil Nadu government's appeal and observed that the High Court's directions required "correction." The apex court has stayed the order until further proceedings in the case.
The Tamil Nadu government had challenged the High Court's May 27 ruling, arguing that it effectively imposed a blanket prohibition on cow slaughter that was inconsistent with the Tamil Nadu Animal Preservation Act, 1958. According to the state, the law permits the slaughter of cattle in specified circumstances, including when an animal is over 10 years old or is permanently unfit for breeding or agricultural work after obtaining the prescribed certification.
During the hearing, the Supreme Court agreed to examine whether the High Court had exceeded the scope of the existing legislation while issuing its directions. As a result, the High Court's order will remain inoperative until the matter is decided.
The dispute originated from a petition seeking action against the alleged illegal slaughter of cows in public places. While disposing of the plea, the Madras High Court had directed the Chief Secretary and senior police officials to ensure that cows and calves were not slaughtered during Bakrid or thereafter. It had also instructed authorities across the state to strictly enforce its directions.
The state government contended that while the High Court acknowledged that slaughter could take place only in authorised slaughterhouses, it simultaneously imposed a complete ban that went beyond the provisions of the 1958 Act. The government argued that such a direction was contrary to the legal framework enacted by the legislature.
In its earlier judgment, the Madras High Court had referred to Article 48 of the Constitution, a Directive Principle of State Policy that encourages states to prohibit the slaughter of cows, calves and other milch and draught cattle. The court had also emphasised that slaughter could only be permitted after obtaining the certificate prescribed under the Tamil Nadu Animal Preservation Act.
With the Supreme Court's interim order now in place, the High Court's blanket directions will remain stayed while the constitutional challenge proceeds.
