SC stays Madras HC order enforcing statewide cow slaughter ban in Tamil Nadu

The Supreme Court stayed the Madras High Court's order directing enforcement of a statewide cow slaughter ban in Tamil Nadu through a 1976 Government Order, issued notice on the state's plea, and observed that the impugned judgment required correction

New Delhi: The Supreme Court on Monday stayed the operation of the Madras High Court’s order directing the immediate enforcement of a statewide ban on cow slaughter in Tamil Nadu by implementing a 1976 Government Order.

A Bench of Justices Vikram Nath and Sandeep Mehta issued notice on the Special Leave Petition (SLP) filed by the Tamil Nadu government and stayed the operation of the High Court’s judgment.

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During the hearing, the Justice Nath-led Bench observed that the impugned judgment required “correction” before passing the interim order staying its operation.

The Tamil Nadu government had moved the apex court challenging the May 27 judgment of the Madras High Court, which directed the Chief Secretary and the Director General of Police to ensure that no cow or calf is slaughtered anywhere in the state, either during Bakrid celebrations or on any other day.

In its plea, the state government contended that the High Court’s directions travel beyond the statutory framework governing animal slaughter in Tamil Nadu.

According to the petition, while the Tamil Nadu Animal Preservation Act, 1958, regulates the slaughter of cattle by prescribing conditions under which it may be permitted, it does not impose a blanket prohibition.

The state government has also relied on other applicable laws, including the Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, the Tamil Nadu Urban Local Bodies Act, 1998 and the Tamil Nadu Urban Local Bodies Rules, 2023.

As per the SLP, the original Public Interest Litigation (PIL) had sought directions to ensure that slaughter was carried out only at designated slaughterhouses, but the Madras High Court went further and ordered that no cow or calf be slaughtered anywhere in Tamil Nadu.

The impugned order was passed by a vacation Bench of Justices G.R. Swaminathan and V. Lakshminarayanan while allowing a PIL filed by K. Surya Prasanth, youth wing secretary of the Indu Makkal Katchi.

The writ petitioner had sought directions to the authorities to prevent the slaughter of cows in public places after alleging that temporary sheds had been erected in Coimbatore for cow slaughter during Bakrid.

Referring to Article 48 of the Constitution, which directs the government to prohibit the slaughter of cows, calves and other milch and draught cattle, the Madras High Court had observed that “the State shall take steps for prohibiting the slaughter of cows and calves and other milch and draught cattle.”

It had also relied on a 1976 Government Order banning the slaughter of cows and heifers in slaughterhouses across Tamil Nadu and held that “since the executive power is co-terminus with the legislative power, a Government Order issued by the Government banning cow slaughter is very much sustainable and has to be enforced, as it has the force of law.”

Holding that slaughter of animals could take place only in designated slaughterhouses, the Madras High Court had concluded that “the authorities cannot permit slaughter of any animal in a place other than designated slaughter houses.”

It had directed the Tamil Nadu government “to ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day” and instructed the Chief Secretary and the Additional Director General of Police (Law and Order) to issue appropriate directions to all concerned officials for strict compliance.