New Delhi : The Supreme Court on Monday stayed a Madras High Court order directing the Tamil Nadu government to ensure that no cow or calf is slaughtered in the state on the eve of Bakrid or on any other day, saying the directions required “correction”. A bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice on the Tamil Nadu government’s appeal challenging the High Court’s ruling.
The state government had moved the Supreme Court nearly two weeks ago, contending that the High Court’s blanket ban on cow slaughter was contrary to the provisions of the Tamil Nadu Animal Preservation Act, 1958. Under the 1958 Act, cattle may be slaughtered if they are over 10 years old or are no longer fit for breeding or agricultural work, provided a certificate is issued by the competent authority.
While directing that animal slaughter be carried out only at authorised slaughterhouses, the bench also instructed the state Chief Secretary and senior police officials to ensure that no cow or calf was slaughtered on Bakrid or on any other day. The High Court further directed the authorities to issue instructions across the state to ensure strict compliance with its order.
According to the state, the High Court went beyond the legal framework by ordering a complete ban on cow slaughter despite the Act permitting it under certain conditions. The government maintained that the judgment conflicted with the statutory scheme and warranted interference by the Supreme Court.
The case originated from a petition filed by Surya, state general secretary of the Indu Makkal Katchi, seeking directions to prevent the alleged illegal slaughter of cows in public places. The petitioner told the High Court that despite submitting a representation to the authorities, no action had been taken.
While deciding the matter, the High Court examined Article 48 of the Constitution, a Directive Principle of State Policy, which calls upon the state to take steps to prohibit the slaughter of cows, calves and other milch and draught cattle. The High Court also referred to Section 4 of the Tamil Nadu Animal Preservation Act, observing that cow slaughter is permissible only under limited circumstances—when the animal is over 10 years old, is unfit for breeding or agricultural work, and has been certified as such by the competent authority.
The court also relied on a government order stating that restrictions on cow slaughter were intended to improve milk production and support the rural economy. However, the Tamil Nadu government has argued before the Supreme Court that the High Court’s directions went beyond the scope of the law and effectively imposed a prohibition not contemplated by the Act.
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