Chennai : The Tamil Nadu government has approached the Supreme Court challenging a Madras High Court order that effectively imposed a blanket ban on cow slaughter in the state, except in circumstances permitted under Section 4 of the Tamil Nadu Animal Preservation Act. In its petition, the state government argued that the High Court had exceeded the scope of the law by directing a complete prohibition on cow slaughter.
It contended that the order went beyond the framework laid down under the Tamil Nadu Animal Preservation Act and imposed restrictions not envisaged by the legislation. The appeal arises from a May 27 order passed by a division bench comprising Justice GR Swaminathan and Justice V Lakshminarayan. The bench directed the state’s Chief Secretary and senior police officials to ensure that no cow or calf was slaughtered on Bakrid “or on any other day.”
The directions were issued while hearing a petition filed by Surya, state general secretary of the Indu Makkal Katchi, who sought action to prevent the alleged illegal slaughter of cows in public places. The petitioner claimed that despite submitting representations to the authorities, no effective action had been taken. While hearing the matter, the High Court referred to Article 48 of the Constitution, a Directive Principle of State Policy that calls upon the state to take steps to prohibit the slaughter of cows, calves and other milch and draught cattle.
Observing that the provision must be interpreted in the light of Article 48, the court held that slaughter can be permitted only after the mandatory certificate has been obtained. The High Court also relied on Supreme Court rulings which held that cow slaughter is not an essential religious practice associated with Bakrid.
Sacrifice of a cow on that day is not an obligatory overt act for a Muslim to exhibit his religious belief and faith. It further noted, “Sacrifice of any animal by Muslims for religious purposes on Bakrid does not require the slaughter of a cow. Slaughtering cows on the occasion is neither essential to nor necessarily forms part of the religious ceremony.”
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