Supreme Court Stays Madras High Court's Order Banning Cow Slaughter In Tamil Nadu

New Delhi (Raghwendra Pratap Singh) : The Supreme Court today stayed the Madras High Court's order directing a ban on the slaughter of cow or calf anywhere in the State of Tamil Nadu for Bakrid or on any other day.

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta passed the interim order while issuing notice on the Special Leave Petition filed by the State of Tamil Nadu challenging the Madras High Court's order, which imposed a blanket ban on the slaughter of cows and calves in the State.

The bench observed that the last paragraph of the High Court's order (which imposed the state-wide ban), prima facie required "correction."

The State argued that the High Court's order was contrary to the Tamil Nadu Animal Preservation Act, 1958, which permits the slaughter of cows aged over 10 years that are unfit for work and breeding, on the basis of a certificate issued by the competent authority. Apart from the said law, other applicable statutes such as 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 regulate the conditions under which animals may be slaughtered but do not impose a total prohibition. By directing a complete ban, the High Court has, according to the State, substituted judicial legislation for statutory law.

The High Court bench comprising Justice GR Swaminathan and Justice V Lakshminarayan passed the order on May 27, on the eve of Bakrid, on a Public Interest Litigation filed by K Surya Prasanth, the General Secretary of Hindu Makkal Katchi. Though the petitioner's prayer was for directions to ensure that slaughter takes place only in designated places, the High Court passed a blanket order banning the slaughter of cows and calves anywhere on any day.

In passing the order, the High Court relied upon a Government Order which observed that a ban on cow slaughter was necessary to improve milk production and the rural economy. The High Court also referred to Supreme Court precedents which held that cow slaughter was not an essential practice for Bakrid celebration.