The Tamil Nadu government argued before the Supreme Court that existing state laws regulate cattle slaughter under specified conditions and do not impose an absolute statewide prohibition, even in designated slaughterhouses.
File image of the Supreme Court of India (IANS photo)
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 anywhere in the state. The top court was hearing an appeal filed by the state government, which argued that the High Court had exceeded the scope of the case before it.
A Bench of Justices Vikram Nath and Sandeep Mehta issued notice on the Tamil Nadu government’s Special Leave Petition and granted an interim stay on the High Court’s May 27 judgment. During the hearing, Justice Nath observed that the impugned order required “correction” before the court passed the interim relief.
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The Tamil Nadu government contended that the High Court had gone beyond the statutory scheme governing animal slaughter in the state by effectively imposing a blanket prohibition.
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According to the appeal, the original public interest litigation had sought directions to prevent the slaughter of cows in public places and to ensure that animal slaughter took place only in authorised slaughterhouses. Instead, the High Court directed that no cow or calf be slaughtered anywhere in Tamil Nadu, including on Bakrid or any other day.
The state further argued that the order effectively prohibited cow slaughter even in designated slaughterhouses, contrary to the legal framework in force.
It told the Supreme Court that the Tamil Nadu Animal Preservation Act, 1958, regulates cattle slaughter by prescribing conditions under which it may be permitted. It does not impose an absolute ban.
The appeal also relied on 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, the Tamil Nadu Urban Local Bodies Rules, 2023, and applicable food safety regulations to argue that the law provides for regulation rather than a blanket prohibition.
The High Court’s order was passed on May 27 while allowing a public interest litigation filed by General Secretary of Hindu Makkal Katchi, K Surya Prasanth, who alleged that temporary sheds had been erected in Coimbatore for cow slaughter during Bakrid.
The High Court directed the Tamil Nadu government to ensure that no cow or calf was slaughtered on the eve of Bakrid or on any other day. It also instructed the Chief Secretary and the Additional Director General of Police (Law and Order) to issue directions for strict compliance.
Referring to Article 48 of the Constitution, the High Court observed that the State should take steps to prohibit the slaughter of cows, calves and other milch and draught cattle.
It also relied on a 1976 Government Order banning the slaughter of cows and heifers in slaughterhouses across Tamil Nadu. The court held that the government order had the force of law and was enforceable.
The High Court further said that animal slaughter could take place only in designated slaughterhouses and not at any other location.
With the Supreme Court’s interim order, the operation of the High Court’s directions will remain stayed until further proceedings in the case.
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