'Correction required': Why Supreme Court stayed Madras HC's cow slaughter ban in Tamil Nadu
The top court passed the interim order while hearing a petition filed by the Tamil Nadu government
The Supreme Court has provided interim relief to the Tamil Nadu government by staying a Madras High Court order that had imposed a complete ban on cow and calf slaughter across the state. The High Court's decision, which was based on a 1976 government order aimed at boosting milk production and the rural economy, had prohibited all such slaughter, even though the state's Animal Preservation Act of 1958 permits the slaughter of cows older than 10 years deemed unfit for work or breeding, provided they are certified. The Tamil Nadu government had challenged the High Court's broad prohibition, asserting that other existing laws regulate slaughter conditions rather than impose an absolute ban, leading to the Supreme Court's intervention to review the High Court's potentially erroneous order.
The Supreme Court has provided interim relief to the Tamil Nadu government by staying a Madras High Court order that had imposed a complete ban on cow and calf slaughter across the state. The High Court's decision, which was based on a 1976 government order aimed at boosting milk production and the rural economy, had prohibited all such slaughter, even though the state's Animal Preservation Act of 1958 permits the slaughter of cows older than 10 years deemed unfit for work or breeding, provided they are certified. The Tamil Nadu government had challenged the High Court's broad prohibition, asserting that other existing laws regulate slaughter conditions rather than impose an absolute ban, leading to the Supreme Court's intervention to review the High Court's potentially erroneous order.
The Supreme Court has provided interim relief to the Tamil Nadu government by staying a Madras High Court order that had imposed a complete ban on cow and calf slaughter across the state. The High Court's decision, which was based on a 1976 government order aimed at boosting milk production and the rural economy, had prohibited all such slaughter, even though the state's Animal Preservation Act of 1958 permits the slaughter of cows older than 10 years deemed unfit for work or breeding, provided they are certified. The Tamil Nadu government had challenged the High Court's broad prohibition, asserting that other existing laws regulate slaughter conditions rather than impose an absolute ban, leading to the Supreme Court's intervention to review the High Court's potentially erroneous order.
In a big relief to the Vijay-led TVK government in Tamil Nadu, the Supreme Court on Monday stayed a Madras High Court order that had imposed a blanket ban on the slaughter of cows and calves in the state.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta passed the interim order while hearing a petition filed by the Tamil Nadu government last month. The top court observed that the final paragraph of the High Court’s order prima facie required "correction".
The apex court agreed to hear the matter in detail and issued notice to the respondents.
In its order dated May 27, the Madras High Court had directed the Chief Secretary and senior police officials to ensure that no cow or calf was slaughtered in Tamil Nadu, either on the eve of Bakrid on May 28 or on any other day.
The High Court order was passed on a plea filed by K. Surya Prasanth, General Secretary of the Hindu Makkal Katchi, who had sought directions to ensure that animal slaughter was carried out only at designated places. However, the court issued a broader direction prohibiting the slaughter of cows and calves across the state.
The High Court had relied on a 1976 government order, which stated that a ban on cow slaughter was necessary to boost milk production and strengthen the rural economy.
The TVK-led Tamil Nadu government challenged the order before the Supreme Court on June 9, arguing that the High Court’s direction was contrary to the provisions of the Tamil Nadu Animal Preservation Act, 1958. The state contended that the law permits the slaughter of cows above 10 years of age that are unfit for work or breeding, subject to certification by a competent authority.
The government further argued that other 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, regulate animal slaughter conditions but do not impose an absolute ban.