NEW DELHI: The Supreme Court has stayed a Madras High Court judgment that had imposed a total ban on cow slaughter across Tamil Nadu. The High Court had directed the state government to prohibit the slaughter of cows or calves on ‘Bakrid’ or any other day.
Challenging the verdict, the Tamil Nadu government approached the apex court. A Supreme Court bench comprising Justice Vikram Nath and Justice Sandeep Mehta stayed the operation of the High Court order and issued a notice, observing that the directions required “modification.”
The special leave petition was filed by the Tamil Nadu government, led by the Tamizhaga Vetri Kazhagam (TVK) administration.
Senior Advocate Abhishek Manu Singhvi, representing the state, argued that the High Court’s blanket ban directly contradicts the Tamil Nadu Animal Preservation Act, 1958. The state contended that when the existing law permits the slaughter of specific categories of cattle at designated locations, the High Court’s absolute prohibition goes against statutory provisions.
The controversy stems from a May 27 order passed by a Madras High Court bench of Justice G.R. Swaminathan and Justice V. Lakshminarayanan. The High Court was originally hearing a Public Interest Litigation (PIL) filed by an individual named Surya Prasanth, who sought a directive that any sacrificial slaughter of cows must only take place at designated spots. However, during the proceedings, the High Court expanded the scope and banned cow slaughter entirely on Bakrid or any other occasion.
Justifying its ban, the High Court had argued that prohibiting cow slaughter was essential to boost milk production and improve the rural economy. Citing past Supreme Court rulings, the High Court stated that cow slaughter during Bakrid is not an essential religious practice in Islam.
The bench had also observed that Constituent Assembly debates highlighted the cow’s revered status in India since the time of Lord Krishna, adding that several Muslim rulers had banned cow slaughter and Mahatma Gandhi considered cow protection deeply important.
Countering these observations, the Tamil Nadu government maintained that the state’s 1958 Act allows the slaughter of cattle if the animal is over 10 years of age, or has become completely unfit for breeding and agricultural work, provided a necessary certificate is obtained.
To support its case, the state government also cited 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.
The state argued that while these statutes regulate cow slaughter, none of them provide for a total, unconditional ban. Taking note of these arguments, the Supreme Court stayed the High Court’s directive.
