Vijay-led Tamil Nadu govt gets relief as SC stays Madras HC's cow slaughter ban directive

The Supreme Court on Monday stayed a Madras High Court directive that had ordered the Tamil Nadu government to ensure that no cow or calf is slaughtered anywhere in the state, according to ANI.

A bench comprising Justices Vikram Nath and Sandeep Mehta passed the interim order while hearing a petition filed by the Tamil Nadu government against the high court’s 27 May ruling.

The bench admitted the matter for consideration and issued notices to the respondents, seeking their response.

The state government had moved the apex court after the Madras High Court directed officials to ensure that cows and calves were not slaughtered anywhere in Tamil Nadu, either on the eve of Bakrid on 28 May or on any other occasion.

What the Tamil Nadu government said in its petition

The state government argued in its petition that the high court's order was inconsistent with the provisions of the Tamil Nadu Animal Preservation Act, 1958.

Under the Act, cows that are more than 10 years old and are no longer fit for work or breeding may be slaughtered, provided a competent authority issues the necessary certification, it said.

The state government further contended that several 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, govern the manner and conditions under which animals may be slaughtered but do not provide for a blanket ban, as per LiveLaw.

According to the state, by ordering a complete prohibition on the slaughter of cows and calves, the high court effectively went beyond the existing legal framework and, in doing so, amounted to judicial legislation rather than an interpretation of the law.

Senior advocate Dr Abhishek Manu Singhvi represented the Tamil Nadu government before the apex court.

What Madras HC had said

"We allow this writ petition with a direction to the state of Tamil Nadu to ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day," the high court had mentioned in May.

The Bench directed that authorities must not allow the slaughter of any animal at locations other than authorised slaughterhouses. The order was issued in response to a public interest litigation filed by Coimbatore resident K Surya alias K Surya Prasanth, who sought court intervention to stop the slaughter of cows in public spaces.

The court mentioned, "A government order issued by the government banning cow slaughter is very much sustainable and has to be enforced, as it has the force of law.”

It further stated that although the petition was confined to Coimbatore, the statutory requirements must be enforced uniformly throughout Tamil Nadu. On this basis, the court ordered the chief secretary and the director general of police to ensure that cow slaughter is not permitted anywhere in the state.