The Tamil Nadu government on Wednesday moved the Supreme Court challenging a Madras High Court order that directed a blanket ban on cow slaughter in the state. The state has argued that the High Court’s directive goes beyond the provisions of the Tamil Nadu Animal Preservation Act and effectively expands the scope of the law.
In its petition, the state sought relief from the High Court’s May 27 order, contending that while the Act regulates cow slaughter under specific conditions, the court’s direction amounts to a complete ban beyond what the legislation prescribes.
The challenge arises from an order passed by a division bench of Justices G.R. Swaminathan and V. Lakshminarayan, which directed the state’s Chief Secretary and senior police officials to ensure that no cow or calf was slaughtered on Bakrid or on any other day. The bench also instructed authorities across Tamil Nadu to issue necessary directions to ensure strict compliance with the order.
According to the Tamil Nadu government, the High Court’s interpretation extends beyond the statutory framework laid down under the Animal Preservation Act.
Under Section 4 of the Tamil Nadu Animal Preservation Act, the slaughter of a cow is permitted only under specific circumstances. A cow may be slaughtered only if it is over 10 years old, is unfit for work or breeding, and has been certified as such by the competent authority.
While passing its order, the High Court observed that Section 4 must be interpreted strictly in light of Article 48 of the Constitution, which directs the state to take steps to prohibit the slaughter of cows, calves and other milch and draught cattle. The bench held that slaughter can be permitted only after obtaining the certificate prescribed under the Act.
The order was passed while hearing a petition filed by Surya, the state general secretary of the Indu Makkal Katchi, who sought directions to prevent the alleged illegal slaughter of cows in public places. The petitioner claimed that despite submitting a representation to the authorities, no action had been taken.
The High Court also referred to previous Supreme Court judgments, observing that cow slaughter is not an essential religious practice associated with Bakrid. The bench noted that Muslims can perform animal sacrifice during the festival without necessarily slaughtering cows, adding that sacrifice is not confined to cows alone.