The Supreme Court on Monday stayed a Madras High Court order that directed the Tamil Nadu government to ensure no cow or calf is slaughtered in the state on Bakrid or any other day, observing that the High Court’s directions required “correction.”
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued notice to the respondents after the Tamil Nadu government challenged the May 27 order, arguing that it imposed a blanket ban beyond what is permitted under the Tamil Nadu Animal Preservation Act, 1958.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
The state government contended that the High Court’s directions were inconsistent with the law, which allows cow slaughter under limited circumstances. Under Section 4 of the Act, cattle may be slaughtered if they are over 10 years old or are permanently unfit for breeding or agricultural work, provided a competent authority issues the necessary certificate.
While staying the High Court’s directions, the apex court said the order required correction and directed that it would remain suspended until further orders.
The dispute stems from a petition filed by Surya, state general secretary of the Indu Makkal Katchi, who sought action against the alleged illegal slaughter of cows in public places. Hearing the plea, a division bench of the Madras High Court had directed the Chief Secretary and senior police officials to ensure that no cow or calf was slaughtered on Bakrid “or on any other day” and that slaughter, where permitted, took place only in authorised slaughterhouses.
The Tamil Nadu government argued that while the judgment recognised slaughter in authorised facilities, it simultaneously imposed a complete prohibition on cow slaughter, creating an internally contradictory order and exceeding the scope of the 1958 Act.
The High Court had relied on Article 48 of the Constitution, a Directive Principle of State Policy, which urges the state to prohibit the slaughter of cows, calves, and other milch and draught cattle. It also held that the certification process under the Act must be strictly followed before any slaughter is permitted.
