The Supreme Court on Monday stayed a Madras High Court order that directed the Tamil Nadu government to ensure that no cow or calf was slaughtered in the state on the eve of Bakrid or on any other day, saying the ruling required “correction”.
According to NDTV, the Vijay-led Tamilaga Vettri Kazhagam (TVK) government had challenged the Madras High Court’s 27 May order by filing a special leave petition in the Supreme Court. The High Court had directed the state to enforce an August 1976 government order imposing a ban on cow slaughter across Tamil Nadu.
In its appeal, the state argued that the judicial direction conflicted with existing law. It contended that the legislation permits the slaughter of a specific category of cattle at designated places and that a court order contrary to the statutory provisions could not be sustained.
The High Court order, delivered by a Division Bench comprising Justices GR Swaminathan and V Lakshminarayanan, relied on the 1976 government order, which prohibited cow slaughter in the interest of milk production and the improvement of the rural economy.
Writing the judgment, Justice Swaminathan observed that Article 48 of the Constitution requires the state to take steps to prohibit the slaughter of cows, calves and other milch and draught cattle. He also noted that debates in the Constituent Assembly had described the cow as a revered animal closely associated with Indian civilisation since the time of Lord Krishna.
Traditionally, Muslims perform animal sacrifice during Bakrid at private premises and religious gatherings in accordance with local regulations. Several Hindu temples in Tamil Nadu also conduct ritual animal sacrifices during annual festivals. Community leaders have argued that limiting such sacrifices to licensed slaughterhouses is impractical because many facilities lack the capacity to meet festival demand.
The Tamil Nadu government has maintained that existing laws, including the Tamil Nadu Animal Preservation Act and other regulations governing slaughterhouses, already specify where and under what conditions animals may be slaughtered, but do not impose a complete ban.
