The Tamil Nadu government has moved the Supreme Court challenging the Madras High Court's order directing the immediate enforcement of a statewide ban on cow slaughter by implementing a 1976 Government Order
NEW DELHI — The Tamil Nadu government has moved the Supreme Court challenging the Madras High Court's order directing the immediate enforcement of a statewide ban on cow slaughter by implementing a 1976 Government Order.
The special leave petition (SLP), filed by the Secretary to the Government, Animal Husbandry Department, is presently under the apex court’s defect list and is yet to be listed for hearing.
In its plea, the Tamil Nadu government has challenged the May 27 order of the Madras High Court, which directed the Chief Secretary and the Director General of Police to ensure that no cow or calf is slaughtered anywhere in the state, either during Bakrid celebrations or on any other day.
The state government has contended that the High Court's directions travel beyond the statutory framework governing animal slaughter in Tamil Nadu. According to the petition, while the Tamil Nadu Animal Preservation Act, 1958, regulates the slaughter of cattle by prescribing conditions under which it may be permitted, it does not impose a blanket prohibition.
The state government has also relied on other applicable 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.
As per the SLP, the original plea had sought directions to ensure that slaughter was carried out only at designated slaughterhouses, but the Madras High Court went further and ordered that no cow or calf be slaughtered anywhere in Tamil Nadu.
The impugned order was passed by a vacation Bench of Justices G.R. Swaminathan and V. Lakshminarayanan while allowing a public interest litigation (PIL) filed by K. Surya Prasanth, youth wing secretary of the Indu Makkal Katchi.
The writ petitioner had sought directions to the authorities to prevent the slaughter of cows in public places after alleging that temporary sheds had been erected in Coimbatore for cow slaughter during Bakrid.
Referring to Article 48 of the Constitution, which directs the government to prohibit the slaughter of cows, calves and other milch and draught cattle, the Madras High Court observed that "the State shall take steps for prohibiting the slaughter of cows and calves and other milch and draught cattle."
It also relied on a 1976 Government Order banning the slaughter of cows and heifers in slaughterhouses across Tamil Nadu and held that "since the executive power is co-terminus with the legislative power, 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."
Holding that slaughter of animals could take place only in designated slaughterhouses, the Madras High Court concluded that "the authorities cannot permit slaughter of any animal in a place other than designated slaughter houses."
It had directed the Tamil Nadu government "to ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day" and instructed the Chief Secretary and the Additional Director General of Police (Law and Order) to issue appropriate directions to all concerned officials for strict compliance.