The Supreme Court of India on Monday stayed a Madras High Court directive that had mandated a complete ban on the slaughter of cows and calves across the state of Tamil Nadu.
A division bench comprising Justices Vikram Nath and Sandeep Mehta put the High Court’s May 27 order on hold while issuing a notice on the Tamil Nadu government’s appeal against the ruling.
State Challenges Legality of Blanket Ban
The Tamil Nadu government, represented by counsel Jayasree Narasimhan, filed its appeal on June 9. The state argued that the High Court’s absolute ban on cow slaughter, even within designated slaughterhouses, is legally unsustainable. According to the state’s petition, the original lawsuit had only raised concerns regarding whether cows and calves could be sacrificed in non-designated public areas during the festival of Bakri Eid. The state contended that the High Court exceeded its jurisdiction by imposing a blanket prohibition, describing the decision as an act of judicial lawmaking.
The state further asserted that the absolute ban contradicts the Tamil Nadu Animal Preservation Act of 1958. This statute permits the slaughter of cows over the age of 10 if a competent authority certifies that the animal is unfit for work or breeding. The government also noted that other relevant laws, including the Prevention of Cruelty to Animals Act of 1960 and local urban body regulations, do not prohibit slaughter entirely but instead prescribe specific conditions for the practice.
Origin of the Legal Dispute
The case originated from a petition filed in the High Court by K Surya Prasanth, a resident of Coimbatore. Prasanth alleged that local officials had failed to address his representations regarding planned ritual sacrifices in areas outside of designated slaughterhouses.
In response, state police submitted a counter-affidavit to the High Court explaining that authorities had inspected the site and set up a temporary, enclosed shed in a non-public area. The police maintained that this arrangement allowed the rituals to proceed without causing traffic obstructions or offending the religious sentiments of other communities. The state reiterated in its Supreme Court appeal that it had already taken necessary steps to prevent slaughter in public spaces, limiting such activities to confined, non-public areas.
High Court’s Constitutional and Historical Interpretation
In the challenged May 27 ruling, High Court Justices G R Swaminathan and V Lakshminarayanan cited Article 48 of the Constitution of India, which directs the state to take steps to prohibit the slaughter of cows, calves, and other milch or draught cattle.
The High Court bench highlighted historical and cultural arguments to support its decision, referencing Constituent Assembly debates regarding the reverence of cows in Indian civilization and noting that several historical rulers had prohibited the practice. The judges also cited Mahatma Gandhi’s advocacy for cow protection and historical research suggesting that large-scale cattle slaughter originally arose to meet the dietary demands of the colonial military.
Additionally, the High Court pointed to past Supreme Court rulings to argue that cow sacrifice is not an obligatory religious practice in Islam. The bench also emphasized a 1976 Tamil Nadu government order that restricted cow slaughter to support the rural economy and boost milk production, ruling that this executive directive possessed the force of law.
The Supreme Court’s interim stay suspends these directives, which had instructed the state’s Chief Secretary and the Additional Director General of Police to enforce an absolute ban on cow and calf slaughter throughout Tamil Nadu.
