Supreme Court Stays Madras High Court Order on Statewide Cow Slaughter Ban in Tamil Nadu
Apex court puts High Court directive on hold while hearing Tamil Nadu government's challenge.
The Supreme Court on Monday stayed the Madras High Court’s order directing the immediate implementation of a statewide ban on cow slaughter in Tamil Nadu.
A Bench of Justices Vikram Nath and Sandeep Mehta issued notice on a Special Leave Petition filed by the Tamil Nadu government and granted an interim stay on the High Court’s May 27 judgment. The court observed that the High Court’s order required correction, leading to the temporary suspension of its operation.
The Tamil Nadu government argued that the High Court’s direction went beyond the scope of the state’s existing laws. According to the government, the Tamil Nadu Animal Preservation Act, 1958, does not impose a complete ban on cattle slaughter. Instead, it allows slaughter under specific conditions after obtaining the required permission.
The state also referred to other laws governing animal welfare and slaughter, including the Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, and provisions under the Tamil Nadu Urban Local Bodies Act, 1998, along with the Rules notified in 2023.
The case originated from a Public Interest Litigation filed by K. Surya Prasanth of the Indu Makkal Katchi. The petition sought directions to ensure that animal slaughter, especially during Bakrid, takes place only in authorised slaughterhouses and not in public places such as those reported in Coimbatore.
While hearing the matter, a vacation Bench of the Madras High Court expanded the scope of the petition. Referring to Article 48 of the Constitution, which calls upon the state to prohibit the slaughter of cows, calves, and other milch and draught cattle, the court directed authorities to enforce a complete ban on cow and calf slaughter across Tamil Nadu.
The High Court also relied on a 1976 Government Order that prohibits the slaughter of cows and heifers in slaughterhouses, holding that the order has the force of law. It instructed the Chief Secretary and the Director General of Police to ensure that no cow or calf is slaughtered anywhere in the state, whether during Bakrid or on any other occasion.
With the Supreme Court’s interim stay now in place, the High Court’s directions will remain on hold until the apex court examines the legal issues raised by the Tamil Nadu government. The matter is expected to come up for further hearing in the coming weeks.