New Delhi: The Supreme Court on Monday stayed the operation of a Madras High Court order that had directed the Tamil Nadu government to ensure that no cows or calves are slaughtered anywhere in the state. The interim relief came after the Tamil Nadu government challenged the High Court’s ruling, arguing that it effectively imposed a blanket prohibition on cow slaughter beyond what is permitted under existing state laws.
A bench comprising Justices Vikram Nath and Sandeep Mehta issued notice on the state government’s appeal and ordered that the High Court’s May 27 judgment would remain stayed until further consideration of the matter.
The Tamil Nadu government, represented by its counsel Jayasree Narasimhan, approached the Supreme Court on June 9, contending that the High Court had exceeded the scope of the original petition. According to the state, the case before the High Court was primarily concerned with whether cows and calves could be sacrificed at locations not designated as slaughterhouses during Bakri Eid. However, instead of limiting its decision to that issue, the High Court directed a complete ban on cow slaughter across Tamil Nadu, including in authorised slaughterhouses.
In its appeal, the state argued that such a blanket prohibition is legally unsustainable and overrides the provisions of the Tamil Nadu Animal Preservation Act, 1958. The legislation permits the slaughter of cows that are over 10 years of age and have been certified by a competent authority as unfit for work or breeding. The government maintained that the High Court’s order effectively nullifies the statutory framework established by the legislature.
The appeal further stated that other relevant 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, regulate the conditions under which animal slaughter may take place but do not impose a complete ban.
Describing the High Court’s ruling as an instance of “judicial lawmaking,” the state argued that the judiciary cannot introduce an absolute prohibition where the legislature has consciously provided regulated exceptions. It also challenged the High Court’s observation that government authorities had effectively accepted the allegations made by the petitioner. The state clarified that its consistent position had been to prevent slaughter in public places while allowing lawful slaughter only in designated and enclosed facilities, away from public view and without disturbing public order or communal harmony.
The legal dispute originated from a petition filed by Coimbatore resident K. Surya Prasanth. The petitioner alleged that local authorities had made arrangements for ritual cow sacrifice at locations that were not officially recognised as slaughterhouses ahead of Bakri Eid. After claiming that his representation to the authorities received no response, he approached the Madras High Court seeking judicial intervention.
During the High Court proceedings, the Tamil Nadu Police informed the court that officials had inspected the identified location and confirmed that a temporary shed had been erected in a non-public area. According to the police, the arrangements ensured that slaughter, if permitted under law, would not obstruct traffic or offend the religious sentiments of members of other communities.
Despite these submissions, the Madras High Court issued sweeping directions prohibiting the slaughter of cows and calves across the state. In its judgment, the division bench comprising Justices G. R. Swaminthan and V. Lakshminarayanan relied on Article 48 of the Constitution, one of the Directive Principles of State Policy, which directs the state to organise agriculture and animal husbandry on modern lines and take steps to prohibit the slaughter of cows, calves and other milch and draught cattle.
The High Court also referred to discussions in the Constituent Assembly, historical accounts concerning cow protection, and Mahatma Gandhi’s views on the issue. It observed that several states had enacted laws restricting cow slaughter after Independence and noted that such laws had received judicial approval over the years.
The bench further cited earlier Supreme Court judgments which held that the sacrifice of a cow is not an essential religious practice in Islam and therefore is not protected as an indispensable part of religious freedom under the Constitution.
Additionally, the High Court referred to a 1976 Tamil Nadu government order that prohibited cow slaughter with the objective of promoting milk production and strengthening the rural economy. It held that since executive power is co-extensive with legislative power, the government order possessed the force of law and remained enforceable.
Based on this reasoning, the High Court directed the Tamil Nadu Chief Secretary and the Additional Director General of Police (Law and Order) to issue appropriate instructions to all authorities to ensure that no cows or calves are slaughtered either during Bakri Eid or on any other day.
With the Supreme Court now staying that judgment, the legal position reverts to the framework provided under the Tamil Nadu Animal Preservation Act, 1958, until the apex court delivers its final decision.
