The Supreme Court on Monday stayed the Madras High Court's order imposing a statewide ban on the slaughter of cows and calves in Tamil Nadu, granting interim relief to the state government, which argued that the directive was contrary to existing law.
A Bench of Justices Vikram Nath and Sandeep Mehta passed the interim order while issuing notice on a Special Leave Petition filed by the Tamil Nadu government challenging the High Court's May 27 ruling.
The apex court observed that the final paragraph of the High Court's order, which directed a blanket prohibition on the slaughter of cows and calves across the state, appeared to require "correction", according to court proceedings.
The Tamil Nadu government contended that the High Court's directions were inconsistent with the provisions of the Tamil Nadu Animal Preservation Act, 1958. It argued that while the court had correctly directed that animal slaughter should take place only at authorised slaughterhouses, it had simultaneously imposed a complete ban on the slaughter of cows and calves on Bakrid and on any other day.
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According to the state, the blanket prohibition contradicted the provisions of the 1958 Act, which permits the slaughter of cows above the age of 10 years that are no longer fit for breeding or agricultural work, subject to certification by the competent authority.
The Madras High Court had passed the order while hearing a public interest litigation filed by K. Surya Prasanth, general secretary of the Hindu Makkal Katchi. The petition had sought directions to ensure that animal slaughter was carried out only at designated slaughterhouses.
However, while disposing of the PIL, the High Court expanded the scope of its directions and ordered that no cow or calf should be slaughtered anywhere in Tamil Nadu, either on the eve of Bakrid or on any other day.
The High Court had relied on a 1976 Supreme Court judgment, observing that restrictions on cow slaughter were intended to protect milk production and support the rural economy.
With the Supreme Court staying the operation of the controversial direction, the legal position under the Tamil Nadu Animal Preservation Act will continue until the matter is heard further. The apex court has sought responses from the concerned parties and will examine the validity of the High Court's directions in subsequent proceedings.
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