The Tamil Nadu government has approached the Supreme Court challenging the Madras High Court’s order imposing a statewide ban on cow and calf slaughter. The State questioned directions issued to authorities while hearing a PIL seeking regulation of slaughter at authorised places under law.
The Tamil Nadu government has moved the Supreme Court challenging a recent order of the Madras High Court that imposed a complete ban on the slaughter of cows and calves across the State.
The State government has questioned the High Court’s May 27 direction, under which the Chief Secretary and the Director General of Police (DGP)/Head of Police Force were instructed to ensure that “no cow or calf got slaughtered across the state either on the eve of Bakrid on May 28, or on any other day.”
The High Court’s direction was issued while hearing a Public Interest Litigation (PIL) filed by K Surya Prasanth, General Secretary of Hindu Makkal Katchi. The petitioner had sought directions to ensure that cow slaughter, if carried out, should only take place at authorised locations and in accordance with the law.
However, instead of limiting the relief to regulation of slaughter activities, the High Court proceeded to impose a statewide prohibition on the slaughter of cows and calves.
The State government, in its appeal before the Supreme Court, has argued that the High Court’s order goes beyond the statutory framework established under the Tamil Nadu Animal Preservation Act, 1958.
The State contended that the law does not impose an absolute prohibition on cow slaughter. Under the provisions of the Act, slaughter of cows above the age of 10 years is permissible if the animal is certified to be unfit for agricultural work or breeding purposes by a competent authority.
According to the government, the High Court’s reliance on a 1976 order that prohibited cow slaughter on the ground of protecting milk production and improving the rural economy was inconsistent with the existing legal position under the Tamil Nadu Animal Preservation Act.
The State has maintained that the legislative policy governing animal preservation in Tamil Nadu permits a regulated system rather than a complete ban.
The controversy arose around the observance of Bakrid, after concerns were raised regarding possible slaughter of cows during the festival. The PIL sought judicial intervention to prevent unlawful slaughter and ensure compliance with existing regulations.
During the proceedings, the Madras High Court referred to earlier directions concerning preservation of cattle and emphasised the importance of protecting cows and calves. Based on these considerations, the Court directed authorities to prevent any slaughter of cows or calves anywhere in Tamil Nadu.
The State government has now urged the Supreme Court to examine whether such a blanket prohibition is legally sustainable when the State’s own preservation law permits slaughter in specified circumstances.
The matter is expected to bring into focus the balance between animal preservation measures, religious practices, and the scope of judicial intervention in matters governed by statutory provisions.
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