Tamil Nadu moves Supreme Court against blanket ban on cow slaughter
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The blanket ban on cow slaughter ordered by the Tamil Nadu High Court, reading Article 48 of the Constitution while not considering Section 4 of the Tamil Nadu Animal Preservation Act, which allows cow slaughter under certain conditions, namely that the cow is over 10 years old, unfit for work or breeding, and certified as such by the competent authority, has prompted the Tamil Nadu government to challenge the order before the Supreme Court.
In its petition, the state government argued that the High Court had travelled beyond the statutory framework by directing a complete prohibition on cow slaughter, contending that the order exceeded the scope of the provisions contained in the Animal Preservation Act.
The challenge arises from a May 27 order delivered by a division bench comprising Justice GR Swaminathan and Justice V Lakshminarayan. The bench directed the Chief Secretary and senior police officials to ensure that no cow or calf was slaughtered on Bakrid or on any other day, while instructing authorities across the state to issue necessary directions to secure compliance.
The High Court had passed the order on a petition filed by Surya, state general secretary of the Indu Makkal Katchi, seeking action against the alleged illegal slaughter of cows in public places. The petitioner contended that despite submitting representations to the authorities, no effective measures had been taken.
While adjudicating the matter, the High Court relied on Article 48 of the Constitution, which directs the state to take steps to prohibit the slaughter of cows, calves and other milch and draught cattle. It held that Section 4 of the Tamil Nadu Animal Preservation Act must be construed strictly in the light of the constitutional directive, permitting slaughter only after certification by the competent authority.
The bench also referred to Supreme Court rulings holding that the slaughter of cows is not an essential religious practice associated with Bakrid, observing that Muslims are not religiously obliged to sacrifice cows and may fulfil the ritual through the sacrifice of other animals.