The Supreme Court on Monday stayed the operation of a Madras High Court order that had directed the Tamil Nadu government to impose a blanket ban on the slaughter of cows and calves across the state, including during the Bakrid festival. The interim relief came while the apex court heard a petition filed by the Tamil Nadu government challenging the High Court’s ruling.
A bench comprising Justices Vikram Nath and Sandeep Mehta observed that the operative portion of the High Court’s judgment appeared to require “correction” and issued notice on the Special Leave Petition (SLP) filed by the state government. The stay means that the High Court’s direction will remain suspended until the Supreme Court decides the matter.
The Madras High Court had, on May 27, directed the Tamil Nadu government to ensure that no cow or calf was slaughtered anywhere in the state either during Bakrid or on any other day. The directive went beyond the original public interest litigation (PIL), which had sought measures to prevent cow slaughter in public places.
In its appeal before the Supreme Court, the Tamil Nadu government argued that the High Court’s blanket prohibition was inconsistent with the Tamil Nadu Animal Preservation Act, 1958. According to the Act, cows over the age of 10 years that are unfit for work or breeding may be slaughtered, provided a certificate is issued by the competent authority. The state contended that the High Court’s order effectively overrode the statutory framework established by the legislation.
The Supreme Court’s interim order restores the legal position that existed before the High Court’s directive, allowing the provisions of the Tamil Nadu Animal Preservation Act to continue to govern the issue until the case is finally decided.
The matter is expected to come up for further hearing after responses are filed, when the Supreme Court will examine the legality and scope of the Madras High Court’s directions in detail.
