Madras High Court orders ban on cow slaughter in Tamil Nadu with immediate effect; here's why

It cites 1976 government order and Article 48 of the Constitution; authorities cannot permit slaughter of any animal in a place other than designated slaughterhouses, the bench says.

The Madras High Court on Wednesday directed the Tamil Nadu government to ensure that no cow or calf is slaughtered in the State on the eve of Bakrid or on any other day by implementing the government order issued on August 30, 1976 for prohibiting cow slaughter in the interest of milk production and improvement of rural economy.

A bench of Justice G R Swaminathan and V Lakshminarayanan also directed the Chief Secretary to the government and the Additional Director General of Police, Law and Order, to issue suitable instructions to all officials concerned to ensure that there is no breach of the order.

“We allow this writ petition with a direction to the State of Tamil Nadu to ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day,” the court ordered, according to Bar and Bench.

The court passed the order on a public interest litigation petition filed by Coimbatore resident K Surya alias K Surya Prasanth, who sought directions to prevent the slaughter of cows in public places.

The authorities cannot permit slaughter of any animal in a place other than designated slaughterhouses, the bench directed.

The court was particularly critical of the stand taken in the counter-affidavit filed by the inspector of police of D2 Selvapuram Police Station in Coimbatore. The affidavit indicated that certain temporary places had been earmarked for cow slaughter.

Questioning this, the court asked how temporary sheds could be treated as lawful slaughtering places.

The petitioner had earlier submitted a representation to the authorities seeking steps to prevent cow slaughter during Bakrid. Since no action was taken, he moved the High Court.

The court referred to an earlier Division Bench order of the High Court dated July 30, 2020, as well as a 1976 government order issued by the State of Tamil Nadu on cow slaughter.

It clarified that the law does not impose an absolute ban on cow slaughter in every situation. However, it held that cow slaughter becomes impermissible unless the conditions under the applicable law are satisfied.

The bench referred to 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 also relied on Supreme Court judgments to hold that cow sacrifice on Bakrid is not an essential religious practice for Muslims.

The bench also directed the High Court Registry to list the matter once again on Friday (May 29) for the government to report compliance.