Cow slaughter on Bakrid not essential to Islam: Madras High Court bans cow slaughter

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. [Surya Vs State].

A Bench of Justice GR 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.

Further, the authorities cannot permit slaughter of any animal in a place other than designated slaughter houses, the Bench directed.

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

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 Court also made it clear that the police could not decide which place should be treated as a slaughtering area. Such designation, it indicated, must come from the competent local authority under the applicable law.

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 noted that the petitioner’s representation and writ prayer were not happily worded. However, it said that this would not prevent it from examining the core issue.

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 Court further referred to the Tamil Nadu Urban Local Bodies Rules, 2023 and said that slaughter can be carried out only in a designated place.

The Court also referred to a Tamil Nadu government order banning the slaughter of cows and heifers in all slaughter houses in the State. It held that such a government order was enforceable.

“A Government Order issued by the Government banning cow slaughter is very much sustainable and has to be enforced, as it has the force of law,” the Court said.

The Court further observed that slaughtering cows on Bakrid is neither essential nor necessarily required as part of the religious ceremony.

The Bench then examined the Tamil Nadu Animal Preservation Act, 1958. It noted that under Section 4 of the Act, no animal can be slaughtered without a certificate from the competent authority stating that the animal is fit for slaughter.

The Bench said that no cow can be slaughtered unless it is over ten years of age and is unfit for both work and breeding, or has become permanently incapacitated for work or breeding due to injury, deformity or an incurable disease.

Since the provision permits cow slaughter and is at variance with Article 48, it must receive a strict interpretation, the Court said.

Although the petition concerned Coimbatore, the Court said the statutory provisions must be enforced across Tamil Nadu. Therefore, it directed the Chief Secretary and the DGP to ensure that no cow slaughter is allowed in Tamil Nadu.

Additional Advocate General PV Balasubramaniam, assisted by Advocate M Guruprasad, appeared for the Animal Husbandry Department

Additional Advocate General T Gowthaman, assisted by Advocate M Guruprasad, appeared for the District Collector and Coimbatore Corporation.

Public Prosecutor R John Satyan, assisted by Advocate C R Malarvannan, appeared for the police authorities.

[Read Judgment]