Supreme Court stays Madras HC ban on cow slaughter in Tamil Nadu

The Supreme Court on Monday stayed the operation of the Madras High Court ruling that effectively banned cow slaughter in Tamil Nadu.

Among other observations, the High Court had ruled that cow slaughter is not an essential religious practice in Islam, while ordering a ban on cow or calf slaughter on the eve of Bakrid or any other day.

The Tamil Nadu government had challenged this ruling before the top court.

A Bench of Justices Vikram Nath and Sandeep Mehta today issued notice in the matter and stayed the High Court's judgment.

Senior Advocate Dr. AM Singhvi and Additional Advocate General Prashanto Sen represented the Tamil Nadu government.

The High Court's controversial ruling came 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.

On May 27, the Bench of Justice GR Swaminathan and V Lakshminarayanan held,

“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 Tamil Nadu government, however, has contended that the High Court exceeded its powers while ordering such a cow slaughter ban.

The petitioner before the High Court had only prayed for implementation of existing laws and directions to ensure that animal sacrifice did not take place outside authorised slaughterhouses, the Tamil Nadu government recounted in its plea. 

The State added that the police had already intensified surveillance, identified designated slaughterhouses, deployed officials for inspections and taken steps to ensure that no slaughter took place in public places.

However, after observing that slaughter should be permitted only at designated slaughterhouses, the High Court went on to direct the State to ensure that "no cow or calf is slaughtered on the eve of Bakrid or on any other day."

The State argues that such a directive amounts to a complete prohibition on cow slaughter across Tamil Nadu, even though the applicable legal framework only regulates slaughter.

It argues that the High Court travelled beyond the scope of the original writ petition by granting relief that had not been sought.

The plea also objects to the High Court's discussion on whether cow sacrifice forms an essential religious practice under Islam. It contended that the issue was never raised by the parties and did not arise for determination in the case.

It further argues that the High Court relied on a 1976 government order, issued to prohibit cow slaughter in the interest of milk production and the improvement of the rural economy, without considering how it fits with the existing legal framework. 

The State has, therefore, urged the Supreme Court to set aside the Madras High Court ruling and restore the legal position under the existing statutes governing animal slaughter.

The petition was filed through Advocate Jayasree Narasimhan.