Tamil Nadu approaches Supreme Court against complete cow slaughter ban
The Tamil Nadu government has moved the Supreme Court challenging a Madras High Court order imposing a complete ban on cow slaughter in the state
The Tamil Nadu government has moved the Supreme Court challenging a Madras High Court order imposing a complete ban on cow slaughter in the state except in cases permitted under Section 4 of the Tamil Nadu Animal Preservation Act, which allows the slaughter of a cow only if it is over 10 years old, unfit for work or breeding and certified as such by the competent authority. Read Full Story In its plea, the state government argued that the High Court had gone beyond the framework of the law by directing a blanket prohibition on cow slaughter, contending that the order exceeded the scope of the provisions laid down under the Act.
The challenge stems from a May 27 order of a division bench of Justice GR Swaminathan and Justice V Lakshminarayan, which directed the state's Chief Secretary and senior police officials to ensure that no cow or calf was slaughtered on Bakrid "or on any other day." The court had directed authorities to issue appropriate instructions to officials across the state to ensure compliance with the order. The High Court passed the order on a petition filed by Surya, state general secretary of the Indu Makkal Katchi, who sought directions to prevent the alleged illegal slaughter of cows in public places.
The petitioner claimed that despite submitting a representation to the authorities, no action had been taken. While considering the matter, the High Court 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 further observed that Section 4 of the Tamil Nadu Animal Preservation Act permits the slaughter of a cow only if it is over 10 years old, unfit for work or breeding, and certified as such by the competent authority.
Holding that the provision must be interpreted strictly in light of Article 48, the court ruled that slaughter could be permitted only after obtaining the prescribed certificate. The bench also relied on Supreme Court judgments holding that cow slaughter is not an essential religious practice associated with Bakrid. Ends
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