Vijay-led Tamil Nadu govt gets relief as SC stays Madras HC cow slaughter ban directive | Today’s news
According to ANI, the Supreme Court on Monday upheld the Madras High Court’s directive that directed the Tamil Nadu government to ensure that no cow or calf is slaughtered anywhere in the state.
A bench comprising Justices Vikram Nath and Sandeep Mehta passed the interim order while hearing a petition filed by the Tamil Nadu government against the apex court’s May 27 order.
The court accepted the matter for consideration and sent notices to the respondents asking for a response.
The state government moved the apex court after the Madras High Court directed officials to ensure that cows and calves are not slaughtered anywhere in Tamil Nadu, whether on the eve of Bakrid on May 28 or on any other occasion.
What the Tamil Nadu Government has stated in its petition
In its petition, the state government had argued that the high court’s order was in violation of the provisions of the Tamil Nadu Animal Protection Act, 1958.
According to the law, cows that are over 10 years old and are no longer fit for work or breeding can be slaughtered if the relevant authority issues the necessary certificate.
The state government further argued that several other laws, including the Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Slaughterhouse) Rules, 2001, the Tamil Nadu Urban Local Bodies Act, 1998 and the Tamil Nadu Local Bodies Rules, 2023, regulate the manner and conditions under which animals may be slaughtered but do not make them blanket. LiveLaw.
According to the state, by ordering a complete ban on the slaughter of cows and calves, the Supreme Court effectively overstepped the existing legal framework and thus approached judicial legislation rather than interpreting the law.
Senior advocate Dr Abhishek Manu Singhvi represented the Tamil Nadu government before the apex court.
What Madras HC said
“We allow this writ petition directed 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 high court said in May.
The Bench ordered that the authorities shall not permit the slaughter of any animal at places other than authorized slaughterhouses. The order was issued in response to a Public Interest Litigation filed by Coimbatore resident K Surya alias K Surya Prasanth seeking judicial intervention to stop cow slaughter in public spaces.
The court said, “The Government Ordinance issued by the Government prohibiting cow slaughter is highly sustainable and must be enforced as it has the force of law.”
He further submitted that though the petition is limited to Coimbatore, the statutory requirements must be enforced uniformly throughout Tamil Nadu. Based on this, the court directed the chief secretary and director general of police to ensure that cow slaughter is not allowed anywhere in the state.
