‘Ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day’: Madras High Court to Tamil Nadu Govt | Today’s news
The Madras High Court on Wednesday directed the Tamil Nadu government to ensure that no cows or calves are slaughtered in the state on the eve of Bakrid or any other day, the Bar and Bench said.
A bench comprising Justice GR Swaminathan and Justice V Lakshminarayanan also instructed the Principal Secretary and Additional Director General of Police (Law and Order) to issue appropriate directions to all concerned authorities to ensure strict compliance of the order.
What did the Madras HC say?
“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 court said.
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.
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The court strongly objected to the stand taken in the counter-affidavit filed by the police inspector of D2 Selvapuram police station in Coimbatore, which stated that certain temporary places had been designated for cow slaughter.
The court raised concerns about this claim, questioning how makeshift or temporary stables could be considered valid or legal slaughter facilities.
The court further clarified that it is not within the jurisdiction of the police to designate or determine slaughterhouse sites and said such decisions must be made by the relevant local body in accordance with the relevant law.
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The petitioner had earlier submitted a statement to the authorities seeking measures to prevent cow slaughter during Bakrid. With no response, he appealed to the High Court.
Although the Court noted that the petitioner’s representation and motion for court proceedings were not well prepared, it noted that this does not prevent it with regard to the substantive issue raised in the case.
The court relied on an earlier decision of the Division Bench of the Madras High Court dated 30 July 2020 along with the Government Order 1976 issued by the Tamil Nadu government on cow slaughter.
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He noted that the law does not impose a direct or blanket ban on cow slaughter under all circumstances. However, he decided that such a slaughter would not be permissible unless the conditions established by the relevant legal regulations were met.
The Bench also referred to Article 48 of the Constitution, which directs the state to take measures to prohibit the slaughter of cows, calves and other milch and draft cattle.
The court also cited the Tamil Nadu Urban Local Bodies Rules, 2023, which states that slaughtering is allowed only at officially designated places.
It further took cognizance of the government order issued by the Tamil Nadu government banning the slaughter of cows and heifers in all slaughterhouses across the state and held that the order was legally enforceable.
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.”
It noted that cow slaughter on Bakrid is not a necessary or mandatory part of religious observance.
He then reviewed the Tamil Nadu Animal Protection Act, 1958 and found that under Section 4, no animal can be slaughtered without a certificate from the competent authority that it is fit for slaughter.
The bench added that a cow can be slaughtered only if it is more than ten years old and unfit for work and breeding or if it has become permanently disabled due to injury, deformity or incurable disease, the report said.
The court held that the provision authorizing the slaughter of cows appears to be inconsistent with Article 48 and therefore must be strictly construed.
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.
