Vijay Government Secures Supreme Court Stay Against Cow Slaughter Ban Order

Underscoring that it required "correction", the Supreme Court on Monday stayed the Madras High Court order directing 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.

The Vijay-led Tamilaga Vettri Kazhagam, or TVK, government had filed a special leave petition in the Supreme Court against the May 27 direction of the Madras High Court to impose a ban on cow slaughter across the state by implementing an August 1976 government order.

Read: Vijay Moves Supreme Court Against Cow Slaughter Ban, Sparks Political Row

Challenging the high court's order, the state contended that when the legislation permits the slaughter of a particular category of cows in designated places, a judicial direction contradicting the statutory provision cannot be sustained.

The Madras High Court order, passed by a Division Bench of Justices GR Swaminathan and V Lakshminarayanan, was based on the 1976 order which prohibited cow slaughter in the interest of milk production and improvement of rural economy.

Justice Swaminathan, who authored the decision, had highlighted that Article 48 of the Constitution required the state to take steps for prohibiting the slaughter of cows, calves and other milch as well as draught cattle. Even during the debates in the Constituent Assembly, it had been underlined that cow was a revered animal and that it had been associated with our civilisation from the time of Lord Krishna, the judge stressed.

Traditionally, Muslims perform animal sacrifice during Bakrid at private premises and religious congregations in accordance with local regulations, while several Hindu temples in Tamil Nadu also conduct ritual animal sacrifices during annual festivals. Community leaders argue that confining such sacrifices only to licensed slaughterhouses is impractical, as many facilities lack the capacity to handle festival demand.

The Tamil Nadu government has maintained that existing laws, including the Tamil Nadu Animal Preservation Act and other regulations governing slaughterhouses, already regulate where and under what conditions animals may be slaughtered but do not impose a total prohibition.