The Madras High Court has issued a directive to the Tamil Nadu government to prohibit the slaughter of cows and calves across the state, particularly on the occasion of Bakrid, as well as on any other day. This directive came as a judgment in the case of Surya Vs State, highlighting the court’s stance on the matter.
The bench, comprising Justice GR Swaminathan and Justice V Lakshminarayanan, instructed the Chief Secretary and the Additional Director General of Police, Law and Order, to ensure compliance with this order. “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,” articulated the justices in their ruling.
Furthermore, the court emphasized that animal slaughter should only occur in designated slaughterhouses, objecting to the use of temporary facilities. The ruling arose from a public interest litigation filed by K Surya alias K Surya Prasanth, a resident of Coimbatore, who requested measures to prevent public slaughter of cows.
The court scrutinized an affidavit from the Inspector of Police of D2 Selvapuram Police Station in Coimbatore, which suggested that temporary locations had been set aside for cow slaughter. The court questioned the legitimacy of these locations, stating that only competent local authorities could designate lawful slaughter sites per existing laws.
Despite initial informal wording in the petitioner’s representation, the court proceeded to address the central issue. It referenced an earlier Division Bench order from July 30, 2020, and a 1976 Government Order by the Tamil Nadu government concerning cow slaughter.
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The court clarified that while the law does not impose an absolute ban on cow slaughter, it becomes impermissible unless legal conditions are met. Article 48 of the Indian Constitution, which urges the state to prohibit the slaughter of cows, calves, and other milch and draught cattle, was cited in support of this position.
The court also referenced Supreme Court judgments, stating that cow sacrifice on Bakrid is not deemed an essential religious practice for Muslims. Furthermore, the Tamil Nadu Urban Local Bodies Rules, 2023 were cited, underscoring that slaughter should only occur in designated places.
The court reinforced the enforceability of a Tamil Nadu government order banning the slaughter of cows and heifers in all state slaughterhouses, affirming its legal authority. “A Government Order issued by the Government banning cow slaughter is very much sustainable and has to be enforced, as it has the force of law,” the court declared.
The bench examined the Tamil Nadu Animal Preservation Act, 1958, noting that Section 4 requires a certificate from a competent authority to slaughter any animal, which must be over ten years old and unfit for work or breeding.
The court stressed that this provision, being somewhat contrary to Article 48, necessitates strict interpretation. Although the issue was initially raised concerning Coimbatore, the court mandated that the statutory provisions be enforced statewide in Tamil Nadu.
Additional Advocate General PV Balasubramaniam, with Advocate M Guruprasad, represented the Animal Husbandry Department, while Additional Advocate General T Gowthaman, also with Advocate M Guruprasad, appeared for the District Collector and Coimbatore Corporation. Public Prosecutor R John Satyan, assisted by Advocate C R Malarvannan, represented the police authorities.
[Read Judgment]
