A bench of Justices Vikram Nath and Sandeep Mehta issued notice on the special leave petition filed by the State of Tamil Nadu challenging the Madras High Court order.
The Supreme Court on Monday stayed the Madras High Court order that had ordered a ban on the slaughter of a cow or calf anywhere in Tamil Nadu on Bakrid or any other day. Justice Vikram Nath and Justice Sandeep Mehta issued notice on the special leave petition filed by the State of Tamil Nadu challenging the Madras High Court order. The court also passed an interim order completely banning the slaughter of cows and calves in the state.
What did the Supreme Court say?
The bench observed that the original premise of the last paragraph of the High Court order, which called for imposition of restrictions throughout the state, needed “correction”. The bench noted that senior advocate Dr. Abhishek Manu Singhvi appeared for the state.
What arguments did the state government make?
The State argued that the High Court order is contrary to the Tamil Nadu Animal Welfare Act, 1958, which allows the slaughter of cows above 10 years of age, unfit for work and breeding, on the basis of a certificate issued by the competent authority. Apart from this Act, other applicable laws such as the Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Abattoirs) Rules, 2001, the Tamil Nadu Urban Local Bodies Act, 1998 and the Tamil Nadu Urban Local Bodies Rules, 2023 regulate the conditions under which animals can be slaughtered but do not impose general restrictions. In the State’s view, by ordering a blanket ban, the High Court had introduced judicial legislation instead of statutory law.
What was the High Court decision?
High Court Judge G.R. A bench of Justices Swaminathan and V Lakshminarayanan on May 27, the eve of Bakrid, approached Hindu Makkal Katchi general secretary K. The order was passed on the basis of a PIL filed by Surya Prashanth. Even though the petitioner had demanded that slaughter or sacrifice should take place only in designated areas, the High Court issued an important order prohibiting the sacrifice of cows and calves anywhere and on any day.
While passing the order, the high court cited a government order that said a ban on cow slaughter was necessary to improve milk production and the rural economy. The High Court also referred to old judgments of the Supreme Court which stated that killing cows is not a mandatory practice for Bakrid.
Challenging the High Court order, the State argued that when the law permits the slaughter of a certain category of cows in certain places, a court order contrary to the statutory provisions cannot be valid.
The State has argued that the executive cannot repeal or repeal the statutes governing animal slaughter in Tamil Nadu.