‘Ensure that no cow or calf is slaughtered on eve of Bakrid or on any other day’: Madras High Court to Tamil Nadu govt

The Madras High Court on Wednesday ordered the Tamil Nadu government to ensure that no cows or calves are slaughtered in the state on the eve of Bakrid or on any other day, reported Bar and Bench.

A bench comprising Justice GR Swaminathan and Justice V. Lakshminarayanan also instructed the Chief Secretary and the Additional Director General of Police (Law and Order) to issue appropriate instructions to all concerned authorities to ensure strict compliance with the order.

The Bench directed that authorities must not allow the slaughter of any animal at locations other than authorised slaughterhouses.

The order was issued in response to a public interest litigation filed by Coimbatore resident K Surya alias K. Surya Prasanth, who sought court intervention to stop the slaughter of cows in public spaces.

The Court strongly objected to the position taken in the counter-affidavit filed by the Inspector of Police of D2 Selvapuram Police Station in Coimbatore, which stated that certain temporary locations had been designated for cow slaughter.

Raising concerns over this claim, the Court questioned how makeshift or temporary sheds could be considered valid or lawful slaughtering facilities.

The Court further clarified that it is not within the police’s jurisdiction to determine or designate slaughtering sites, stating that such decisions must be made by the competent local authority in accordance with the relevant law.

The petitioner had previously submitted a representation to the authorities requesting action to prevent cow slaughter during Bakrid. With no response forthcoming, he approached the High Court.

While observing that the petitioner’s representation and writ petition were not well drafted, the Court noted that this did not stand in the way of it considering the substantive issue raised in the case.

The Court relied on an earlier Division Bench ruling of the Madras High Court dated July 30, 2020, along with a 1976 Government Order issued by the Tamil Nadu government concerning cow slaughter.

It observed that the law does not impose an outright or blanket prohibition on cow slaughter in all circumstances. However, it held that such slaughter would not be permissible unless the conditions prescribed under the relevant legal provisions are fulfilled.

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 draught cattle.

The Court also cited the Tamil Nadu Urban Local Bodies Rules, 2023, observing that slaughter activities are permitted only at officially designated locations.

It further took note of a government order issued by the Tamil Nadu government prohibiting the slaughter of cows and heifers in all slaughterhouses across the state, and held that the order is legally enforceable.

The court mentioned, "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.”

It noted that cow slaughter on Bakrid is not an essential or mandatory part of the religious observance.

It then examined the Tamil Nadu Animal Preservation Act, 1958 and observed that under Section 4, no animal can be slaughtered without a certificate from the competent authority confirming that it is fit for slaughter.

The Bench added that a cow may only be slaughtered if it is over ten years old and unfit for work and breeding, or if it has become permanently disabled due to injury, deformity or an incurable disease, the report noted.

The Court held that as the provision permitting cow slaughter appears to be inconsistent with Article 48, it must be interpreted in a strict manner.

It further stated that although the petition was confined to Coimbatore, the statutory requirements must be enforced uniformly throughout Tamil Nadu. On this basis, the Court ordered the Chief Secretary and the Director General of Police to ensure that cow slaughter is not permitted anywhere in the state.