The Supreme Court (SC) on Monday stayed an order issued earlier by the Madras High Court (HC) which had directed the Tamil Nadu government to ensure that no cow or calf is slaughtered anywhere in the South-Indian state, either during Bakrid or any other day. The state government received an interim relief, which had challenged the HC’s verdict as being contrary to the state’s existing law governing cattle slaughter. 

A bench of the apex court, comprising Justices Vikram Natha and Sandeep Mehta issued a notice to the respondents after hearing the state’s appeal. During the proceedings, the Bench noted that the HC’s order required correction and ordered an immediate stay on its operation. 

Govt says order contradicts existing law

Before the top court, the Tamil Nadu government contended that the HC’s directives had effectively imposed a blanket ban on cow slaughter despite no such prohibition being provided under the Tamil Nadu Animal Preservation Act, 1958.

As mentioned in the 1958 Act, cattle slaughter is legally permitted in specified circumstances, including instances where an animal is 10 years+ and is no longer suitable for breeding, agricultural operations or other productive purposes, subject to the issuance of the necessary certification by the competent authority. 

The state maintained that the HC’s order went far beyond the scope of legislation and created a prohibition that the law itself does not contemplate. 

Petition surfaced ahead of Bakrid

The legal dispute stemmed from a petition filed by a resident of Coimbatore, K Surya Prasanth, ahead of Bakrid. He had sought directions to prevent the slaughter of cows and calves in public places and at locations which are not officially designated for the purpose during the festival.

While hearing the matter on May 27, a Division Bench of the Madras HC expanded the scope of the petition. Instead of limiting its directives to public or unauthorised locations during Bakrid, the bench instructed the state government to ensure that no cow or calf was slaughtered anywhere in the state, irrespective of the occasion or time of the year.

It also directed senior government officials to ensure necessary instructions for the order’s implementation.

Govt alleges judicial overreach

The TN government challenged the verdict before the top court, describing its directions as an instance of judicial overreach. It argued that the order had effectively rewritten the Tamil Nadu Animal Preservation Act, 1958, by introducing a blanket prohibition that the legislature had never enacted. 

According to the state government’s appeal, the authority to impose or amend such restrictions lies exclusively with the legislature and not the judiciary. With the SC’s stay on the HC order, the existing provisions of the 1958 Act will continue to remain in force until further orders. 

The matter will now be heard at length after the respondents file their replies.