Supreme Court Stays Madras High Court Order Banning Cow Slaughter in Tamil Nadu

As per the order of the Madras High Court, the Tamil Nadu government was directed to enforce a State-wide prohibition on the slaughter of cows and calves. Subsequently, a special leave petition was filed by the Tamilaga Vettri Kazhagam (TVK) government challenging the aforementioned order.

The petition found merit on the ground that the directions of the High Court are contrary to the provisions of various statutes- Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, the Tamil Nadu Urban Local Bodies Act, 1998, and the Tamil Nadu Urban Local Bodies Rules, 2023. These statutes do not prohibit slaughter but regulate it.

The bench, consisting of, Justice Vikram Nath and Sandeep Mehta referring to such points, stayed the order of the Madras High Court.

Some legal concerns:

Separation of Power: This issue has raised an alarm for separation of power. As raised by the Tamil Nadu government, the High Court’s order for blanket prohibition was the transgression of this basic structure. The High Court entered the realm of law-making by stating this order.
Is Article 25 breached?: The High Court also directed that no cows or calves are to be slaughtered on the eve of Bakrid or any other day. As per earlier decisions such as in Mohd. Hanif Qureshi v State of Bihar, it was held that sacrificing a cow on Bakrid is not an essential religious practice, and not in violation of Article 25.
Article 48: Article 48 is non-justiciable. It does not, by itself, create an enforceable fundamental right or prohibit cow slaughter.

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