'Contradicts existing state laws': Tamil Nadu moves SC against Madras HC's ban on cow slaughter

The Tamil Nadu government on Wednesday approached the Supreme Court challenging the Madras High Court order imposing a blanket ban on the slaughter of cows, arguing that the order contradicts existing state laws.

The state argued that the 27 May order of the high court was contrary to the Tamil Nadu Animal Preservation Act, 1958, which allows the slaughter of cows aged over 10 years that are unfit for work or breeding, subject to a certificate issued by the competent authority, according to Live Law.

The government also pointed out that several other laws governing animal slaughter—including the 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—lay down the conditions under which animals may be slaughtered but do not impose a complete ban.

According to Live Law, the state further argued that by directing a blanket prohibition, the High Court had effectively gone beyond the law enacted by the legislature.

What does the Madras HC order say?

A bench of Justice GR Swaminathan and Justice V Lakshminarayan was hearing a public interest litigation (PIL) filed by K Surya Prasanth, general secretary of Hindu Makkal Katchi on 27 May, a day before Bakrid. Prasanth had sought directions to restrict the slaughter of cows to designated places. However, the High Court went a step further and ordered a blanket ban on the slaughter of cows and calves anywhere in the state.

While passing the order, the High Court relied on a government order stating that a ban on cow slaughter would help improve milk production and strengthen the rural economy. It also referred to Supreme Court rulings that held that cow slaughter is not an essential religious practice associated with Bakrid, as per Live Law.