Win for Vijay govt as Supreme Court pauses blanket ban on cow slaughter order
The Supreme Court granted interim relief to the Tamil Nadu government, issued notice on its plea challenging the High Court's directions, and stayed the operation of the order until further proceedings.
The Supreme Court on Monday stayed a Madras High Court order that had directed the Tamil Nadu government to ensure that no cow or calf is slaughtered in the state on the eve of Bakrid or on any other day.
A bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice to the respondents after the Tamil Nadu government challenged the High Court's order.
Nearly two weeks back, the Tamil Nadu government approached the Supreme Court challenging a Madras High Court order imposing a complete ban on cow slaughter in the state except in cases permitted under Section 4 of the Tamil Nadu Animal Preservation Act, 1958.
The state government argued that the direction imposing a complete ban on cow slaughter was contrary to the Tamil Nadu Animal Preservation Act, 1958.
Under the 1958 law, the slaughter of cattle is permitted in certain circumstances, including if the animal is over 10 years old or is no longer fit for breeding or agricultural work, subject to the issuance of the required certificate.
While hearing the matter, the Supreme Court observed that the High Court's order required "correction" and stayed its operation with immediate effect.
The top court has issued notice on the Tamil Nadu government's plea challenging the order, and the High Court's directions will remain stayed until further orders.
The dispute arises from a May 27 order passed by a division bench of Justice GR Swaminathan and Justice V Lakshminarayan. While noting that animal slaughter could be carried out only in authorised slaughterhouses, the bench also directed the state Chief Secretary and senior police officers to ensure that no cow or calf was slaughtered on Bakrid "or on any other day."
The High Court had also told the authorities to send suitable instructions to officials across the state so that the order was followed. In its plea, the state government said these directions created an internally contradictory judgment.
The government maintained that the bench had gone beyond the legal framework by ordering a blanket prohibition on cow slaughter, and said such a direction exceeded the limits of the provisions laid down under the Act. The challenge, therefore, centres on both the reach of the court's directions and the state's objection that the order was inconsistent in its terms.
At the heart of the plea is the state's contention that the High Court's May 27 order, while directing that slaughter be carried out only at designated slaughterhouses, also imposed a ban on the slaughter of cows and calves on Bakrid and thereafter, going beyond the provisions of the law.
The petition was filed by Surya, the state general secretary of the Indu Makkal Katchi, seeking directions to prevent the alleged illegal slaughter of cows in public places. The petitioner told the High Court that he had submitted a representation to the authorities, but no action had been taken on it.
While hearing the plea, the High Court examined the legal position on cow slaughter and referred to Article 48 of the Constitution. Article 48, which forms part of the Directive Principles of State Policy (DPSP), directs the state to take steps to prohibit the slaughter of cows, calves, and other milch and draught cattle.
The court also noted that Section 4 of the Tamil Nadu Animal Preservation Act allows the slaughter of a cow only under specific conditions. It said slaughter is permissible only if the animal is more than 10 years old, is unfit for work or breeding, and has been certified as such by the competent authority.
Stating that this provision must be read strictly in the light of Article 48, the High Court ruled that slaughter can be allowed only after the prescribed certificate has been obtained. The court said this requirement cannot be bypassed. It is pertinent to remember that DPSPs are not enforceable in the court of law.
The High Court also relied in part on a government order which said that a ban on cow slaughter was necessary to improve milk production and support the rural economy.
The Supreme Court on Monday stayed a Madras High Court order that had directed the Tamil Nadu government to ensure that no cow or calf is slaughtered in the state on the eve of Bakrid or on any other day.
A bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice to the respondents after the Tamil Nadu government challenged the High Court's order.
Nearly two weeks back, the Tamil Nadu government approached the Supreme Court challenging a Madras High Court order imposing a complete ban on cow slaughter in the state except in cases permitted under Section 4 of the Tamil Nadu Animal Preservation Act, 1958.
The state government argued that the direction imposing a complete ban on cow slaughter was contrary to the Tamil Nadu Animal Preservation Act, 1958.
Under the 1958 law, the slaughter of cattle is permitted in certain circumstances, including if the animal is over 10 years old or is no longer fit for breeding or agricultural work, subject to the issuance of the required certificate.
While hearing the matter, the Supreme Court observed that the High Court's order required "correction" and stayed its operation with immediate effect.
The top court has issued notice on the Tamil Nadu government's plea challenging the order, and the High Court's directions will remain stayed until further orders.
The dispute arises from a May 27 order passed by a division bench of Justice GR Swaminathan and Justice V Lakshminarayan. While noting that animal slaughter could be carried out only in authorised slaughterhouses, the bench also directed the state Chief Secretary and senior police officers to ensure that no cow or calf was slaughtered on Bakrid "or on any other day."
The High Court had also told the authorities to send suitable instructions to officials across the state so that the order was followed. In its plea, the state government said these directions created an internally contradictory judgment.
The government maintained that the bench had gone beyond the legal framework by ordering a blanket prohibition on cow slaughter, and said such a direction exceeded the limits of the provisions laid down under the Act. The challenge, therefore, centres on both the reach of the court's directions and the state's objection that the order was inconsistent in its terms.
At the heart of the plea is the state's contention that the High Court's May 27 order, while directing that slaughter be carried out only at designated slaughterhouses, also imposed a ban on the slaughter of cows and calves on Bakrid and thereafter, going beyond the provisions of the law.
The petition was filed by Surya, the state general secretary of the Indu Makkal Katchi, seeking directions to prevent the alleged illegal slaughter of cows in public places. The petitioner told the High Court that he had submitted a representation to the authorities, but no action had been taken on it.
While hearing the plea, the High Court examined the legal position on cow slaughter and referred to Article 48 of the Constitution. Article 48, which forms part of the Directive Principles of State Policy (DPSP), directs the state to take steps to prohibit the slaughter of cows, calves, and other milch and draught cattle.
The court also noted that Section 4 of the Tamil Nadu Animal Preservation Act allows the slaughter of a cow only under specific conditions. It said slaughter is permissible only if the animal is more than 10 years old, is unfit for work or breeding, and has been certified as such by the competent authority.
Stating that this provision must be read strictly in the light of Article 48, the High Court ruled that slaughter can be allowed only after the prescribed certificate has been obtained. The court said this requirement cannot be bypassed. It is pertinent to remember that DPSPs are not enforceable in the court of law.
The High Court also relied in part on a government order which said that a ban on cow slaughter was necessary to improve milk production and support the rural economy.
