The Supreme Court on Monday (July 13) stayed the Madras High Court's order directing the Tamil Nadu government to prohibit the slaughter of cows and calves across the state, granting interim relief to the state government, which had challenged the order. A bench comprising Justices Vikram Nath and Sandeep Mehta passed the interim order while hearing Tamil Nadu's appeal against the High Court's May 27 judgment.
The State government had moved the top court against the Madras HC decision, arguing that the High Court had travelled beyond the scope of the public interest litigation, which sought directions to prevent the slaughter of cows in public places, by imposing a blanket prohibition on the slaughter of cows and calves across the State.
According to the state government, the original PIL had merely sought directions to prevent the slaughter of cows in public places. However, the High Court went further by directing authorities to ensure that no cow or calf was slaughtered on the eve of Bakrid or on any other day, a direction that, the government contended, amounted to an absolute prohibition contrary to the existing legal framework.
HC's directions legally unsustainable
In its appeal, Vijay-led TVK submitted that the High Court's directions were legally unsustainable as they overrode statutory provisions regulating animal slaughter in the state. It argued that the Tamil Nadu Animal Preservation Act, 1958, the Tamil Nadu Urban Local Bodies Act, 1998, the Tamil Nadu Urban Local Bodies Rules, 2023, and the applicable food safety regulations provide for the regulation of animal slaughter rather than an outright ban.
The state further contended that licensed slaughterhouses function under a regulated legal regime and that the High Court's order effectively prohibited slaughter even at these authorised facilities. The government had moved the apex court on July 1 seeking an interim stay, maintaining that the High Court had travelled beyond the relief sought in the PIL.
"In a writ petition seeking a direction to ‘prevent the slaughter of cows in public places,’ the High Court ought to have travelled beyond the issue involved, to impose an absolute and blanket ban on the slaughter of cows and calves on the eve of Bakrid or any other day," the government's appeal stated.
SC declines to entertain separate plea on anti-slaughter laws
The High Court's May 27 order was passed while hearing a petition filed by K Surya Prasanth, general secretary of Hindu Makkal Katchi, seeking directions to prevent the slaughter of cows in public places. The court had directed the state government to ensure that no cow or calf was slaughtered on Bakrid or any other day.
In a related development, the Supreme Court on Monday also declined to entertain a separate petition seeking directions to states for stricter enforcement of anti-slaughter laws to protect cows and their progeny.
When the petitioner's counsel argued that a 2005 Supreme Court judgment on the issue was not being effectively implemented, the bench observed that any alleged violation of an earlier order should be addressed through contempt proceedings.
"If there is a violation of any order, you file a contempt petition," the bench said.
Following the court's observations, the petitioner withdrew the plea with liberty to pursue other remedies available under law. The petition had sought directions to states to frame guidelines for regulating slaughterhouses and to initiate action against operators allegedly violating anti-slaughter laws.
Written by Jitisha Parihar. Jitisha Parihar is an intern with IndiaTV Digital.
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