New Delhi: The Supreme Court on Monday stayed a Madras High Court order directing the Tamil Nadu government to prohibit the slaughter of cows and calves across the state, observing that the directive required correction.
The interim relief came after the Tamil Nadu government, led by Chief Minister Vijay, challenged the High Court’s May 27 order through a Special Leave Petition. The government had argued that the directive conflicted with the provisions of the existing law governing cattle slaughter in the state.
According to the state government, the relevant legislation permits the slaughter of certain categories of cattle at authorised locations under specified conditions. It contended that a judicial direction imposing a blanket ban could not override the statutory framework established by the legislature.
The Madras High Court had directed the state to enforce an August 1976 government order that prohibited the slaughter of cows in the interest of preserving milk production and strengthening the rural economy. The order also required authorities to ensure that no cow or calf was slaughtered on the eve of Bakrid or on any other day.
In its judgment, the High Court had referred to Article 48 of the Constitution, which directs the state to take steps for preserving and improving livestock and prohibiting the slaughter of cows, calves and other milch and draught cattle. The court also noted the cultural and historical significance attached to cows during the Constituent Assembly debates.
The Supreme Court, however, decided to stay the operation of the High Court’s order while it examines the legal issues raised by the state government. The apex court will now consider whether the High Court’s directions are consistent with the provisions of the applicable state law.
The stay means the existing statutory framework governing cattle slaughter in Tamil Nadu will continue to remain in force until the Supreme Court delivers its final verdict on the matter.
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