SC stays Madras HC's order banning cow-slaughter in Tamil Nadu
What's the story
The Supreme Court has stayed the Madras High Court's order imposing a state-wide ban on cow and calf slaughter in Tamil Nadu for Bakrid or on any other day. The interim order was passed by a bench of Justice Vikram Nath and Justice Sandeep Mehta on a Special Leave Petition filed by the Tamil Nadu government against the high court's ruling. The bench noted that the last paragraph of the high court's order needed "correction."
Legal challenge
TN government challenges HC order
The Tamil Nadu government had challenged the Madras High Court's order, arguing it was against the Tamil Nadu Animal Preservation Act, 1958. The Act, the Vijay government argued, allows the slaughter of cows above 10 years old if they are unfit for work and breeding. It also said other laws such as the Prevention of Cruelty to Animals Act, 1960 and Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, regulate animal slaughter without a complete ban.
Order details
PIL led to HC's blanket ban
The state government argued that by directing a complete ban, the High Court substituted judicial legislation for statutory law. The Madras High Court had passed the order on May 27, the eve of Bakrid on a Public Interest Litigation filed by K Surya Prasanth, General Secretary of Hindu Makkal Katchi. While Prasanth only sought directions for slaughter in designated places, the court issued a blanket ban on cow and calf slaughter anywhere and anytime.
Order basis
Court cited reasons for ban
The High Court's order was based on a government observation that banning cow slaughter would boost milk production and rural economy. The court also cited Supreme Court precedents that stated cow slaughter isn't essential for Bakrid celebrations. But the state maintained that when the statute permits the slaughter of a particular category, a judicial order contradicting the statutory provision cannot be sustained. It sought an interim stay on the Madras HC's directions pending adjudication of the matter in the SC.