'Slaughter on Bakrid not essential': Madras HC bans cow slaughter
What's the story
The Madras High Court has banned the slaughter of cows and calves in Tamil Nadu on the eve of Bakrid. The order was passed by a division bench of Justice GR Swaminathan and Justice V Lakshminarayan in a plea seeking directions to the state authorities to take steps to prevent the slaughter of cows in public places. The court directed state authorities, including Chief Secretary and Additional Director General of Police (Law and Order), to ensure compliance with this directive.
Petition details
Petition filed by Indu Makkal Katchi leader
The court's decision came on a petition filed by Surya, State General Secretary of the Indu Makkal Katchi. He had alleged illegal slaughtering of cows in public places and claimed no action was taken by authorities after his representation on May 18. The court remarked that under Article 48 of the Constitution, the state is required to take steps to ban the slaughter of cows and calves, as well as other milch and draught cattle.
Legal precedent
Court's emphasis on cow protection
The court referred to historical instances where cow slaughter was banned even under Muslim rulers and Mahatma Gandhi's emphasis on cow protection. "During the debates in the Constituent Assembly, it was pointed out that the cow is a revered animal and that it has been associated with our civilization from the time of Lord Krishna. During the rule of many Muslim kings, cow slaughter was abolished. Cow protection was an issue so dear to Mahatma Gandhiji," the court said.
Religious practice
Court's reference to SC judgment
The court also referred to Supreme Court judgments stating that cow sacrifice is not an essential religious practice. "The Hon'ble Supreme Court observed that many Muslims do not sacrifice cows on Bakr'id day... Sacrifice of any animal by Muslims for...Bakr'd does not include slaughtering of cows as the only way of carrying out that sacrifice. Slaughtering of cows on this occasion is neither essential to nor necessarily required as part of the religious ceremony," the court observed.
Legal interpretation
Upholding Tamil Nadu Animal Preservation Act
The court also upheld Section 4 of the Tamil Nadu Animal Preservation Act, 1958, which allows cow slaughter only if they're over 10 years old and unfit for work or breeding. It stressed this provision should be strictly interpreted in line with Article 48 of the Constitution. The court ruled that cow slaughter could only be permitted after obtaining a certificate from authorities.