‘Contradicts existing state laws’: Tamil Nadu moves SC against Madras HC's ban on cow slaughter

New Delhi: The Tamil Nadu government has moved the Supreme Court against the Madras High Court's order directing a blanket ban on the slaughter of cows and calves across the state, contending that the ruling is inconsistent with existing statutory provisions and exceeds the scope of the case before the High Court.

The state has filed a Special Leave Petition (SLP) challenging the May 27 judgment, which directed authorities to immediately enforce a statewide prohibition on cow and calf slaughter, including during Bakrid and on other occasions. The petition is currently under the Supreme Court's defect scrutiny and is yet to be listed for hearing.

What is Tamil Nadu's argument?

In its plea, the Tamil Nadu government argued that the High Court's order "contradicts existing state laws", particularly the Tamil Nadu Animal Preservation Act, 1958, which regulates cattle slaughter rather than imposing an absolute prohibition.

According to the state, the 1958 law permits the slaughter of certain categories of cattle under specified conditions, such as when animals are old, unfit for breeding or permanently incapacitated, subject to certification by the competent authority. The government maintained that a judicial direction cannot override or rewrite the statutory framework enacted by the legislature.

The petition also refers to other applicable legal provisions, including the Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, and relevant provisions governing slaughterhouses under Tamil Nadu's local body laws.

Why was the High Court order challenged?

The state argued that the original public interest litigation (PIL) sought limited relief regarding the slaughter of cows in public places during Bakrid in Coimbatore. However, the Madras High Court expanded the scope of the case by directing an absolute statewide ban on cow and calf slaughter, including at licensed slaughterhouses, even though the petitioner had not sought such relief.

The High Court had relied on a 1976 Government Order while directing the Chief Secretary and Director General of Police to ensure that no cow or calf was slaughtered anywhere in Tamil Nadu. It also referred to earlier Supreme Court observations that cow slaughter is not an essential religious practice associated with Bakrid.

What happens next?

The Supreme Court is expected to decide whether to admit the state's petition and issue notice in the matter. If admitted, the case will examine whether the High Court's directions are consistent with the statutory framework governing cattle slaughter in Tamil Nadu and whether the court exceeded its jurisdiction while granting relief beyond the scope of the original PIL.

The outcome is likely to have significant implications for the interpretation of the Tamil Nadu Animal Preservation Act, 1958, as well as the balance between judicial directions and legislative provisions regulating cattle slaughter in the state.