Supreme Court Stays Madras HC's Cow Slaughter Ban Order, Interim Relief For Tamil Nadu's Vijay Govt

New Delhi: The Supreme Court on Monday stayed the Madras High Court order directing the Tamil Nadu government to ensure that no cow or calf is slaughtered in the state on the eve of Bakrid or on any other day.

The Vijay-led TVK government had filed a special leave petition in the top court against the May 27 direction of the Madras High Court to impose a ban on cow slaughter across the state by implementing an August 1976 government order, NDTV reported.

A bench consisting of Justices Vikram Nath and Sandeep Mehta passed the interim order while issuing notice on a Special Leave Petition filed by the Tamil Nadu government.

The bench observed that the last paragraph of the High Court’s order, which directed the state-wide ban, prima facie required “correction”.

High Court order challenged

The Madras High Court order, passed by a Division Bench of Justices GR Swaminathan and V. Lakshminarayanan, was based on the 1976 order, which prohibited cow slaughter in the interest of milk production and improvement of the rural economy.

In its petition, the Tamil Nadu government challenged the High Court's May 27 order, which directed the Chief Secretary and the Director General of Police to ensure that no cow or calf was slaughtered anywhere in the state, either on the eve of Bakrid on May 28 or on any other day.

State cites 1958 law

The Tamil Nadu government argued before the Supreme Court that the High Court’s order was contrary to the Tamil Nadu Animal Preservation Act, 1958. According to the State, the law permits the slaughter of cows above the age of 10 years that are unfit for work or breeding, subject to certification by the competent authority.