Supreme Court Stays Madras High Court's Order Banning Cow Slaughter In Tamil Nadu

The Supreme Court today stayed the Madras High Court's order directing a ban on the slaughter of cow or calf anywhere in the State of Tamil Nadu for Bakrid or on any other day.A bench comprising Justice Vikram Nath and Justice Sandeep Mehta passed the interim order while issuing notice on the Special Leave Petition filed by the State of Tamil Nadu challenging the Madras High Court's order, which imposed a blanket ban on the slaughter of cows and calves in the State.The bench observed that the last paragraph of the High Court's order (which imposed the state-wide ban), prima facie required "correction."Senior Advocate Dr Abhishek Manu Singhvi appeared for the State.The State argued that the High Court's order was contrary to the Tamil Nadu Animal Preservation Act, 1958, which permits the slaughter of cows aged over 10 years that are unfit for work and breeding, on the basis of a certificate issued by the competent authority. Apart from the said law, other applicable statutes such as Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, the Tamil Nadu Urban Local Bodies Act, 1998 and the Tamil Nadu Urban Local Bodies Rules, 2023 regulate the conditions under which animals may be slaughtered but do not impose a total prohibition. By directing a complete ban, the High Court has, according to the State, substituted judicial legislation for statutory law.The High Court bench comprising Justice GR Swaminathan and Justice V Lakshminarayan passed the order on May 27, on the eve of Bakrid, on a Public Interest Litigation filed by K Surya Prasanth, the General Secretary of Hindu Makkal Katchi. Though the petitioner's prayer was for directions to ensure that slaughter takes place only in designated places, the High Court passed a blanket order banning the slaughter of cows and calves anywhere on any day.In passing the order, the High Court relied upon a Government Order which observed that a ban on cow slaughter was necessary to improve milk production and the rural economy. The High Court also referred to Supreme Court precedents which held that cow slaughter was not an essential practice for Bakrid celebration.Challenging the High Court's order, the State contended that when the legislation permits the slaughter of a particular category of cows in designated places, a judicial direction contradicting the statutory provision cannot be sustained.The State objected to the High Court relying upon Government Order No. 1715 despite its validity or applicability never being in issue before the court. The executive instruction, it argues, could not override or supersede the statutory enactments governing animal slaughter in Tamil Nadu.In its Special Leave Petition, the State argued that the writ petition before the High Court was narrowly confined to preventing the slaughter of cows in public places during Bakrid in Coimbatore. However, the Division Bench expanded the issue to impose what the government describes as an "absolute and blanket ban" on cow slaughter even in designated slaughterhouses, despite no such relief having been sought by the petitioner. Thus, a relief, which was neither pleaded nor prayed, was granted.The State said that while the High Court correctly observed in one part of its judgment that animal slaughter can take place only in designated slaughterhouses, it simultaneously directed that no cow or calf should be slaughtered on Bakrid or any other day. This, according to the government, results in an internally contradictory judgment.The petition further disputes the High Court's observation that the authorities had effectively conceded that cows were being or would be slaughtered in public places. According to the government, the police had consistently maintained in their counter affidavit that preventive action had already been taken to ensure that no slaughter would occur in public places and that any ritual sacrifice would be confined to enclosed, non-public locations. The High Court's finding, it says, is contrary to the State's pleaded stand.The petition has been filed by the State's standing counsel, Jayashree Narasimhan, Advocate-on-Record.Case : The Secretary to the Government v. K Surya alias K Surya Prasanth | Diary No.36054/2026

Supreme Court Stays Madras High Court's Order Banning Cow Slaughter In Tamil Nadu

Amisha Shrivastava

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Amisha Shrivastava

Supreme Court Stays Madras High Court's Order Banning Cow Slaughter In Tamil Nadu

Amisha Shrivastava

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Amisha Shrivastava

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