The Supreme Court on Monday suspended the operation of a Madras High Court order that had directed the Tamil Nadu government to prevent the slaughter of cows and calves throughout the state, including during Bakrid and on all other days.
Observing that the High Court's direction required reconsideration, the apex court granted interim relief while hearing a challenge filed by the Tamil Nadu government against the earlier ruling.
The state argued before the Supreme Court that the High Court's order was inconsistent with the existing legal framework. According to the government, the applicable law already permits the slaughter of certain categories of cattle under specified conditions and at authorised locations. It contended that a judicial direction imposing a blanket prohibition could not override the provisions laid down by legislation.
The dispute stems from a May 27 judgment of the Madras High Court, which instructed the state administration to implement a government order issued in August 1976 that called for restrictions on cow slaughter with the objective of protecting milk production and supporting the rural economy.
The High Court's decision was delivered by a Division Bench comprising Justices G.R. Swaminathan and V. Lakshminarayanan.
In the judgment, Justice Swaminathan referred to Article 48 of the Constitution, a Directive Principle of State Policy that encourages the State to take measures for preserving and improving livestock, including prohibiting the slaughter of cows, calves and other milch and draught cattle. The order also referred to discussions held during the Constituent Assembly debates regarding the cultural and economic significance of cattle in India.
With the Supreme Court's interim stay now in place, the High Court's directive will remain suspended until further orders, while the apex court continues to examine the legal issues raised by the Tamil Nadu government.