Madras High Court Bans Cow Slaughter in Tamil Nadu
The Madras High Court has imposed a complete ban on the slaughter of cows or calves in Tamil Nadu during Bakrid or on any other day. A vacation bench comprising Justice G.R. Swaminathan and Justice V. Lakshminarayanan issued the order while hearing a public interest litigation (PIL).
Court's Direction
The bench stated: “We allow this writ petition with a direction to the State of Tamil Nadu to ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day. The authorities, particularly the chief secretary to the government and the additional director general of police (law and order), are obliged to issue suitable instructions to all the officials concerned to ensure that there is no breach of this order.”
Background of the PIL
The petitioner, K. Surya alias K. Surya Prasanth from Coimbatore, filed the PIL claiming that arrangements were being made to slaughter cows and calves in areas not designated as slaughterhouses for the purpose of Qurban (sacrifice) during Bakrid. He stated that his complaints to authorities went unheeded, prompting him to approach the court.
Constitutional and Legal Provisions
The judges referred to Article 48 of the Constitution, which mandates that the State shall take steps for prohibiting the slaughter of cows and calves and other milch and draught cattle. They highlighted that during the Constituent Assembly debates, the cow was described as a revered animal associated with Indian civilization since the time of Lord Krishna. The court noted that cow slaughter was abolished during the rule of many Muslim kings and was a cause dear to Mahatma Gandhi. Scholar Shri Dharampal pointed out that large-scale cow slaughter began only to cater to the dietary requirements of the colonial army.
The court further stated that under existing laws, no cow can be slaughtered unless it is over 10 years of age and is unfit for work and breeding, or has become permanently incapacitated due to injury, deformity, or incurable disease. A certificate from a competent authority in the prescribed form is mandatory. Without such a certificate, slaughter cannot be permitted.
Government Order and Local Laws
The bench referred to an undated government order of Tamil Nadu that enforces a ban on cow slaughter to protect milk production and improve the rural economy. The order directs that slaughter of cows and heifers (female calves) be banned in all slaughterhouses in the state. The judges reiterated that this order has the force of law and must be enforced.
Additionally, Section 113 of the Tamil Nadu Urban Local Bodies Act, 1998, permits animal sacrifice only in designated places. The court emphasized that authorities cannot permit slaughter in any place other than designated slaughterhouses.
Next Hearing
The case has been posted for compliance on May 29. The court directed the state authorities to ensure strict adherence to the ban.
