The Madras High Court has imposed an immediate ban on cow slaughter across Tamil Nadu, invoking constitutional provisions and economic considerations. The directive, issued on a public interest litigation, mandates the state government to strictly enforce the prohibition, including during religious festivals like Bakrid.
Constitutional and Legal Basis
The court relied on Article 48 of the Constitution, which directs the state to prohibit the slaughter of cows and other milch and draught cattle. It also referenced a 1976 government order that banned cow slaughter in the state. The bench noted that the Supreme Court has consistently held that sacrificing cows during Bakrid is not an essential religious practice under Islam, thereby removing any religious exemption.
Government Compliance and Enforcement
The court directed the Tamil Nadu government to ensure that no cow, calf, or other bovine animal is slaughtered within the state. It ordered strict compliance with designated slaughterhouse rules and instructed authorities to prevent any illegal slaughter, particularly during Bakrid. The state must submit a compliance report by May 29.
Background of the Case
The order came on a PIL filed by a Coimbatore resident, who alleged that authorities failed to act on his representation to prevent cow slaughter. The petitioner argued that the 1976 government order and Article 48 mandated a complete ban, which was being violated with impunity.
Judicial Criticism of Police Affidavits
The court also criticized affidavits submitted by the police, which suggested that temporary sheds could be considered lawful places for slaughter. The bench questioned the legality of such claims and emphasized that only designated slaughterhouses are permitted under the law.
Key Dates and Orders
- 1976: Government order banning cow slaughter in Tamil Nadu.
- July 30, 2020: Division Bench order referenced by the court.
- May 29: Deadline for the state to file a compliance report.
