Chennai: The Tamil Nadu government has moved the Supreme Court against the Madras High Court order passed last month that imposes a statewide blanket ban on cow and calf slaughter. The state argues that the High Court exceeds its jurisdiction in the matter.
The Madras High Court, in its 27 May order on a Public Interest Litigation (PIL) seeking regulated slaughter in designated places, directed the implementation of a 1976 government order prohibiting cow slaughter to protect milk production and the rural economy. The HC instructed the chief secretary and director general of police to enforce the ban immediately.
The state government has now petitioned that the High Court went beyond the scope of the original petition and the provisions of the Tamil Nadu Animal Preservation Act, 1958, which regulates rather than outright prohibiting such activities in all cases.
The government’s petition states that the HC’s order effectively imposed a blanket ban on cow slaughter, including at authorised slaughterhouses, and such a prohibition is legally untenable as it conflicts with the state’s existing statutory framework governing animal slaughter.
The government cited the Tamil Nadu Animal Preservation Act, 1958, the Tamil Nadu Urban Local Bodies Act, 1998, and the Tamil Nadu Urban Local Bodies Rules, 2023, and the existing framework of food safety regulations on animal slaughter instead of a blanket ban.
The order remains a contentious issue in Tamil Nadu, intersecting with religious sentiments and cultural practices of animal sacrifice. Seeking an interim stay on the Madras High Court’s directions, the government stated that the law allows cows above the age of 10 to be slaughtered if they are certified by a competent authority as unfit for breeding or work.
The SC is expected to examine whether the High Court’s directive aligns with constitutional provisions, including Article 48, which directs the state to prohibit cow slaughter for agricultural and economic reasons and state-specific laws.
The DMK, during the previous regime, opposed blanket bans on cow slaughter, viewing them as infringements on personal and religious freedoms and minority rights. Meanwhile, DMK spokesperson S Hafeezullah told ThePrint that there are religious practices of animal sacrifice in various religions, performed in many temples in Tamil Nadu. He emphasized that the ban is not only on cows, buffaloes, and goats in public places and not limited to a religion.
The current appeal by the TVK government continues the stance taken earlier by DMK, while opposition parties like BJP have criticized the move. BJP leader Narayana Thirupathi criticized the move sharply and told ANI that the government is wasting its time by appealing. “The Madras High Court’s order was very clear, citing the 1976 government order. It prohibits cow slaughter, and it has to be done only in designated places. This is nothing but appeasement of minorities,” he said.
Citing that the Tamil Nadu government had gone on an appeal against the Madras High Court’s judgment on Thiruparankundram, he said that the order definitely affects the sentiments and the beliefs of the Hindus. “Now we see that this government is trying to please the minorities by unnecessarily going to the Supreme Court,” he added.
(Edited by Archishman Ganguly)
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