The Supreme Court on Monday stayed the Madras High Court’s order imposing a blanket ban on the slaughter of cows and calves across Tamil Nadu, granting interim relief to the state government led by Chief Minister C. Joseph Vijay.
A bench comprising Justices Vikram Nath and Sandeep Mehta passed the interim order while issuing notice on a special leave petition filed by the Tamil Nadu government challenging the Madras High Court’s May 27 judgment.
The apex court observed that the concluding portion of the High Court’s order, which imposed a statewide prohibition on cow and calf slaughter, appeared to require “correction”.
The interim stay comes as a legal victory for the Vijay government, which argued that the High Court had exceeded the scope of the original petition and effectively amended the state’s existing legal framework governing animal slaughter.
Before the Supreme Court, the Tamil Nadu government submitted that while the High Court had rightly observed that animal slaughter should be carried out only in authorised slaughterhouses, it went beyond the issues raised in the case by directing that no cow or calf should be slaughtered anywhere in the state, either during Bakrid or on any other day.
According to the state, these two directions were contradictory.
The government further argued that the blanket prohibition was inconsistent with the provisions of the Tamil Nadu Animal Preservation Act, 1958, which permits the slaughter of cows above the age of 10 years that are no longer fit for breeding or agricultural work, subject to certification by the competent authority.
It also informed the court that animal slaughter in the state is regulated under various laws, including the Prevention of Cruelty to Animals Act, the Slaughter House Rules and local body regulations, none of which impose a complete ban on cow slaughter.
The Madras High Court had delivered its ruling while hearing a public interest litigation filed by Hindu Makkal Katchi general secretary K. Surya Prasanth.
The petitioner had sought directions to ensure that animal slaughter during Bakrid was carried out only at designated slaughterhouses and not in public places. However, the High Court went beyond the relief sought and directed that no cow or calf should be slaughtered anywhere in Tamil Nadu during Bakrid or on any other day.
In its judgment, the High Court relied on an earlier government order aimed at protecting milk production and the rural economy. It also referred to previous Supreme Court rulings holding that cow slaughter is not an essential religious practice associated with Bakrid.
Challenging the order, the Tamil Nadu government argued that the High Court had granted relief that was never sought by the petitioner and expanded the scope of the litigation far beyond its original purpose.
The state also contended that the blanket prohibition directly conflicted with the statutory framework enacted by the legislature, under which limited slaughter of eligible animals is legally permitted.
With the interim stay now in force, the Supreme Court will examine whether the Madras High Court’s directions are consistent with the Tamil Nadu Animal Preservation Act, 1958, and the broader legal framework governing animal slaughter in the state.
