The Madras High Court on Wednesday directed the Tamil Nadu government to immediately stop cow and calf slaughter across the state, including during Eid al-Adha celebrations. The court ordered the Chief Secretary and senior police officials to ensure strict implementation of a 1976 Government Order that banned cow slaughter to protect milk production and improve the rural economy.
A vacation bench of Justices G.R. Swaminathan and V. Lakshminarayanan said no cow or calf should be slaughtered anywhere in Tamil Nadu, either on the eve of Bakrid or on any other day. The court directed the Chief Secretary and the Director General of Police to issue immediate instructions to officials across the state to ensure compliance.
“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 court said.
The judges also directed the High Court Registry to list the matter again on Friday for the government to submit a compliance report.
Petition Filed Over Alleged Temporary Slaughter Sheds
The order came while hearing a public interest litigation filed by K. Surya Prasanth, youth wing secretary of the Hindu nationalist group Indu Makkal Katchi. The petitioner alleged that temporary sheds had been set up in several areas of Coimbatore for cow slaughter during Bakrid and sought urgent intervention from authorities.
The court took note of submissions made by state authorities that temporary sheds had been erected in certain non-public areas for slaughter without causing disturbance or hurting religious sentiments. However, the bench stressed that cow slaughter rules must still be followed.
The judges further observed that under Tamil Nadu’s Urban Local Bodies Rules, 2023, animals such as goats and sheep can only be slaughtered in licensed slaughterhouses and not in unauthorised locations.
Court Refers to Constitution and Supreme Court Judgments
In the judgment, Justice Swaminathan referred to Article 48 of the Constitution, which directs the state to prohibit the slaughter of cows, calves, and other milch and draught cattle.
“During the debates in the Constituent Assembly, it was pointed out that the cow is a revered animal and has been associated with our civilisation from the time of Lord Krishna,” the court observed.
The bench also cited earlier Supreme Court rulings, including the 1958 Mohammed Hanif Quareshi case and the 1995 Ashutosh Lahiri judgment, which stated that cow sacrifice on Eid al-Adha is not an essential religious practice in Islam.
“The Hon’ble Supreme Court observed that many Muslims do not sacrifice cows on Bakrid day. Sacrifice of a cow on that day is not an obligatory overt act for a Muslim to exhibit religious belief,” the court noted.
1976 Government Order Given Legal Backing
The High Court highlighted that Tamil Nadu had already issued a Government Order in 1976 banning cow slaughter in the interest of milk production and strengthening the rural economy.
“Since the executive power is co-terminus with legislative power, a Government Order banning cow slaughter is sustainable and has the force of law,” Justice Swaminathan stated.
The bench also referred to the Tamil Nadu Animal Preservation Act, 1958, which allows slaughter of cows only under limited conditions, such as when an animal is over 10 years old and declared permanently unfit for work or breeding by competent authorities.
State Asked to Ensure Compliance Before Eid al-Adha
The court made it clear that authorities must take immediate steps to prevent any violation of its order ahead of Eid al-Adha celebrations. Officials have also been instructed to ensure that slaughter of permitted animals takes place only at designated and licensed slaughterhouses.
The matter will next be heard on May 29, when the Tamil Nadu government is expected to report the actions taken to implement the court’s directions.
