Representational file image.
| Photo Credit: B. Jothi Ramalingam
The Supreme Court on Monday (July 13, 2026) stayed a May 27 order of the Madras High Court directing the Tamil Nadu government to enforce a State-wide prohibition on the slaughter of cows and calves.
A Bench comprising Justices Vikram Nath and Sandeep Mehta was hearing a special leave petition filed by the Tamilaga Vettri Kazhagam (TVK) government challenging the High Court’s order on the ground that the direction was contrary to the provisions of the Tamil Nadu Animal Preservation Act, 1958, which permits the slaughter of cows over 10 years of age if a competent authority declares them unfit for work and breeding. The State government also pointed out that laws such as the Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, the Tamil Nadu Urban Local Bodies Act, 1998 and the Tamil Nadu Urban Local Bodies Rules, 2023, do not impose a blanket prohibition on slaughter, but instead regulates the manner and conditions under which it may be carried out.
Observing that the impugned order required prima facie “correction”, the Bench issued notice on the appeal filed by the Tamil Nadu government and stayed the operation of the High Court’s order insofar as it directed the State to impose a complete ban on cow slaughter.
The petition, filed by the Secretary to the State government, arraigned as respondents K. Surya alias K. Surya Prasanth, youth wing secretary of the Indu Makkal Katchi, who had moved the original writ petition before the High Court, along with the Director General of Police and other State officials.
‘Judicial lawmaking’
The Tamil Nadu government apprised the apex court that the High Court’s order amounted to “judicial lawmaking” and was internally inconsistent. It pointed out that while the High Court had correctly observed that slaughter could take place only in designated slaughterhouses or places notified under the law, it had simultaneously directed a complete prohibition on the slaughter of cows and calves.
The State further submitted that it had already taken the necessary steps to prevent the slaughter of animals in public places and had consistently maintained that any animal sacrifice would be permitted only in enclosed spaces away from public view.
The impugned order was passed by a Division Bench of Justices G.R. Swaminathan and V. Lakshminarayanan, which had directed the Chief Secretary and the Director General of Police/Head of Police Force to ensure that no cow or calf was slaughtered anywhere in Tamil Nadu either on the eve of Bakrid on May 28, 2026, or on any subsequent day.
The High Court had observed that slaughter of animals could take place only in licensed slaughterhouses or places specifically designated by the competent authorities under the law.
“Slaughter cannot be done in any place you want… The question of carrying out slaughter in a non-designated place does not arise at all,” the High Court had observed, adding that the State authorities remained “duty-bound to enforce the applicable statutory provisions.”
The Division Bench had also noted that a 1976 Tamil Nadu government order banned the slaughter of cows in the state, with a view to promoting milk production and improving the rural economy.
“Since the executive power is co-terminus with the legislative power, a government order issued by the Government banning cow slaughter is very much sustainable and has to be enforced, as it has the force of law,” the High Court had said.
The order was passed on a petition filed by K. Surya, a resident of Coimbatore, who alleged that the local authorities had permitted the slaughter of cows and calves in places that had not been notified or designated as slaughterhouses ahead of Bakrid (Eid-ul-Zuha).
‘Temporary sheds’
According to the petitioner, the local administration had allowed the creation of “temporary sheds” for slaughter. He claimed to have submitted a representation on May 18 to the police and the district administration seeking immediate steps to prevent cow slaughter in public places and rescue cows allegedly brought for illegal slaughter, but received no response.
Questioning how temporary sheds could qualify as lawful places for slaughter when the Tamil Nadu Urban Local Bodies Rules require slaughter to be carried out only in designated locations, the High Court had observed that the police could not unilaterally determine which places could function as slaughterhouses.
Authoring the verdict, Justice Swaminathan had highlighted that Article 48 of the Constitution requires the State to take steps for prohibiting the slaughter of cows, calves and other milch as well as draught cattle.
“During the debates in the Constituent Assembly, it was pointed out that cow is a revered animal and that it has been associated with our civilisation from the time of Lord Krishna. During the rule of many Muslim kings, cow slaughter was abolished,” the High Court had stated.
Published – July 13, 2026 12:42 pm IST
