The Supreme Court has stayed, with immediate effect, the Madras High Court’s order directing a complete ban on the slaughter of cows and calves across Tamil Nadu, observing that the impugned directions prima facie required correction.
The interim order was passed while hearing the Tamil Nadu government’s appeal against the High Court’s May 27 judgment, which had directed authorities to ensure that no cow or calf was slaughtered on Eid al-Adha or on any other day anywhere in the State.
Appearing for the State, counsel argued that the blanket prohibition was contrary to the provisions of the Tamil Nadu Animal Preservation Act, 1958, and that the High Court had effectively expanded the scope of the legislation beyond what the statute permits.
The High Court had passed the order on a petition alleging that cows and calves were likely to be sacrificed in public places ahead of Eid al-Adha, including locations not authorised as slaughterhouses. Relying on the State law and previous Supreme Court judgments, the High Court directed strict enforcement of a statewide prohibition.
However, the State contended before the Supreme Court that the 1958 Act does not impose a total ban. Under the statute, cows above ten years of age may be slaughtered if certified by the competent authority as permanently unfit for breeding or agricultural work.
The Supreme Court’s stay restores the existing legal position under the State law until the matter is finally decided.
The order has drawn varied reactions. Supporters of the decision said it reinforces the principle that judicial directions cannot override legislative provisions and that personal religious beliefs or food preferences should not be imposed through judicial orders.
The case is now expected to examine the extent of judicial intervention in matters governed by statutory law, while balancing constitutional principles, religious practices and State legislative policy.
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