Ensure That No Cow Or Calf Is Slaughtered On Bakrid Or On Any Other Day: Madras High Court To State
The Madras High Court was considering a PIL on the issue of the slaughter of cows and calves.
Justice G.R. Swaminathan, Justice V. Lakshminarayanan, Madras High Court
Taking note of a Government Order issued by the Tamil Nadu Government which banned slaughter of cows in all the slaughter houses, the Madras High Court has directed the State to ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day.
The High Court was considering a PIL on the issue of whether cows and calves can be sacrificed in places not designated as slaughterhouses on the occasion of Bakrid.
The Division Bench of Justice G. R. Swaminathan and Justice V. Lakshminarayanan ordered, “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 authorities particularly the Chief Secretary to the Government and the Additional Director General of Police (Law and Order) are obliged to issue suitable instructions to all the officials concerned to ensure that there is no breach of this order.”
Advocate N.Seshadhri represented the Petitioner while Additional Advocate General P.V. Balasubramaniam represented the Respondent.
Factual Background
The writ petitioner complained that for the purpose of qurban (sacrifice) on the occasion of Bakrid, arrangements have been made for slaughtering cows and calves in areas not designated as slaughterhouses. He submitted a representation to the authorities, but since it was not considered, he filed the writ petition for directing the authorities to take steps to prevent such slaughter.
Reasoning
The Bench, at the outset, explained that Article 48 of the Constitution of India mandates that the State shall take steps for prohibiting the slaughter of cows and calves and other milch and draught cattle. It was further highlighted how, in Mohammed Hanif Quareshi -vs- State of Bihar (1958), the Supreme Court has observed that many Muslims do not sacrifice cows on Bakrid day and the sacrifice of a cow on that day is not an obligatory overt act for Muslims to exhibit their religious beliefs and ideas.
The Court noticed the Govt. order which reads thus: "Government, therefore, considers it necessary to enforce a ban on cow slaughter, in the interest of milk production and the improvement of rural economy, Government hereby, direct that the slaughter of cows and heifers (cow) be banned in all the slaughter houses in Tamil Nadu."
Referring to Section 4 of the Tamil Nadu Animal Preservation Act, 1958, the Bench stated, “Therefore, no cow can be slaughtered unless it is over 10 years of age and is unfit for work and breeding. Or it should have become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease. Since this provision enables cow slaughter and is at variance with Article 48 of the Constitution of India, the provision will have to receive a strict construction.” Further referring to Section 113 of the Tamil Nadu Urban Local Bodies Act, the Bench clarified, “Our answer is that slaughter of an animal can take place only in a designated place.”
On a perusal of Rule 297 and 298 of the Tamil Nadu Urban Local Bodies Rules, 2023, the Bench held that the authorities cannot permit the slaughter of any animal in a place other than designated slaughter houses.
The Bench thus allowed the writ petition with a direction to the State to ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day.
Cause Title: K. Surya v. The Secretary to the Government Animal Husbandry, Dairying Fisheries and Fishermen welfare Department (Case No.: WP No. 20225 of 2026)
Appearance
Petitioner: Advocate N. Seshadhri
Respondent: Additional Advocate General P.V. Balasubramaniam, Additional Advocate General T. Gowthaman, Advocate M. Guruprasad, Public Prosecutor R. John Satyan, Advocate C.R. Malarvannan