In a writ petition filed before the Madras High Court seeking directions for the respondents to consider the petitioners’ representation dated 18-05-2026, as well as to take steps for the prevention of cow slaughter in public places, a Division Bench of Justice G.R. Swaminathan and Justice V. Lakshminarayanan directed the State to ensure that no cow or calf is slaughtered and the authorities to issue suitable instructions to all officials for ensuring compliance of the present order.
The petitioner, an activist from Coimbatore, complained that arrangements were made for slaughtering cows and calves in areas not designated as slaughter houses for sacrifice on Bakrid. He submitted a representation to the authorities, which was not considered. Aggrieved, he filed the present petition.
The counter affidavit mentioned that after inspection, the police came to know that the authorities concerned had erected a temporary shed for conducting cow slaughter in a non-public area, without causing any obstruction to traffic or offending the religious sentiments of persons belonging to other communities.
The Court referred to Article 48, under which the State was to take steps to prohibit the slaughter of cows, calves, other milch and draught cattle. It was noted during debates in the Constituent Assembly that the cow is a revered animal associated with our civilization from the time of Lord Krishna. The Court referred to Mohammed Hanif Quareshi v. State of Bihar, AIR 1958 SC 731, wherein the Supreme Court observed that sacrifice of a cow on Bakrid is not an obligatory overt act for a Muslim to exhibit his religious belief and idea.
It was stated that the State authorities were obliged to act in such matters in accordance with the provisions of the Tamil Nadu Animal Preservation Act, 1958 (Act). The Court held that no cow could be slaughtered unless it was over 10 years of age, was unfit for work or breeding, or had become permanently incapacitated for work or breeding due to injury, deformity, or any incurable disease. The Court said that since Section 4 of the Act enabled cow slaughter and was at variance with Article 48 of the Constitution, the provision would have to receive a strict construction.
The Court noted that in Maneka Gandhi’s Animal Laws of India, it came across a Government Order issued by the Tamil Nadu government banning cow slaughter. It was stated that since the executive power was co-terminus with the legislative power, a Government Order banning cow slaughter was sustainable and had to be enforced. To answer whether sacrifice can be carried out at any place, the Court said that the slaughter of an animal can take place only in a designated place, and that authorities cannot permit the slaughter of any animal in a place other than designated slaughter houses, as per Rules 297 and 298 of the Tamil Nadu Urban Local Bodies Rules, 2023.
Thus, the petition was allowed with a direction to the State to ensure that no cow or calf is slaughtered on Bakrid or any other day. The authorities, especially the Chief Secretary and the Additional Director General of Police, were directed to issue suitable instructions to all concerned officials to ensure there was no breach of this order.
