The Supreme Court on Monday (13 July 2026) stayed a May 27 order of the Madras High Court directing the Tamil Nadu government to enforce a Statewide prohibition on the slaughter of cows and calves, as reported in The Hindu.
A Bench comprising Justices Vikram Nath and Sandeep Mehta was hearing a Special Leave Petition filed by the Tamil Nadu government challenging the High Court’s direction, contending that it was contrary to the provisions of the Tamil Nadu Animal Preservation Act, 1958.
The State government argued that the Act permits the slaughter of cows over 10 years of age if a competent authority certifies that the animal is unfit for work and breeding.
Supreme Court Says High Court Order Requires Prima Facie “Correction”
The Tamil Nadu government further submitted that existing laws, including 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 regulate the manner and conditions under which it may be carried out.
Observing that the High Court’s order required prima facie “correction”, the Supreme Court Bench issued notice on the State’s appeal and stayed the operation of the impugned order insofar as it directed the State to impose a complete ban on cow slaughter.
Tamil Nadu Says High Court Engaged In “Judicial Lawmaking”
The Special Leave Petition, filed by the Secretary to the Tamil Nadu government, named K. Surya alias K. Surya Prasanth, Youth Wing Secretary of the Indu Makkal Katchi, as one of the respondents. Surya had originally approached the Madras High Court seeking directions to prevent cow slaughter. The Director General of Police and other State officials were also arrayed as respondents.
Before the Supreme Court, the State government argued 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 informed the apex court that it had already taken necessary measures to prevent slaughter in public places and had consistently maintained that animal sacrifice would be permitted only in enclosed spaces away from public view.
High Court Had Directed Complete Ban Beyond Bakrid
The impugned order was passed by a Division Bench of Justices G.R. Swaminathan and V. Lakshminarayanan, directing 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”.
High Court Relied On 1976 Government Order
The Division Bench had also referred to a 1976 Tamil Nadu Government Order, stating that it banned the slaughter of cows in the State with the objective of promoting milk production and improving the rural economy.
The High Court had observed, “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.”
Petition Alleged Illegal Slaughter Ahead Of Bakrid
The High Court order was passed on a writ petition filed by K. Surya, a resident of Coimbatore, who alleged that local authorities had permitted the slaughter of cows and calves in places that had not been notified or designated as slaughterhouses ahead of Bakrid (Id-ul-Azha).
According to the petitioner, the district administration had allowed the establishment of “temporary sheds” for slaughter.
He claimed to have submitted a representation on May 18 to the police and district administration seeking immediate intervention to prevent cow slaughter in public places and to rescue cows allegedly brought for illegal slaughter. However, he alleged that no action was taken.
Questioning how temporary sheds could qualify as lawful slaughter sites when the Tamil Nadu Urban Local Bodies Rules require slaughter to take place only in designated locations, the High Court observed that the police could not unilaterally decide which places could function as slaughterhouses.
High Court Cited Article 48 Of The Constitution
Authoring the judgment, Justice GR Swaminathan referred to Article 48 of the Constitution, which directs the State to take steps for prohibiting the slaughter of cows, calves and other milch and draught cattle.
The High Court observed, “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.”
With the Supreme Court’s interim stay, the Madras High Court’s direction requiring Tamil Nadu to enforce a Statewide blanket ban on cow slaughter will remain inoperative until further orders, while the apex court considers the State government’s challenge.
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