Tamil Nadu govt challenges Madras HC order banning cow slaughter on Bakrid in Supreme Court

The Tamil Nadu government, led by Chief Minister M.K. Stalin, has moved the Supreme Court against a Madras High Court order that prohibited cow slaughter during the festival of Bakrid (Eid al-Adha). The state government argues that the High Court exceeded its jurisdiction by issuing the ban, which it claims infringes upon the religious rights of the Muslim community.

The High Court's order, passed on June 14, 2023, directed the state to ensure that no cow or its progeny is slaughtered during Bakrid, citing animal cruelty laws and the Prevention of Cruelty to Animals Act. The court also referred to the Tamil Nadu Animal Preservation Act, 1958, which prohibits cow slaughter in the state, albeit with certain exceptions for bulls and buffaloes.

In its appeal before the Supreme Court, the Tamil Nadu government contends that the High Court's order is 'contrary to law' and 'goes beyond the scope of the petition.' The state argues that the matter involves a delicate balance between religious freedom and animal welfare, and that the High Court failed to consider the community's right to practice their religion under Article 25 of the Constitution.

The government's petition states that the High Court's blanket ban on cow slaughter on Bakrid is 'unwarranted and unsustainable' and that the court 'overstepped its jurisdiction by legislating on a matter that falls within the domain of the state legislature.' The state further points out that the Tamil Nadu Animal Preservation Act itself provides exemptions for slaughter of bulls and buffaloes after they are certified as unfit for breeding or agricultural purposes.

The case has sparked debate about the limits of judicial intervention in religious practices and the enforcement of animal protection laws. While animal rights groups have welcomed the High Court's order, several Muslim organizations have expressed concern over the infringement of their religious practices.

The Supreme Court is expected to hear the matter in the coming weeks. The Tamil Nadu government has sought an interim stay on the High Court's order to allow the community to observe Bakrid without hindrance.

This development comes amid ongoing discussions about cow slaughter laws across various states in India, where the issue remains politically and socially sensitive.