Court directs Tamil Nadu authorities to enforce existing laws against unauthorized cow slaughter, emphasizing the non-essential nature of cow sacrifice in Bakrid rituals.
In a significant ruling, the Madras High Court has reinforced the legal framework surrounding cow slaughter in Tamil Nadu, particularly during the Bakrid festival. The Division Bench, comprising Justices G.R. Swaminathan and V. Lakshminarayanan, delivered a decisive judgment mandating strict adherence to the Tamil Nadu Animal Preservation Act, 1958, and related regulations.
The petitioner, K. Surya Alias K. Surya Prasanth, an activist from Coimbatore, raised concerns about unauthorized cow slaughter arrangements for Bakrid sacrifices outside designated slaughterhouses. The authorities had initially ignored the petitioner's representation, prompting the writ petition.
The court underscored Article 48 of the Indian Constitution, which mandates state efforts to prohibit cow slaughter. It reiterated that cow slaughter is not an essential religious practice for Muslims during Bakrid, as per Supreme Court precedents. The court highlighted that the sacrifice of cows is neither obligatory nor essential for the festival, referencing rulings such as Mohammed Hanif Quareshi v. State of Bihar and State of West Bengal v. Ashutosh Lahiri.
The judgment emphasized that cow slaughter could only occur under specific conditions detailed in Section 4 of the Tamil Nadu Animal Preservation Act, 1958, requiring a certificate for animals over ten years old and unfit for work or breeding. This provision aligns with the state's constitutional obligations.
Furthermore, the court insisted that animal slaughter must occur in designated slaughterhouses, complying with the Tamil Nadu Urban Local Bodies Act, 1998, and the Tamil Nadu Urban Local Bodies Rules, 2023. It strictly prohibited public or unauthorized animal slaughter, directing authorities to enforce these rules diligently.
The court issued clear directives to Tamil Nadu's Chief Secretary and law enforcement to ensure compliance, particularly during Bakrid, and called for a report on compliance by May 29, 2026. The judgment aims to balance religious practices with legal mandates, ensuring animal welfare and public order.
Bottom line:-
Cow slaughter for religious purposes, including Bakrid, must strictly comply with existing laws, including the Tamil Nadu Animal Preservation Act, 1958, and can only occur in designated slaughterhouses adhering to legal guidelines.
Statutory provision(s): Article 48 of the Constitution of India, Tamil Nadu Animal Preservation Act, 1958 Section 4, Tamil Nadu Urban Local Bodies Act, 1998 Section 113, Tamil Nadu Urban Local Bodies Rules, 2023 Rules 297 and 298.
