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The Supreme Court of India on Monday stayed the operation of a Madras High Court order that imposed a blanket ban on cow and calf slaughter in Tamil Nadu, citing the need for correction in the high court's judgment.
The order was issued after the Tamil Nadu government filed a special leave petition challenging the May 27 directive by the Madras High Court, which had mandated a complete prohibition on slaughter during Bakrid and other days.
Senior advocate Abhishek Manu Singhvi argued that the high court's direction constituted judicial legislation, as it conflicted with the Tamil Nadu Animal Preservation Act, 1958, which permits slaughter of cows over 10 years old deemed unfit for work.The state contended that the high court's order substituted legislative frameworks with judicial mandates, violating statutory provisions.
The original petition sought to prevent unsanctioned slaughter in Coimbatore during Bakrid, but the high court expanded its scope to ban slaughter across the state.
The court referenced a 1976 government order linking cow slaughter bans to rural economy and cited Supreme Court precedents dismissing cow slaughter as an essential religious practice.
The Tamil Nadu government criticized the high court for granting relief not pleaded in the petition and for relying on outdated executive instructions.The case highlights tensions between state legislation, judicial intervention, and religious practices.
Full reading at Hindustan Times