SC Stays Madras HC’s Blanket Ban on Cow Slaughter in Tamil Nadu:
The Supreme Court of India has issued an interim stay on a Madras High Court directive that mandated a blanket ban on the slaughter of cows and calves in Tamil Nadu.The State Government’s Argument: The Tamil Nadu government challenged the High Court’s order, arguing it amounted to “judicial lawmaking” and directly contradicted the Tamil Nadu Animal Preservation Act, 1958, which legally permits the slaughter of cows over 10 years of age if a competent authority declares them unfit for work and breeding.The State emphasized that central statutes like the Prevention of Cruelty to Animals Act, 1960, along with local municipal rules, do not impose a total prohibition but rather heavily regulate slaughter strictly within designated slaughterhouses.The Madras High Court had grounded its sweeping ban on Article 48 of the Constitution (Directive Principles of State Policy), which directs the State to take steps for preserving breeds and prohibiting the slaughter of cows, calves, and other milch and draught cattle.The Supreme Court’s stay reinforces the doctrine of the Separation of Powers, indicating that judicial mandates should not override active statutory mechanisms, especially concerning animal preservation—a subject falling under Entry 15 of the State List (List II) in the Seventh Schedule.
