CHENNAI: Virtually imposing a ban on slaughtering of cow in the state, the Madras High Court on Wednesday directed the top authorities of the government to ensure no cow or calf is slaughtered on the eve of Bakrid or any other day.
Ruling on a petition filed by a Hindu Makkal Katchi functionary seeking action for stopping slaughtering of cows in places other than designated slaughter houses in Coimbatore ahead of Bakrid, a vacation bench of justices GR Swaminathan and V Lakshminarayanan said, “We allow this writ petition with a direction to the State of Tamil Nadu to ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day.”
The Bench further stated, “The authorities particularly the Chief Secretary to the Government and the Additional Director General of Police (Law and Order) are obliged to issue suitable instructions to all the officials concerned to ensure that there is no breach of this order.”
It directed the authorities to file a compliance report on Friday.
The petitioner, K Surya Prasanth, general secretary of the Youth Wing of Hindu Makkal Katchi, stated that the arrangements were being held in certain places in Coimbatore for slaughtering cows on temporary sheds ahead of Bakrid and alleged that the Selvapuram police did not take any action even after lodging complaints.
He prayed for the court to issue appropriate directions to stop slaughtering of cows in places other than designated slaughter houses.
The bench stated that the other question that has to be answered is whether sacrifice can be carried out in any place. “Our answer is that slaughter of an animal can take place only in a designated place.”
It cited section 113, 297 and 298 of Tamil Nadu Urban Local Bodies Act 1998 which states that no person shall slaughter any animal except in the slaughter house provided by the municipality or in a private slaughter house duly established by obtaining a valid licence under rule 298.
“A reading of the aforesaid provisions leads us to the conclusion that the authorities cannot permit slaughter of any animal in a place other than designated slaughter houses,” the bench noted, and cited a 1976 GO in this regard as well.
Stating that Article 48 of the Constitution mandates that the state shall take steps for prohibiting the slaughter of cows and calves and other milch and draught cattle, the bench pointed out that Supreme Court has observed in a case that many Muslims do not sacrifice cows on Bakrid day. “Sacrifice of a cow on that day is not an obligatory overt act for a Musalman to exhibit his religious belief and idea,” the SC had said in its order.
