Madras high court imposes total ban on slaughter of cow and calf in Tamil Nadu
CHENNAI: Madras high court has imposed a blanket ban on slaughter of cow or calf during Bakrid ‘or on any other day’ in the state.
A vacation bench of Justice GR Swaminathan and Justice V Lakshminarayanan issued the ban order after saying: "The question that calls for consideration in this PIL is whether cows and calves can be sacrificed in places not designated as slaughterhouses on the occasion of Bakrid?"
Allowing a PIL to prevent the slaughter of cows in public places, the bench, “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 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.”
K Surya Alias K Surya Prasanth of Coimbatore said he was constrained to file the PIL as his complaint that for the purpose of Qurban (sacrifice) on the occasion of Bakrid, arrangements were being made to slaughtering cows and calves in areas not designated as slaughterhouses.
The judges said Article 48 of the Constitution mandated that the state should take steps for prohibiting the slaughter of cows and calves and other milch and draught cattle.
“During the debates in the Constituent Assembly, it was pointed out that the cow is a revered animal and that it has been associated with our civilisation from the time of Lord Krishna. During the rule of many Muslim kings, cow slaughter was abolished. Cow protection was an issue so dear to Mahatma Gandhiji. The eminent scholar Shri Dharampal pointed out that only to cater to the dietary requirements of the colonial army, cows came to be slaughtered in very large numbers. After India attained Independence, several States passed legislation and those legislations had also been upheld.”
It then pointed out that as per law no cow could be slaughtered unless it is over 10 years of age and is unfit for work and breeding. Or it should have become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease.
“Thus, the animal should be unfit both for work as well as breeding. It should be aged above 10 years. The certificate must have been issued by the competent authority in the prescribed form. Section 4(3)(b) should be understood to mean that the permanent incapacitation is due to injury, deformity or any incurable disease. If no such certificate in the prescribed form signed by the competent authority is furnished, slaughter cannot be permitted.”
The judges then referred to an undated government order issued by Tamil Nadu, which said, “Government, therefore, considers it necessary to enforce a ban on cow slaughter, in the interest of milk production and the improvement of rural economy, govt hereby, direct that the slaughter of cows and heifers (female calves) be banned in all the slaughter houses in Tamil Nadu.”
Reiterating that the order should be enforced, as it had the force of law, the judges said Section 113 of the Tamil Nadu Urban Local Bodies Act 1998 permitted animal sacrifice only in a designated place and added that authorities cannot permit slaughter of any animal in a place other than designated slaughterhouses.
The judges then posted the case to May 29 for compliance.
Allowing a PIL to prevent the slaughter of cows in public places, the bench, “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 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.”
K Surya Alias K Surya Prasanth of Coimbatore said he was constrained to file the PIL as his complaint that for the purpose of Qurban (sacrifice) on the occasion of Bakrid, arrangements were being made to slaughtering cows and calves in areas not designated as slaughterhouses.
The judges said Article 48 of the Constitution mandated that the state should take steps for prohibiting the slaughter of cows and calves and other milch and draught cattle.
“During the debates in the Constituent Assembly, it was pointed out that the cow is a revered animal and that it has been associated with our civilisation from the time of Lord Krishna. During the rule of many Muslim kings, cow slaughter was abolished. Cow protection was an issue so dear to Mahatma Gandhiji. The eminent scholar Shri Dharampal pointed out that only to cater to the dietary requirements of the colonial army, cows came to be slaughtered in very large numbers. After India attained Independence, several States passed legislation and those legislations had also been upheld.”
It then pointed out that as per law no cow could be slaughtered unless it is over 10 years of age and is unfit for work and breeding. Or it should have become permanently incapacitated for work or breeding due to injury, deformity or any incurable disease.
The judges then referred to an undated government order issued by Tamil Nadu, which said, “Government, therefore, considers it necessary to enforce a ban on cow slaughter, in the interest of milk production and the improvement of rural economy, govt hereby, direct that the slaughter of cows and heifers (female calves) be banned in all the slaughter houses in Tamil Nadu.”
Reiterating that the order should be enforced, as it had the force of law, the judges said Section 113 of the Tamil Nadu Urban Local Bodies Act 1998 permitted animal sacrifice only in a designated place and added that authorities cannot permit slaughter of any animal in a place other than designated slaughterhouses.
The judges then posted the case to May 29 for compliance.
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Azar mohamedMost Interacted
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Honourable judges will be paid Pension when they Relire. But Relired Cows have no provisions as pension but they too need 10 kg ...Read More
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