Supreme Court Stays Madras High Court Order on Blanket Cow Slaughter Ban

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The **Supreme Court of India** issued an interim stay on a **Madras High Court** directive that imposed a complete ban on cow and calf slaughter across Tamil Nadu.

The Tamil Nadu government challenged the High Court order, arguing it amounted to judicial lawmaking that directly contradicted the **Tamil Nadu Animal Preservation Act, 1958**.
Under the **Tamil Nadu Animal Preservation Act, 1958**, slaughtering cows older than **10 years** is legally permitted if designated authorities certify them as unfit for work or breeding.
Central statutes like the **Prevention of Cruelty to Animals Act, 1960** and local municipal regulations do not ban slaughter entirely, but heavily regulate it inside designated slaughterhouses.
The **Madras High Court** had based its sweeping ban on **Article 48** of the Constitution, which instructs the State to preserve livestock breeds and prohibit the slaughter of cows, calves, and draught cattle.
The Supreme Court stay reinforces the doctrine of **Separation of Powers**, noting that animal preservation falls under **Entry 15 of the State List (List II)** in the **Seventh Schedule**.

In **Mohd. Hanif Quareshi v. State of Bihar (1958)**, the court upheld bans on slaughtering cows and calves, but struck down complete bans on working bullocks as an unreasonable restriction under **Article 19(1)(g)**.
In **State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005)**, the court upheld Gujarat's total ban on cow slaughter, ruling that **Article 48** guides reasonable restrictions under **Article 19(6)** while recognizing aged cattle's ecological and agricultural value.
In **Akhil Bharat Krishi Goseva Sangh v. State of A.P. (2006)**, the court reaffirmed that cow protection remains a legislative policy issue, so courts should avoid overriding valid State laws.
Bans on cow slaughter involve balancing Directive Principles under **Article 48** with Fundamental Rights under **Article 19(1)(g)** for occupational freedom and **Article 25** for religious freedom.