Context:
The Tamil Nadu government has approached the Supreme Court against a Madras High Court order directing authorities to prevent the slaughter of cows and calves on Bakrid or any other day. The State argues that its laws regulate cattle slaughter through conditional certification rather than imposing a complete prohibition.
Explanation:
- Animal preservation and cattle protection primarily fall under the State List of the Seventh Schedule.
- Article 48, a Directive Principle of State Policy, directs States to preserve cattle breeds and prohibit the slaughter of cows, calves and useful milch or draught cattle.
- Section 4 of the Tamil Nadu Animal Preservation Act, 1958 permits slaughter only after certification by a competent authority.
- Certification may be issued when the animal is over ten years old and permanently unfit for work or breeding.
- Slaughter must generally occur in authorised or licensed slaughterhouses under municipal laws.
- The Prevention of Cruelty to Animals Act, 1960 regulates humane treatment and slaughter procedures.
- Article 25 protects religious freedom, but it is subject to public order, morality, health and other laws.
- The dispute concerns the distinction between statutory regulation and a judicially imposed blanket prohibition.
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Cow Slaughter Laws: Constitutional and Federal Dimensions