In quick succession, the recently formed TVK government in Tamil Nadu has moved the Supreme Court against two judgments of the Madras High Court in litigations initiated by Hindu activists.. The first permitted Hindus to light a lamp on a stone pillar in the famous Thiruparunkundram Murugan temple. The second judgment directs the state government to “ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day.”
When the state decides to escalate litigation this way, it means that what is at stake is not just some alleged legal infirmity but what it believes represents public interest. The Madras High Court, in the judgment dated May 27, was primarily concerned with the practice of slaughtering cows in unauthorised places on the eve of Bakrid. The Court relied on a 1976 government order (interestingly, found in a Maneka Gandhi book) to hold that a ban on cow slaughter was already imposed by this order in Tamil Nadu. Unlike the lamp-lighting case where Muslims worshipping in a nearby Dargah had objections, there has been nothing to suggest that Muslims who celebrate Bakrid or even representatives of farmers’ or traders’ interests were particularly concerned about the cow slaughter judgment.
Though people of Tamil Nadu are overwhelmingly non-vegetarian, beef is not commonly consumed. In fact, one can notice a distinctly local sentiment of veneration or affection towards cattle, especially in rural Tamil Nadu. While defending the sport of Jallikattu from charges of cruelty, a common metaphorical demand made by protestors was to include the bulls’ names in ration cards to show that they are part of the family. Tamil movies with rural themes often have dialogues venerating the cow.
In a series of articles written for the popular magazine Ananda Vikatan, titled “Naan En Pirandhen” (“Why was I born?) M G Ramachandran, or MGR, arguably the most popular political leader of Tamil Nadu to date, repeatedly insisted on protecting the cows. Also, while there may be technical points of dispute in the manner in which the law was interpreted or applied by the Madras High Court, there is really nothing unconstitutional or illegal in a cow slaughter ban per se. Many states have strict laws against cow slaughter. The Supreme Court upheld such laws way back in 1958 in the famous case of Mohd. Hanif Quareshi & Others vs The State Of Bihar and reiterated this position nearly five decades later in 2005 when it said: “despite the changing pattern of life it cannot be said that…subsequent decisions have outlived its (Qureshi’s) ratio.” Also, the Madras High Court does not ban beef-eating per se. It is only cow slaughter that is banned.
