Orissa High Court Expresses Concern Over Illegal Cow Slaughter, Directs State To Appoint Competent Authority Under Slaughter Prevention Act

The Orissa High Court on Thursday (August 07) expressed anguish over illegal cow slaughter across the State despite of the extant legislation i.e. Odisha Prevention of Cow Slaughter Act, 1960 ('1960 Act') which strictly prohibits the same, overriding any existing custom or usage to the contrary.

A Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman was hearing a PIL filed by Gau Gyan Foundation which highlighted the issue of extra-legal cow slaughter despite of preventive legislation. Raising eye-brows over non-implementation of the Act, the Bench observed –

“The Act which was promulgated as far back as in the year 1960 cannot be a dead letter nor be put in cold storage taking into account the above objects and purpose behind the said Legislation.”

The Court took note of the previous order passed last year by the Division Bench of Chief Justice Chakradhari Sharan Singh (now retired) and Justice Savitri Ratho. It had referred to Section 3 of the Act which completely puts bar on the slaughter of cow despite any usage or custom to the contrary.

Section 3 starts with the non-obstante clause, overriding any custom or usage, that the slaughter of cow is completely prohibited and forbidden under the said enactment. However, it was noticed that the bull or bullock though come under the prohibited animal, the slaughter can be permitted subject to a certificate in writing issued by the competent authority.

“It is pertinent to note that in accordance with the provision under Section 3(1)(b) of the Act of 1960, a person is required to obtain a certificate in writing from a competent authority, where a bull or bullock is to be slaughtered. The “competent authority‟ is defined in the Act of 1960 as the person appointed in this behalf by the Government by a notification to exercise the powers and perform the functions of a competent authority under the Act or the rules made thereunder for such area or areas and for such period as may be specified in the notification,” it had held.

The Bench had come to the conclusion that the provision under Section 562 of the Odisha Municipal Corporation Act, 2003 and the provisions as contained in the 1960 Act are to be read conjointly to reach a conclusion as to whether there is complete ban on slaughter of cow in the State of Odisha.

Further, since the 1960 Act puts complete ban on cow slaughter, the Court had held that the Prevention of Cow Slaughter Rules, 1966 do not prescribe any form of application for a certificate for slaughter of cow. After examining the provisions of the Odisha Municipality Act, 1950 and the Odisha Municipal Corporation Act, 2003, it had held that the Act of 1960 being a special legislation has an overriding effect on the other enactments/Rules.

The Bench led by Chief Justice Tandon held that even if certain provisions of Act of 2003 or the Act of 1950 in some way overreach the provisions of the said enactment (1960 Act), yet on a harmonious reading of the several provisions, the same object comes to the fore, i.e. prohibition of cow slaughter.

“However, we noticed Section 4 of the Act, 1960, which also contained the non-obstante clause with clear specification by mentioning Section 3 that such slaughter may be permissible, provided the contingencies indicated therein are fulfilled. Even if, those contingencies are taken into consideration, it does not in absolute terms destroy the very fabric of Section 3 of the said Act of 1960 as the slaughter of the cow is not permitted, even as the custom or the usage so provide,” it added.

Furthermore, the Court was disappointed over the fact that the 'competent authority' prescribed under Section 2(a) of the 1960 Act has not been appointed, thereby rendering a number of provisions of the legislation unworkable.

“The State Government cannot shrug its responsibility in appointing the competent authority under the said Act for workability of the several provisions contained therein and, therefore, we direct the State Government to appoint the competent authority within three weeks from the date of communication of this order and submit the report on the next date,” it ordered.

The matter is now listed on September 01, 2025 for further hearing.

Case Title: Gau Gyan Foundation v. State of Odisha & Ors.

Case No: W.P.(C) [PIL] No. 7048 of 2018

Date of Order: August 07, 2025

Counsel for the Petitioner: Mr. Piyush Panda, Advocate

Counsel for the Respondents: Mr. Debasish Tripathy, AGA Mr. P.K. Mohanty, Senior Advocate for CMC

Click Here To Read/Download Order