Orissa High Court Expresses Concern Over Illegal Cow Slaughter Despite 1960 Act [Read Order]

Odisha: The Orissa High Court on Thursday (August 7, 2025) expressed strong displeasure over the continued illegal slaughter of cows across the State, despite the Odisha Prevention of Cow Slaughter Act, 1960, which strictly prohibits such activity, overriding any custom or usage to the contrary.

Hearing W.P.(C) PIL No. 7048 of 2018, Gau Gyan Foundation vs. State of Odisha & Ors., the Bench comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman observed that although the 1960 Act was enacted more than six decades ago, its provisions have not been implemented in true spirit. The court noted, “The prohibitory law having been enacted as a State legislation has not been ensured in true spirit.”

The Bench referred to Section 3 of the Act, which imposes a complete ban on the slaughter of cows, notwithstanding any contrary custom or usage. While bulls and bullocks may be slaughtered under certain conditions with a written certificate from the competent authority, the court emphasized that these exceptions do not dilute the absolute prohibition on cow slaughter.

The court also stated that the Odisha Prevention of Cow Slaughter Act, 1960, being a special legislation, overrides the provisions of the Odisha Municipality Act, 1950, and the Odisha Municipal Corporation Act, 2003. Even provisions in these laws that appear to allow otherwise must be read harmoniously to preserve the core prohibition under the 1960 Act.

Importantly, the court found that the “competent authority” defined in Section 2(a) of the Act has not been appointed, rendering several provisions of the law unworkable. The Bench remarked that the legislation “cannot be a dead letter nor be put in cold storage” and directed the State Government to appoint the competent authority within three weeks from receipt of the order.

The matter is scheduled for further hearing on September 1, 2025.

Mr. Piyush Panda, Advocate, appeared for the petitioner. Mr. Debasish Tripathy (AGA) represented the State of Odisha, while Mr. P.K. Mohanty, Senior Advocate, appeared for the Cuttack Municipal Corporation.

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

[Read Order]