Shocked To See Many Non-Meat Products Having Halal Certification : Solicitor General Tells Supreme Court

During the hearing of the pleas challenging Uttar Pradesh government's ban on halal-certified products, Solicitor General Tushar Mehta urged before the Supreme Court today that halal-certified products are costlier and the Court may have to consider the issue of people all across the country having to buy costlier halal-certified products just because they are demanded by a few.

A bench of Justices BR Gavai and AG Masih heard the matter and posted it for hearing in the week commencing March 24, noting that the petitioners already stand protected from coercive action by virtue of the Court's earlier order(s). Asking the respondent-Union to serve copies of its affidavit on the petitioners, the Court gave time for filing of rejoinder.

During the hearing, SG Mehta expressed "shock" over the kind of products, other than meat-based, which are sought to be sold as halal-certified. "So far as Halah meat etc. is concerned, nobody can have any objection. But your Lordships would be shocked, as I was shocked yesterday, even cement used is to be halal-certified! Sariyas (iron bars) used have to be halal-certified...Water bottles which we get are required to be halal-certified...", he said.

Alleging that halal certification agencies have made "few lakh crores" out of the certification process, the SG added, "even atta (wheat flour), besan (chickpea flour) has to be halal-certified...how can besan be halal or non-halal?"

Responding to this, Senior Advocate MR Shamshad, for petitioners, submitted that in the Central government's policy, halal is defined elaborately and halal certification is not only related to non-veg food. "Central government policy itself says it's a matter of lifestyle", he said. To support the submissions, the senior counsel gave the example of alcoholic materials being used as preservatives in products and charcoal gas being passed through water to give it a shiny/sparkling effect.

Subsequently, the SG highlighted a larger issue that may have to be considered by the Court - why should non-believers (who do not consume halal) in the rest of the country have to pay a higher price for halal-certified products just because few people want them to be so certified? This was countered by counsels for petitioners saying that consuming halal-certified products is not mandatory. Rather, it's a matter of choice.

Background

On November 18, the Food Security and Drug Administration of the Uttar Pradesh government banned the “manufacture, sale, storage and distribution of halal-certified products with immediate effect”, with the government reportedly justifying its decision by citing a complaint filed in Lucknow by a Bharatiya Janata Party (BJP) youth wing representative, accusing halal certifying bodies of issuing 'forged' certificates to boost sales among Muslims. Crucially, the ban applies solely to sales, manufacture, and storage within Uttar Pradesh and does not extend to export products. The notification reads -

"In compliance with Section 30(2)(d) of the Food Safety and Standards Act, in exercise of the authority vested in Section 30(2)(a) of the said Act, in view of public health, food with Halal certification is being banned within the limits of Uttar Pradesh. A ban is imposed with immediate effect on the manufacture, storage, distribution and sale of products (except food produced for export to the exporter.”

Responding to the outcry and potential disruptions caused by the ban, the state government later granted a 15-day grace period for retailers to withdraw halal-certified products from their shelves. Additionally, the government directed 92 state-based manufacturers receiving halal certification from non-certified organizations to recall and repackage their products.

Halal certificates, indicating that a product is permissible for consumption by followers of Islam, are issued by bodies such as the Jamiat Ulama-i-Hind's Halal Unit and the Halal Shariat Islamic Law Board. These bodies, accredited by the National Accreditation Board for Certification Bodies, strongly criticized the government's decision. The government's move has also led to a constitutional challenge before the Supreme Court by Halal India Private Limited and Jamiat Ulama-e-Maharashtra. These petitioners, in their writ petition(s), have sought legal intervention from the top court, challenging the ban's unconstitutionality.

Case Title: Jamiat Ulama-e-Hind Halal Trust v. State of Uttar Pradesh & Ors. | Writ Petition (Criminal) No. 24 of 2024 (and connected cases)