'Misleading': Jamiat Ulama Takes Objection To Centre's Submissions On Halal Certification Before Supreme Court

The Jamiat Ulama-e-Hind Halal Trust, one of the petitioners challenging Uttar Pradesh government's ban on halal-certified products has filed an affidavit before the Supreme Court taking exception to the statements made by Solicitor General Tushar Mehta during the last hearing that halal certifying agencies make "few lakh crores" out of the certification process and the Court may need to examine the larger issue of whether entire country should bear the brunt of costlier halal-certified products just because they are demanded by a few.

The Trust claims that the Central government's assertions maligned and targeted the petitioners, following which, certain media organizations set up debates and further vilified the halal certification process.

The same resulted in creating a narrative against the very concept of halal and its certification process, the petitioner says.

"Unfortunately, the Central Government has made misleading submissions which has created serious prejudice to the concept of halal and enabled the prejudiced media to create a narrative against the very concept of Halal."

Aggrieved by the statements, the petitioner also seeks a direction from the Court to the Central government to disclose as to which Central government officer instructed SG Mehta to make the subject statements, as they were "without any basis, inconsistent with the record and the pleadings sworn on oath by public officials".

"This Hon'ble Court may direct the Central Government for disclosure of the fact as to which officer instructed the Ld. Solicitor General to make such statement before this Hon'ble Court as these statements have caused serious prejudice to the concept of Halal; which is considered to be one of the basic requirements of behavior and lifestyle (including eating habits and consumption in general) of a very large community of our country. It is a serious issue of religious belief and practice of a large section Indian citizenry and the same is protected under Article 25 and 26 of the Constitution of India."

Further, the petitioner avers that the process of halal certification cannot be confined to merely non-vegetarian items or items only for export purposes. Rather, the process is part of every Indian consumer's right to be informed in relation to any product he is using in day-to-day life.

"It is also a matter of Right of an individual to be informed with the component used in edible products whether it is vegetarian food or a non-vegetarian food. For instance, Tulsi water, or Lipstick or biscuits with or without chocolate, packaged water bottles are projected to be as ridiculous expansion of Halal Certifications. The said criticism of ridicule is baseless and due to ignorance of fact in general public."

Insofar as FIRs are stated to have been registered for violation of the government's notification(s), the petitioner says that the same are an abuse of process and there is no justification for them.

On the allegation of halal certifying agencies making huge financial profits out of the certification process, the petitioner says that the Centre is aware of its financial statements (as the same have been filed with tax authorities). Further, it gives 14-yr data of its average collection, expenditure, income and payment of tax to government. These data shows that between 2009-10 to 2022-23, the petitioner collected an average total amount of Rs.2,07,83,304 and its annual average surplus was about Rs.71.6 lakhs.

Responding to the SG's questioning of halal-certification even for water bottles, lipstick, tulsi water, etc. the petitioner explains that some manufacturers of these products use animal fat, alcohol-based extracts and enzymes (which could be from animals). As far as water, the same is passed through carbon filters for removal of odor, color, etc. and the charcoal used could be derived from animal bone.

"after advancement of technologies and way of manufacturing different items/products, the manufacturing companies use different components which may or may not be permitted as per the Islamic beliefs within the country or outside the country. Hence, the certification of the products as 'halal' by the issuance of appropriate certificate becomes necessary," the petition states.

In the context of the SG's averments regarding halal-certification of iron bars and cement, the petitioner categorially states that it has not issued any halal certification to iron bars or cement. It puts the Central government to strict proof of any such certification having been granted.

However, it also points out that there are few, predominantly, steel and cement manufacturing companies which produce certain materials to be used in preserving or protecting edible materials, like tin plates/food cans (for packaging food products). And the companies importing from India sometimes place conditions on the exporting companies to ensure that the material used in preparing packaging products are permissible (ie halal). As such, at the request of exporting companies, the petitioner checks the manufacturing process (and the components used therein) and issues Halal certificate if no prohibited items are used so that they can do international trade.

"It is not for the benefit of the petitioner. It is completely voluntary by the exporting company on whose demand and requirement Halal Certificate is issued."

The petitioner also alleges selective targeting of halal certifications, highlighting that certificates like Kosher are still prevalent, and are being sold in different parts of the country (including UP).

Background

On November 18, 2023, 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.

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