Rest Of The Country Forced To Have More Costly Halal Certified Products: Tushar Mehta Cites 'Larger Issues' With Halal Certification Before SC
"How Can Besan Or Tulsi Leaves Be Halal Or Haram?", the SG submitted.
The Supreme Court has agreed to examine issues surrounding halal certification practices, which have sparked a legal debate over its scope and impact on consumers and businesses.
During the hearing today, Solicitor General (SG) Tushar Mehta submitted that halal certification is being extended to a wide array of products, including cement, iron bars, water bottles, and even tulsi leaves, with certifying agencies allegedly collecting significant fees.“Everything—atta, besan—is being halal certified. How can besan or tulsi leaves be halal or haram?” Mehta remarked, emphasizing that this certification imposes additional costs on products.
The SG submitted, "So far as halal meat etc. is concerned, nobody can have any objection. Your lordship would be shocked, and I was shocked yesterday, cement used is to be halal certified. Water bottles which we get are required to be halal certified and certifying agencies are charging.. the total collection is a few lakh crores". He added that the same has been stated in the Affidavit.
The Bench of Justice BR Gavai and Justice Augustine George Masiah granted four weeks for filing rejoinders and scheduled the hearing for a non-miscellaneous day in the week commencing March 25.
"This will be a larger issue your lordship may have to examine. Suppose, non-believers who do not eat halal...So, the rest of the country, has to have to have Halal certified, more costly products, because few people want it to be halal certified. Government doesn’t want..." the SG submitted.
Senior Advocate MR Shamshad, countering the arguments, stated that halal certification is not limited to non-vegetarian food but reflects lifestyle choices. He cited instances where certain processes, such as using charcoal to purify water, align with halal principles. Shamshad also highlighted the Central Government’s acknowledgement of halal certification and said that there are products where alcohol-based preservatives are used.
Senior Advocate Raju Ramachandran, also appearing for the Petitioners submitted that even lipstick has to be halal certified.
Tushar Mehta further submitted, "Another concern.. Suppose I am Sikh and for me halal meat is prohibited. Halal would mean that the animal would die slowly. Other religion says that you should not...."
Justice Gavai intervened to say, "Jhatka". Mehta continued, "Jhatka, then he will have to have halal, because it has to be halal certified. There are several issues my lord".
Shamshad then submitted, "All are voluntary. Nobody is forcing".
The Bench inquired about the specific violations leading to FIRs in such cases, with Mehta responding that they are based on government notifications.
J. Gavai asked the SG, "FIRs are registered against them for what violations?"
Mehta responded, "For violation of the notification."
The Court has deferred detailed arguments to March, providing time for all parties to submit rejoinders. The case will now be heard in the week commencing from March 25. "We will hear it out. 4 weeks time is granted to file rejoinder. Put up for hearing on a non-miscellaneous day after 6 weeks. In the week commencing 25th of March," the Court ordered.
Previous Court Proceedings
Pertinently, in February 2024, the Court while hearing a Writ Petition filed challenging the ban imposed on Halal-certified products in the State of Uttar Pradesh had granted interim protection from coercive action to Halal India Pvt. Ltd.
The Bench had earlier issued notice in the matter, however, had refused to pass any interim order that no coercive action be taken under the notification.
In November 2023, the State of Uttar Pradesh had banned production, storage, distribution and sale of halal-certified products in the state, however, exempted exports from the embargo.
It is pertinent to note that Halal certification is a guarantee that the product is permissible and is in accordance with the Islamic law and is unadulterated, meaning no haram product is used. In India, the halal certificate is issued by private bodies unlike in Muslim majority countries.
The Additional Chief Secretary, Food Safety and Drug Administration (FSDA), Uttar Pradesh, had issued a notice to be complied with immediate effect.
The notification in Hindi dated November 18, 2023, read, “… 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).”
The notification also says that it is only the statutory institutions which check the related standards as per the provisions given in the Act and thus, Halal certification of food products is a parallel system which creates confusion regarding the quality of food items and is completely against the basic intention of the said Act and is not tenable under Section 89 of the said Act.
Section 89 says that the provisions of the Act will have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than the Act.
