Supreme Court issues notice on plea against ban on halal products in UP

Satya Prakash

New Delhi, January 5

The Supreme Court on Friday issued notice to the Uttar Pradesh Government, the Centre and others on a petition challenging the ban on manufacturing, storage, sale and distribution of halal-certified food products in the state, except those meant for export.

Notification challenged

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• Petitioners Halal India Private Ltd and Jamiat Ulama-e-Maharashtra have challenged the validity of the notification issued by the Commissioner, Food Safety and Drug Administration, UP, under the Food Safety and Standards Act, and have sought quashing of FIRs lodged against alleged violators.

While refusing to pass any interim order restraining the UP Government from taking coercive action against those violating the ban, a Bench led by Justice BR Gavai posted the petitions for hearing after two weeks.

Petitioners Halal India Private Ltd and Jamiat Ulama-e-Maharashtra have challenged the validity of the November 18, 2023, notification issued by the Commissioner, Food Safety and Drug Administration, Uttar Pradesh, under Section 30 (2) (a) of the Food Safety and Standards Act, 2006, and have sought quashing of FIRs lodged against alleged violators.

They alleged that the notification made a “vague and arbitrary statement” that halal products were being prohibited in view of public health, without elaborating on how such products were affecting public health.

It was apparent that the restriction imposed by the notification was “only an attack on followers of Islam religion which provides certain criteria of products that are permitted to be used by its followers”, the petitioners alleged.

The FIR and the notification were “evidently arbitrary”, targeted towards the religious beliefs of a particular community in the country, “infringes upon the fundamental rights guaranteed to the petitioners under Articles 14, 19, 21, 25, 26 and 29 of the Constitution of India and is against the idea of secularism enshrined in the Constitution”, they contended.

Pointing out that there were several other certifying non-governmental agencies which certify ‘satvik’ food — consumed by citizens following a particular religion, they submitted. “However, the same has not been brought under the ambit of the impugned notification. Therefore, the notification selectively prohibits the citizens of this country who are followers of the Islamic culture and values, from consuming food and using materials which are halal certified/permissible in accordance with the Islamic culture and values.”

The petitioners alleged that the widespread impact of the impugned notification on the manufacture, sale, storage and distribution of halal certified products had instilled fear in the populace all across India.