Shocked to see halal-certified cement and iron bars, Solicitor General tells SC

Shocked to see halal-certified cement and sariyas (iron bars), Solicitor General Tushar Mehta on Monday told the Supreme Court that non-Muslims should not be forced to pay higher cost for halal-certified products.

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“Why should non-believers (non-Muslims) pay a higher price for halal-certified products just because few people want them to be so certified?” Mehta wondered during the hearing of a petition challenging the UP Government’s decision to ban the manufacturing, storage, sale and distribution of halal-certified food products in the state, except those meant for export.

November 18, 2023 notification was issued by the office of the commissioner, Food Safety and Drug Administration, Uttar Pradesh, under the provision of the Food Safety and Standards Act, 2006.

Petitioners Halal India Private Limited 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 quashing of FIRs lodged against alleged violators.

“So far as halal meat is concerned, nobody can have any objection. But your lordships would be shocked, as I was shocked, that even cement and iron bars used are to be halal certified,” Mehta told a Bench led by Justice BR Gavai.

He said the halal-certifying agencies were charging and the total amount collected in the process might be a few lakh crore. “Even ‘atta’ (wheat flour) and ‘besan’ (gram flour) has to be halal-certified. How can ‘besan’ be halal or non-halal?” asked Mehta.

The petitioners’ counsel said the Centre’s policy says it was a matter of lifestyle. “All this is voluntary.

Referring to non-believers, who did not consume halal-certified products, Mehta asked why they should be made to pay a higher price only because some people wanted halal-certified products.

The top court granted four weeks to the petitioners to respond to the Centre’s stand and posted it for further hearing in the week commencing March 24.

The Centre contended in its affidavit that the grievance of the petitioner related to the November 18, 2023 notification issued by the Food Safety and Drug Administration of Uttar Pradesh, which fell entirely under the jurisdiction and authority of the state.

It said the Centre’s Ministry of Commerce and Industry had no role or authority over such state-level regulations or notifications and an FIR was registered against one of the petitioners at Lucknow in a case related to Halal certification.

The ministry was primarily concerned with the promotion and regulation of international and domestic trade, industrial growth, and export promotion in India, it said.

“With an objective to streamline the halal certification process of meat and meat products as halal from India, Department of Commerce and APEDA (Agricultural and Processed Food Products Export Development Authority) which is a regulatory body for export of meat, agricultural and processed food products requested QCI to develop a national scheme for certification of halal products,” it said.

The November 18, 2023, notification was issued by the office of the commissioner, Food Safety and Drug Administration, Uttar Pradesh, under the provision of the Food Safety and Standards Act, 2006.

In its counter affidavit filed in the top court, the Centre said the grievance of the petitioner related to the November 18, 2023 notification issued by the Food Safety and Drug Administration of Uttar Pradesh, which fell entirely under the jurisdiction and authority of the state.

It said the Centre’s Ministry of Commerce and Industry had no role or authority over such state-level regulations or notifications and an FIR was registered against one of the petitioners at Lucknow in a case related to Halal certification.

The affidavit said the ministry was primarily concerned with the promotion and regulation of international and domestic trade, industrial growth, and export promotion in India.

It said the ministry had no direct or indirect role in the enforcement, regulation or administration of laws relating to food safety, drug administration or any other matter raised in the petition.

“With an objective to streamline the halal certification process of meat and meat products as halal from India, Department of Commerce and APEDA (Agricultural and Processed Food Products Export Development Authority) which is a regulatory body for export of meat, agricultural and processed food products requested QCI to develop a national scheme for certification of halal products,” it said.