Supreme Court of India has taken significant action concerning the contentious issue of the Uttar Pradesh government’s ban on halal-certified products. The apex court has issued a formal notice in response to a plea filed by the Jamiat Ulama-e-Hind Halal Trust, which contests the validity of this ban. In a move to safeguard the rights and freedoms of those involved, the Supreme Court has also extended interim protection to Mahmood Madani, the chief of Jamiat, along with other key office-bearers of the trust.
NEW DELHI: The Supreme Court of India has issued a notice regarding the plea filed by Jamiat Ulama-e-Hind Halal Trust, which challenges the Uttar Pradesh government’s ban on halal-certified products. The Court has also granted interim protection to Jamiat chief Mahmood Madani and other office-bearers of the trust, shielding them from any coercive action.
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The bench, comprising Justices BR Gavai and Sandeep Mehta, agreed to hear the writ petition filed under Article 32 of the Constitution by Jamiat Ulama-e-Hind Halal Trust. This decision follows the Court’s earlier notice in two other pleas by Halal India Private Limited and Jamiat Ulama-e-Maharashtra, which also challenge the Uttar Pradesh Government’s ban on the “manufacture, sale, storage, and distribution of halal-certified products.” Implemented on November 18 last year, the ban led to police raids across the state and the seizure of halal products, sparking widespread controversy.
The petitioners argue that the ban violates citizens fundamental rights and disrupts established certification processes. They contend that the action is misconceived, causing chaos for retailers and affecting legitimate trade practices. Initially hesitant to exercise its Article 32 jurisdiction, the Supreme Court was persuaded to issue notice in the petitions earlier this January, recognizing the ‘pan-India ramifications’ of the halal ban and its impact on inter-state trade and commerce.
During the hearing, Advocate MR Shamshad, representing Jamiat, highlighted the undue pressure exerted on the organization’s president, despite their cooperation with the investigation.
Justice Gavai responded,
“Show them that the Supreme Court is seized of the matter.”
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Shamshad expressed concerns about the extra-judicial nature of the summons, emphasizing the need for protection from the Court.
The Uttar Pradesh Government’s ban, reportedly justified by a complaint from a Bharatiya Janata Party (BJP) youth wing representative, accused halal certifying bodies of issuing ‘forged’ certificates to boost sales among Muslims. The ban, however, is limited to sales, manufacture, and storage within Uttar Pradesh and does not extend to export products.
In response to the ban, the state government later allowed a 15-day grace period for retailers to withdraw halal-certified products from their shelves and directed 92 state-based manufacturers receiving halal certification from non-certified organizations to recall and repackage their products.
Halal certificates, which indicate that a product is permissible for consumption by followers of Islam, are issued by recognized bodies like 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, have 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. The petitioners seek legal intervention from the top court, citing the ban’s unconstitutionality and its adverse consequences on trade practices, besides arguing that it infringes upon the fundamental right to choose food based on religious beliefs.
Case Details:
Halal India Private Limited & Anr. v. State of Uttar Pradesh & Anr. | Writ Petition (Criminal) No. 690
of 2023 and connected matters.
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