SC grants protection to Halal India amidst UP ban
The Supreme Court ruling on Halal certification will have implications throughout food production and hospitality businesses, as well as on export market business
In Uttar Pradesh, the Office of the Commissioner, Food Safety and Drug Administration started a controversy on November 18, 2023, when it notified a ban on food products with halal certification except for those meant for exports.
The Halal India Private Limited and others challenged the UP government’s notification in the Supreme Court. The defendant argued that the ban on Halal products is unconstitutional and violates their rights, and causes market divisions.
The Supreme Court's two–judge bench issued immediate protection to Halal India Private Limited, emphasizing that their ongoing trade and consumer market is going to be affected and thus required such measures.
The defendant’s legal team explained that halal certification programs function similarly to elective lifestyle approaches and customer tastes and pointed out that nobody is forced to buy certified items.
The Uttar Pradesh government's legal representative, Tushar Mehta, reacted with astonishment to the certification of various items that are non-meat products.
Mehta argued that people who reject Halal traditions faced increased prices for certified halal products. There are persuasive arguments for and against Halal Certification.
Arguments favoring Halal Certification
Those who argue for the Halal Products say the halal stamp creates a guarantee for Muslim customers that their food purchase meets Islamic dietary requirements. Through certification, Muslims feel certain they can select products that correspond to their religious values. The process creates trust for consumers who want to choose goods aligned with their faith.
They further argue that among the world's food industry segments, the halal market continues to expand at a rapid pace. Globally, it's a more than a trillion-dollar economy. Halal certification grants business access to a large, potentially profitable market segment. This certification enables international export opportunities and particularly benefits businesses entering Muslim-majority nations, thus stimulating their economic expansion.
The argument for the halal certification says that the products undergo comprehensive quality and safety examinations. A complete series of inspections and audits exists as part of certification, so products can prove they contain no harmful substances or contaminants. The focus on quality creates food products that provide enhanced health and safety standards, thereby producing better choices for all consumers regardless of their religious affiliation.
They advocate said that Halal certification helps multicultural communities stay connected through food offerings designed to meet the diverse requirements of their citizens. The authentication system, which conducts inspections and audits while acknowledging Muslim dietary preferences, enables Muslims to feel warmly accepted. The businesses that provide halal-certified products prove their dedication to serving people from all facets of their market through their offerings.
Further, tourism and hospitality establishments heavily depend on receiving halal certification to fully serve their Muslim customers. Religious Muslim tourists require access to halal food choices for exploration across international borders. A business enables the safe hospitality of Muslim tourists through halal certification of its products and services, which produces superior travel experiences while expanding tourism sector development.
Arguments against Halal Certification
It’s argued the implementation of halal certification represents a financial challenge for both manufacturers who implement this practice and their end consumers. According to critics, non-Halal consumers face higher product prices because of halal certification standards, which creates economic disadvantages for customers who do not follow Muslim dietary practices.
According to critics, the ethical procedures used in slaughtering raise cultural controversies against halal certification. The practice of halal slaughter allows animals to remain conscious during their death, so activists for animal rights declare this method to cause unnecessary suffering to animals.
The implementation of Halal certification results in market segmentation effects that generate feelings of exclusive markets. Critics point out that the products marked with halal branding sometimes alienate non-Muslim consumers because such products cater to a particular religious minority. They argue that the sole availability of specific things leads to segregation instead of uniting different populations.
Those against Halal certification argue that the procedures to earn Halal certification vary among different companies that issue certification. Standardization lapses in certification systems generate variable results, which opens doors to fraudulent practices. Fraudulent halal certification breaks the required standards because some organizations illegally label products as halal. The occurrence of such cases both breaks down consumer faith and creates problems for supervisory bodies to handle.
Critics further say that implementing halal certification establishes restrictions on freedom of choice and breaches secular values. According to their view, the government, along with businesses, must refuse to pick one religious practice over others, as it could violate the religious freedoms of non-practicing individuals.
As such, the proponents and opponents of halal certification are locked in a legal battle in the Supreme Court of India. The case for religious compliance supports market growth and expansion along with ensuring product quality standards, tourism development benefits, is pitted against those who base their argument on economic costs, ethical considerations, market segmentation, regulatory hurdles, and concern over reduced freedom of choice, etc.
The Supreme Court ruling on Halal certification will have implications throughout food production and hospitality businesses, as well as on export market business. The Apex Court cannot have one set of rules for the domestic market and another for the international business.
This Halal Certification case has generated substantial attention because it may establish a precedent for parallel cases in other states.
The final verdict from the Supreme Court will establish fundamental long-term changes for India's food business sector and from the perspective of consumer protection.
[The writer, Syed Ali Mujtaba, is a journalist based in Chennai. He can be contacted at syedalimujtaba2007@gmail.com]
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