Source: The Indian Express 

Introduction 

The Supreme Court of India is examining petitions challenging the Uttar Pradesh government's ban on halal-certified products, implemented in November 2023. The ban has sparked significant legal and constitutional arguments regarding religious practices, consumer rights, and state authority. The matter raises important questions about the intersection of religious freedoms, commercial regulations, and state power. 

What is 'Halal' ? 

• Halal is an Arabic term legally defined as 'permissible' under Islamic law. 
• The term stands in direct contrast to 'haram' which denotes 'forbidden' items or practices. 
• Halal designation extends beyond food products to encompass various goods and services compliant with Islamic law. 
• The concept serves as a regulatory framework for Muslim consumers to identify permissible products. 

What are Halal Meat and Non-Meat Products? 

• Halal meat requires specific slaughter methods involving a single cut to the jugular vein and carotid artery. 
• The process mandates complete blood drainage and recitation of prescribed prayers. 
• Non-meat products qualify as halal if they contain no prohibited substances like alcohol or pork derivatives. 
• The certification extends to pharmaceuticals, cosmetics, and packaging materials. 
• Vegetarian products are generally considered halal unless they contain prohibited substances. 

Who are the Authorities to Issue Certificates? 

• India lacks a centralized governmental halal certification authority. 
• The National Accreditation Board for Certification Bodies (NABCB) accredits certain organizations to issue halal certificates. 
• Major certifying bodies include Jamiat Ulama-i-Hind and Halal India Private Limited. 
• These certifications receive international recognition from various Islamic nations. 

National Accreditation Board for Certification Bodies (NABCB) 

• NABCB is India's premier accreditation body that assesses and provides accreditation to Certification, Inspection, and Validation & Verification Bodies based on international standards and guidelines. 
• The organization maintains international recognition through active membership in key global bodies including the International Accreditation Forum (IAF), International Laboratory Accreditation Cooperation (ILAC), and Asia Pacific Accreditation Cooperation (APAC). 
• NABCB is a signatory to multiple international Multilateral/Mutual Recognition Arrangements (MLAs/MRAs) covering various management systems including Quality, Environmental, Food Safety, Information Security, and Medical Devices. 
• The Board operates on principles of impartiality, transparency, integrity, and confidentiality, providing equal opportunity to all applicants within its scope of operations. 
• NABCB extends its accreditation services to Conformity Assessment Bodies (CABs) established both within India and internationally, subject to IAF and ILAC policies on cross-frontier accreditation. 
• The organization follows ISO/IEC 17011:2017 standards for conformity assessment and continuously updates its criteria in line with international developments. 
• NABCB's governing board consists of 20 members, including representatives from government bodies, industry associations, regulatory authorities, conformity assessment bodies, and consumer organizations. 
• The Board maintains a commitment to professional development through regular training programs and information exchange conclaves to ensure personnel competence. 
• NABCB actively participates in international forums to maintain global recognition and foster consistency in conformity assessment processes worldwide. 

What is the Background of the Jamiat Ulama-e-Hind Halal Trust v. State of Uttar Pradesh & Ors ? 

• The UP government issued the ban on 18th November 2023, through the Food Security and Drug Administration. 
• The ban prohibits manufacture, sale, storage, and distribution of halal-certified products within UP. 
• Export products received exemption from the ban. 
• The ban originated from a complaint filed by one of the Nation Parties youth wing representatives. 

What are the Main Arguments for the ban of Halal ? 

• Main Arguments 
  • Halal certification creates a parallel quality control system. 
  • Non-meat products shouldn't require religious certification. 
  • Certification increases product costs for all consumers. 
  • Concerns about unauthorized certification practices exist. 
• Petitioners' Arguments 
  • Constitutional Grounds 
    • Violation of fundamental rights 
    • Discriminatory targeting of one community 
    • Interference with religious practices 
    • Arbitrary exercise of state power 

What are the Court Observations ban of Halal ? 

• The Supreme Court issued notices to the UP government on January 5, 2024. 
• The Court granted protection from coercive action to certification bodies. 
• The bench scheduled the next hearing for March 24. 
• The Court acknowledged potential nationwide implications of the ban. 

What are the Legal Frameworks and Constitutional Provisions? 

• Constitutional Provisions 
  • The fundamental challenge to the UP-government's ban centers on several constitutional provisions, particularly Articles 14, 19, and 25 of the Constitution of India, 1950.  
  • The ban's selective targeting of halal certification, while leaving other religious certifications untouched, raises serious questions about equal protection under the law. 
• Constitutional Rights at Stake: 
  • Right to Religious Practice: Article 25 guarantees freedom of religion and religious practices 
  • Right to Trade: Article 19(1)(g) protects the right to carry on any trade or business 
  • Right to Equality: Article 14 ensures equal protection of laws 
  • Consumer Rights: The Consumer Protection Act, 2019, guarantees consumer choice and information 
• Regulatory Framework: 
  • The existing regulatory structure for food certification in India operates under multiple authorities: 
    • Food Safety and Standards Authority of India (FSSAI) 
    • National Accreditation Board for Certification Bodies (NABCB) 
    • Various private certification agencies operating under these frameworks 

Conclusion 

The halal certification ban case represents a significant test of state authority to regulate religious practices in commercial spheres. The Supreme Court's decision will likely establish important precedents for similar regulations nationwide. The case provides the need for a balanced approach between religious freedom and consumer protection.  requires careful consideration of constitutional rights, market dynamics, and regulatory frameworks.