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Why are Indian states banning halal-certified products?

MM News Staff by MM News Staff
November 24, 2023

Indian state Uttar Pradesh authorities imposed a state-wide ban on the “production, storing, distribution and sale of halal certified edible items”. The Food Commissioner’s Office issued an order last week, imposing the ban in Uttar Pradesh “with immediate effect”.

Now Union Minister Giriraj Singh has urged Chief Minister Nitish Kumar to consider imposing restrictions on halal food products in Bihar.

Singh argues that the halal industry is damaging to the nation’s interests, characterizing it as a form of betrayal.

What is halal and halal food?

The Food and Agriculture Organization (FAO) of the United Nations defines Halal Food as that which is permitted under Islamic Law “All lawful land animals should be slaughtered in compliance with the rules laid down in the Codex Recommended Code of Hygienic Practice for Fresh Meat,” the FAO guidelines say.

One of the many requirements is that the Slaughter Act should sever the trachea, esophagus and main arteries and veins of the neck region” of the animal.

Vegetarian food would be generally considered permissible or ‘halal’ unless it contains alcohol. Any consumable item can be deemed ‘halal’ or ‘haram’ as per Islamic law.

The FAO guidelines also specify that “when a claim is made that a food is halal, the word halal or equivalent terms should appear on the label”.

What are halal-certified products?

A Halal certification is a guarantee that the food is prepared adhering to Islamic law and is unadulterated.

In India, halal certification is given by many private companies which mark the food or products permissible for Muslims. Some of these halal certification bodies are recognized by the Indian government, while others do not have any recognition.

The major halal-certifying organizations in the country include Halal India Pvt Ltd and Jamiat Ulama-i-Hind Halal Trust.

Is halal certification mandatory?

The Indian government neither mandates halal certification nor does it provide a unifying regulatory law. The Food Safety and Standard Authority of India’s (FSSAI) standard certification is the requirement for consumer edible products.

It states that Halal certification in the form of “an internationally recognized certificate” is not necessary to obtain trade permission either for exports or imports. “There are no specific labeling requirements for imports of halal food products,” the USDA said in 2022.

What’s the controversy around halal-certified products?

The controversy is centered around two aspects — one is the legality of the certificate-issuing authority and the other is the allegation of targeting people of a particular community.

On Friday, November 17, a case was registered in Lucknow against some entities for allegedly exploiting religious sentiments to boost sales by providing halal certificates to customers of a specific religion.

According to the Uttar Pradesh government, these entities include such as the Halal India Private Limited Chennai, Jamiat Ulama-i-Hind Halal Trust Delhi, Halal Council of India Mumbai, and Jamiat Ulama Maharashtra among others.

First, let’s delve into the legal aspect of halal certification:

The restriction by the Uttar Pradesh government came amid complaints against various companies issuing Halal Certification. The question is whether these companies have been issuing such certificates legally or illegally.

A few private companies, against which Lucknow police had registered a case on Friday, were accused of issuing “forged” halal certificates to various companies for financial gains.

One of the complainants, Shailesh Sharma, told ANI that there are four companies in Chennai, Mumbai, and Delhi that issue halal certificates. He alleged that none of the companies, as of now, have been recognized by the central government or any other government — to determine whether they are eligible to issue halal certificates or not.

Halal certification system:

In India, various halal-certifying agencies provide companies with accreditation to these “Halal Certification Bodies” under the Quality Council of India. 

Taking certification from government-recognized Halal certifying bodies gives companies an advantage in not only the national but international market.

As per the guidelines by the Directorate General of Foreign Trade (DGFT), meat and its products are allowed to be exported as ‘halal certified’ only if they are produced, processed, and packaged in a facility having a valid certificate issued by a body accredited by a board of the Quality Council of India.

Earlier, there was no mandatory halal certification system in India regulated by the government as the country does not have a national regulation for the certification.

However, to streamline the certification of meat and meat products as halal from the country, a scheme titled ‘India Conformity Assessment Scheme (i-CAS)’ was developed by the government, news agency PTI reported.

On April 6 this year, the DGFT notified policy conditions for the halal certification process for meat and meat products. It directed the existing bodies to seek accreditation from the NABCB for i-CAS (Indian Conformity Assessment Scheme) Halal in six months.

In October, the Center extended the time period for accreditation of halal certification bodies and registration of export units by six months till April 5, 2024.

Halal certification ‘creating confusion’:

The official notification by Uttar Pradesh’s Food Safety and Drug Administration department mentioned the Halal certification of food products as a parallel system that creates confusion regarding the quality of food items and is completely against the basic intention of the Food Safety and Standards Act.

‘Exploiting religious sentiments’:

The few companies, that were accused of issuing forged halal certificates, were also charged for “fostering not only social animosity but also violating public trust”. They were also accused of exploiting religious sentiments to boost sales by providing Halal certificates to customers of a specific religion.

In a statement, the Uttar Pradesh government said the complainant has raised concerns over a potential large-scale conspiracy— indicating attempts to decrease the sale of products from companies lacking the halal certificate, which is illegal.

“The issuance of halal certificates for vegetarian products like oil, soap, toothpaste, and honey, where no such certification is necessary, suggests a deliberate criminal conspiracy targeting a specific community and its products,” it said.

Moreover, the complainant alleged that, under the guise of religion, “unrestrained propaganda” is being pursued within a particular section of society to discourage the use of products lacking a halal certificate. This, in turn, harms the business interests of other communities.

The complainant reportedly expressed concern over these individuals “amassing disproportionate profits and potentially channeling funds towards supporting terrorist organizations and anti-national endeavors,” the UP government’s statement said.

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