Yogi Adityanath Has Opened A Front Against Creeping Halal Certifications, But Can He Win?

The Greek historian Thucydides once observed, "The strong do what they can, and the weak suffer what they must."

Earlier this month, Solicitor General Tushar Mehta echoed a similar sentiment while presenting arguments before the Supreme Court regarding the alleged monopoly of the Halal certification industry.

In November 2023, the Yogi Adityanath-led government in Uttar Pradesh imposed a ban on the sale and manufacture of Halal-certified products within the state.

The prohibition was precipitated by a series of law enforcement actions and formal complaints. Specifically, within 24 hours of the Lucknow police registering cases against a company and three organisations for the alleged issuance of 'illegal Halal certificates' on retail goods, authorities executed raids on prominent shopping malls.

These actions stemmed from a formal complaint lodged by a representative of the Bharatiya Janata Party's (BJP) youth wing. The complaint detailed accusations that several Halal-certifying entities were engaging in the distribution of 'forged' certifications, ostensibly to artificially inflate sales within a targeted consumer demographic.

Such practices, the complainant argued, constituted a breach of public trust and contributed to the fomenting of social division within the state.

In response, several petitioners, including Halal India Private Limited and the Jamiat Ulama-I-Hind Halal Trust, challenged the legality of the government’s notification in the Supreme Court.

Legal Issues Involved 

First is the legality of the certificate-issuing authorities. In India, all Halal certification authorities are required to receive accreditation from the National Accreditation Board for Certification Bodies (NABCB) after they are registered under the Quality Council of India. The Lucknow raids revealed that several organisations did not possess this accreditation.

Second is the matter of dual certification. Halal certification runs a parallel system. As per the ban notification, this creates confusion regarding the quality of food items, especially since Section 89 of the Food and Safety Standards Act grants the Food Safety and Standards Authority of India (FSSAI) an overriding effect and preference over other bodies when it comes to food-related laws.

This is not the first time concerns have been raised over the existence of two parallel certification systems. In early 2023, several petitions were submitted to the Ministry of Health and Family Welfare, questioning why companies should be compelled to obtain Halal certification from largely unregulated private agencies. "Why should all companies be faced with a compulsion to receive Halal certification (through entirely unregulated agencies) on their products?" one petition had asked.

Beyond regulatory concerns, the scope of Halal certification has also come under scrutiny. The Yogi Adityanath government has alleged that certification bodies were extending their authority beyond meat products, branding even vegetarian items such as oil, soap, toothpaste, and honey as Halal-compliant. This raises the broader question of whether such agencies should be permitted to provide Halal certification for non-meat products, potentially influencing consumer behaviour beyond the intended religious context.

The Solicitor General emphasised, “Your lordships would be shocked, as I was shocked, that even cement and iron bars used are to be Halal certified,” before a bench of Justices B R Gavai and Augustine George Masih. 

“Even ‘atta’ (wheat flour) and ‘besan’ (gram flour) have to be halal-certified. How can ‘besan’ be Halal or non-Halal?” asked Mehta.

The top law officer referred to non-believers, who did not consume halal-certified products, and asked why they should be made to pay a higher price only because some people wanted halal-certified products. This cartel was in the business of declaring tulsi water, biscuits and even water bottles as permissible and consequently collecting a few lakh cores in the process.

The petitioners' defence was twofold. First, they engaged in mental gymnastics to justify the need to deem something ‘pure.’

Responding to the critique on the water certification, the petitioners averred, “The same is passed through carbon filters for removal of odour, colour, etc. and the charcoal used could be derived from animal bone.”  

Regarding iron bars and cement, they justified: “A few predominantly steel and cement manufacturing companies produce certain materials used to preserve or protect edible items, like tin plates and food cans for packaging.

"And the companies importing from India sometimes place conditions on the exporting companies to ensure that the material used in preparing packaging products is permissible (i.e. halal).

"As such, at the request of exporting companies, the petitioner inspects the manufacturing process and its components, issuing a Halal certificate if no prohibited items are used, enabling international trade."

Notably, the Yogi government’s notification carves out marked exemptions from the ban for products that are meant for export. 

The second argument in defence was that purchasing Halal-branded products was entirely a matter of choice. “All this is voluntary. Nobody is forcing anyone,” the petitioners' counsel said.

How Much Halal Is Too Much Halal?

Several Indian companies and indigenous brands, including CavinKare, Daawat Rice, Bikano, Goldwinner Oil, Vadilal Ice Cream, Amrutanjan Health Care, Patanjali, Haldiram, Bikanervala, and Gujarat Ambuja Exports, are compelled to pursue Halal certification to strengthen their presence in markets like Singapore, Malaysia, and the Gulf Cooperation Council. Given this, how real is the freedom of choice for non-believers? 

Even within the Islamic world, concerns are mounting over the economic burden of rampant Halal certification. International certification bodies themselves are questioning “How much Halal is too much?”

Dr Muhammad Munir Chaudry, President of the Islamic Food and Nutrition Council of America, commented in 2021, “We shouldn’t be trying to certify the whole world… but some countries believe everything is doubtful unless certified.”

Similar sentiments were echoed by Isa Chao, the vice secretary general of the Taiwan Halal Integrity Development Association who had this to say to Salaam Gateway (a Malaysian news and insights platform on the global Islamic economy):

​​“There is an overreach, for many years there was no Halal certification, and it has only been around for the last few decades. Now we are asked for Halal certification for weird things. As a CB (certification body) we turn down a lot of requests.”

When Bio Intergrasi, a Malaysian-based ‘Halal hygiene’ company decided to release halal-certified diapers and sanitary napkins, several Islamic experts within the country greeted the development with scepticism.

Dhaliff G Anuar, manager for Halal industry and integrity services at PWC Malaysia told Salaam Gateway, “On a logical basis, tying up with Shariah principles, there is no need for diapers and sanitary napkins to go for Halal certification as they are made of crude oil derivatives and plant sources”

Despite the growing critique, the global Halal economy remains formidable, valued at USD 3 trillion, with USD 100 billion (Rs 8 lakh crores) within India alone. Companies rush to get a slice of this market, making Halal less of an option and more of a default.

Laissez Faire

So how does one combat this abundance of certification? Internationally, countries have had different approaches.

The free market approach was suggested by Dr Barbara Ruiz-Bejarano, Director of International Relations at Instituto Halal in Spain. “The market will eventually impose limits, based on demand. Whatever product is reasonable and marketable will work and whatever is not reasonable or marketable will not,” she told Salaam Gateway. 

She believes that over time, capitalism will naturally eliminate goods and services that consumers do not see the need to be Halal.

“At the end of the day, consumers make their own choices; they have a budget and their beliefs and they balance all that before balancing what they will buy,” she adds.

While allowing market forces to operate freely may be effective within the Islamic world, the dynamics shift considerably in countries where Muslims constitute a minority.

Non-Muslims (the majority in some regions) generally do not care if a product is halal-certified. Many halal-certified products (like meat, cosmetics, and finance) do not significantly differ in quality, taste, or function from non-Halal versions. Since the benefits are concentrated (Muslims actively seek Halal products), but the costs are diffuse (non-Muslims are indifferent), businesses see no reason to avoid Halal certification.

Over time, Halal certification has become increasingly prevalent, influencing global supply chains — even in regions where Muslims form a minority. While some non-Muslim consumers may object, their resistance is often insufficient to counterbalance the economic incentives businesses gain from catering to the engaged halal-seeking minority.

Solicitor General Tushar Mehta underscored this issue before the Supreme Court, arguing that halal-certified products tend to be more expensive. He urged the Court to consider the broader implications — whether consumers across the country should be compelled to pay higher prices simply because a select group demands Halal certification.

As Nassim Nicholas Taleb wrote seven years ago, the intolerant minority always wins, if the majority is not too inconvenienced by this demand. A Muslim may want halal, and the average Hindu won’t mind Halal as long as the product is acceptable. 

Yogi’s Crusade Against Halal

One way to counteract the silent majority fallacy is through state intervention, and the Yogi government’s recent ban on Halal certification does precisely that. This move is not unprecedented — it draws directly from legislative actions in the European Union that have already received judicial approval.

For example, the European Court of Justice recently upheld bans on ritualistic animal slaughter in various Belgian regions, affirming that EU nations have the right to prohibit Halal slaughter if they choose.

Notably, Yogi’s ban is more measured in comparison. With explicit exemptions for export-oriented products — and as Solicitor General Tushar Mehta clarified, “So far as Halal meat etc. is concerned, nobody can have any objection” — the policy is far more lenient than outright bans on both Halal and Kosher slaughter in European countries like Sweden, Norway, Iceland, Denmark, and Slovenia.

 Use Halal Stamp as an Identity Marker

Several politicians across the Global North have been vocal in their criticism of the Halal industry, arguing that it extends beyond dietary preferences into broader cultural and political concerns.

Consider the remarks made by French Interior Minister Gérald Darmanin in 2021. While spearheading France’s campaign against Islamic “separatism,” Darmanin expressed his discomfort on national television, stating that he was “shocked” to see supermarket sections dedicated to “communalist food” (cuisine communautaire). He echoed a growing sentiment across Europe that Halal food not only fosters social division but also raises concerns about animal welfare and the subtle entrenchment of Islam within Western societies.

Darmanin later clarified that while individuals have every right to consume Halal and kosher products, his concern lay in how profit-driven businesses actively market these foods in an overt manner — particularly in stores serving a diverse customer base.

In contrast, Britain has approached Halal as an identity marker. Initially, Halal certification emerged in response to public outcry from British consumers who were alarmed to discover they had unknowingly consumed Halal meat. Many felt misled and demanded clearer labelling to ensure informed consumer choice rather than what they perceived as a silent invasion.

They demanded clearer distinctions to ensure consumers could make informed choices. As a consequence, in 1994, concerns over inadequate labelling — which led to unintentional consumption of Halal meat — prompted the government to establish the Halal Food Authority.

Yogi Adityanath appears to have taken inspiration from the British approach. In July 2024, he issued a statewide directive requiring shop owners and street vendors to display their names prominently during the Kanwar Yatra. Critics argued that this measure would single out Muslim vendors, facilitating economic boycotts.

However, supporters defended the policy, asserting that if Muslims have the right to demand Halal food, Hindu pilgrims should equally have the right to follow their own preferences.

Exclusionary Economy

One of the key challenges in analysing the Halal economy is the difficulty in distinguishing between Islamic banking — often referred to as interest-free banking — and Halal economics, as the two are deeply interconnected in practice.

For over a decade, various nations have hosted global conferences such as the World Halal Research Conference and the World Halal Forum Summit, designed to promote the worldwide acceptance of Halal products by fostering collaboration between the Halal industry and Islamic financial institutions.

Director Rupesh Paul, in his book Fuck Off, remarks, “The Halal economy is a major force today. Sharia-compliant companies and Halal food indexes are gaining prominence, driving increased investment into the Halal industry. This creates a self-sustaining system where funds generated from Halal commerce are reinvested through Islamic banking and financial services, strengthening the Islamic economic framework globally.”

Halal-focused stock market indexes — such as SAMI (Socially Acceptable Market Investments) and the Halal Food Index — have witnessed growing traction in recent years. These indexes, including over 1,250 Sharia-compliant companies, function entirely within the principles of Islamic banking and finance. This structure allows for comprehensive control over the supply chain, from production to consumer, on a global scale.

As this ecosystem continues to expand, it has gained significant momentum and institutional backing. Within this framework, Muslim employers, employees, and consumers benefit, while those outside this self-reinforcing economic circle may find themselves at a disadvantage.

Non-Muslim consumers, in particular, often participate only as end users, with little to no share in the financial advantages — effectively bearing the costs while profits remain within the Islamic economic system.

Concerns over this system have intensified in light of allegations linking Islamic banking and the Halal economy to the funding of extremist activities. In November 2024, Australian politician George Christensen claimed that revenues from the Halal economy were being used to propagate Sharia law and extremism in his country.

Similar concerns have surfaced in India, with The Sunday Guardian reporting that intelligence agencies suspect a portion of the profits from Halal product sales have been diverted to anti-India activities — including financially supporting Wahhabi jihadists facing serious criminal charges.

Need for Regulation

Beyond the requirement to be registered under the Quality Council of India and accredited by the National Accreditation Board for Certification Bodies (NABCB), Halal certification bodies in India operate with minimal regulatory oversight. There are no stringent guidelines governing their operations, which raises concerns about transparency and market fairness.

As S Bhaskaran, president of Vishwa Sanatan Parishat, pointed out in an interview with The Sunday Guardian, “This divide has been artificially created by those issuing Halal certificates because these certifications stem from unregulated private entities. It is akin to running a parallel toll collection system on a highway — directing business in a single direction at the cost of fair competition.”

Even more striking is the absence of financial audits for these certification bodies. Sulibele Chakravarthy, a writer and founder of Sodari Nivedita Pratisthana in Karnataka, has repeatedly petitioned the government to scrutinise the financial records of Halal certification entities.

He questioned, “Why are these organisations not subject to the same auditing requirements as other businesses? How can they charge up to Rs 60,000 per product annually for certification while remaining exempt from financial disclosure?”

The monopolistic and exclusionary cartel of the Halal certification bodies surely falls within the ambit of the Competition Commission of India, raising the question of whether regulatory intervention is overdue.

Some commentators argue for a more aggressive approach. In a scathing critique, journalist Utpal Kumar proposed a complete government takeover of Halal certification.

He suggested, “Even if one acknowledges the religious sensitivities of Muslims regarding Halal meat — necessitating a Muslim-only certification body — the government could still establish its own Halal certification authority for non-meat products, generating substantial revenue in the process.

"The government, which doesn’t mind extorting Hindu temples for money in the name of managing them while pursuing a laissez-faire approach with minority institutions, religious or otherwise, may find this idea quite appealing”

For non-meat food products, FSSAI already provides regulatory oversight, making additional Halal certification arguably redundant. Even for non-food items, some Halal certification representatives admit that such labelling serves little practical purpose.

The ongoing debate surrounding Halal certification — exemplified by the Yogi government's recent policy actions and subsequent legal challenges — extends far beyond dietary preferences. It encapsulates deeper socio-economic and regulatory concerns. Whether through direct government intervention, market-driven solutions, or stricter compliance frameworks, one fundamental question remains: How much Halal is too much?