'Malhar vs Halal’: The Legal Battle Over Meat Choice

New Delhi: The Malhar Certification is a fresh initiative in Maharashtra to propagate Jhatka-slaughtered meat, which is made in a way that it will not contradict Hindu tradition and will only be sold by Hindu vendors.

A New Meat War? The Rise of Malhar Certification

Maharashtra's Fisheries and Port Development Minister Nitesh Rane launched this certification to give the consumers a definitive choice between Halal and non- Halal meat. Since Halal has been the monopoly in the Indian meat market for so long, Malhar Certification provides a parallel system addressing religious and cultural tastes of a considerable segment of society.

Malhar Certification is not just about food standards—it is about a wider shift towards economic independence for Hindu butchers, who have long been overshadowed by the Halal- dominated meat industry. It is also about greater transparency in meat sales, reversing complaints that Halal meat is sold without proper labeling, with consumers having few alternatives to choose from.

Though critics feel that this certificate would induce religious separation, proponents think it is a matter of equal competition and consumer rights. Just as Muslims get Halal certification for their dietary requirements, Malhar Certification would give strength to those who prefer Jhatka meat, promoting an equal platform in the market. As Maharashtra has an experience with meat laws, this certificate may introduce more transparency, option, and balance in the sector.

A Response to Halal?

For decades, the Halal certification has been the prevailing norm among the Indian meat industry, which is managed by Islamic religious organizations like the Jamiat Ulama-i-Hind Halal Trust, the Halal India Authority, and the Jamiat Ulema-e-Maharashtra.

These institutions regulate the process of certification to ensure that the meat is slaughtered as per Islamic food laws, including slow bleeding of the animal while a prayer is being recited. One of the major arguments brought against Halal certification is that it has led to an economic monopoly in which most big suppliers and restaurants unknowingly sell only Halal meat, with no obvious alternative for consumers who desire non-Halal meat.

Malhar Certification rebuts this by bringing in a clear and visible labeling system for consumers who wish to consume Jhatka meat, slaughtered in the Hindu tradition.

Also Read: Supreme Court Issues Notice to Uttar Pradesh Govt Over Ban on 'Halal' Certified Products

A major difference between Halal and Jhatka meat is the killing process. Halal killing involves cutting the throat of the animal so that it bleeds slowly to death. This takes a few minutes, inflicting extreme pain on the animal. The Hindu and Sikh way of killing is to try to avoid pain as much as possible, which is why Jhatka killing is done by a single cut, resulting in immediate death.

This process is considered more humane because it avoids unnecessary suffering and is consistent with Hindu philosophy regarding ahimsa (non-violence) and karma.

The other issue usually brought up in the context of Halal certification is one of hygiene and contamination. Cases have been reported of food being intentionally contaminated, such as vendors reportedly spitting into food during preparation. While they may not symbolize a complete community, incidents of this kind have increased pressure on the need for stricter standards in food. Malhar Certification answers these complaints by maintaining rigid hygiene standards, such as clean, saliva-free meat that has not been compounded with other meat from animals.

With Malhar Certification, customers can be confident that the meat they buy is not only religiously acceptable but also hygienically treated and openly labeled. In a market where Halal has been the norm for so long, Malhar offers a wholesome and much-needed option for those who prefer Jhatka meat without confusion or compromise.

Beef Politics: Allegations, Accusations, and Realities

The Indian meat sector has been embroiled in religious and political controversies for years, with repeated cases unveiling illegal beef smuggling operations. Most of these have uncovered an organized attempt to desecrate Hindu religious sentiments by clandestinely bringing beef into markets where its sale is banned. Maharashtra, a state that prohibits beef consumption in strong laws, has seen many cases of beef smuggling, which is usually carried out by vendors who go out of their way to hide the source of the meat they sell.

These have culminated in law enforcement agencies conducting regular raids, with government agencies seizing huge amounts of illegally obtained beef.

Though Malhar Certification is largely geared towards marketing Jhatka meat, some people feel it will further exclude Muslim vendors, who traditionally controlled the meat trade. But others believe that the initiative is not a matter of exclusion but an attempt to give Hindu consumers their rightful choice. Just as Muslim consumers have always had the choice to buy Halal-certified meat, Hindus too should be equally able to consume meat processed under their own religious tradition.

In addition, Malhar Certification guarantees meat to be hygienically and ethically prepared, responding to increasing demands for food purity and religious dietary respect. In contrast to Halal slaughter, where slow bleeding and religious chanting are involved, Jhatka slaughter is consistent with Hindu practices that prioritize minimal pain and instant death, thus ensuring a more humane method of meat consumption.

As Maharashtra’s political landscape continues to evolve, Malhar Certification stands as a crucial step toward restoring balance in the meat industry. It provides consumers with a transparent choice while ensuring that religious beliefs are honoured. The challenge, however, lies in ensuring that Malhar Certification remains a consumer-driven initiative, rather than being misrepresented as a tool for division.

Legal Crossroads: The Battle Over Meat Certification

Malhar Certification has triggered a legal and constitutional controversy, specifically regarding freedom of trade, equality before the law, and consumer rights. Although Halal certification has been traditionally accepted and legally established, the advent of an alternative certification targeting only Hindu consumers is raising issues of whether it unduly inhibits the rights of Muslim meat sellers or merely provides a fair level playing field. Freedom of Trade (Article 19(1)(g)

The freedom to pursue any trade or profession, as provided under Article 19(1)(g) of the Indian Constitution, guarantees that individuals, including Muslim butchers, cannot be arbitrarily denied the right to engage in the meat business. Critics contend that because Malhar Certification limits its certification to Hindu Khatik vendors, it indirectly curtails the economic prospects of Muslim meat vendors. But supporters of Malhar Certification argue that it does not prevent anyone from selling meat; it just prevents any ambiguity for the consumers willing to purchase Jhatka meat.

In Mohd. Hanif Quareshi v. State of Bihar (1958), the Supreme Court upheld state-mandated prohibitions on cow slaughter, holding that such bans were reasonable under Article 48, which obliges the state to take measures to maintain and improve cattle breeds.

This case set the precedent that laws on the meat trade in the name of religious or cultural beliefs are not unconstitutional. Extending this, Malhar Certification, which is in accordance with Hindu religious practices, can be considered a legal initiative to ensure compliance with some dietary and ethical beliefs.

Right to Equality (Article 14)

Article 14 of the Constitution provides the guarantee of equality before the law, that no group or person shall be subject to unjust restrictions or privileges. Halal certification is legal and popular, and thus why is Malhar Certification not acceptable? If religious institutions and private parties are allowed to certify meat as Halal, then following the same rationale, Jhatka meat certification must be just as acceptable.

In Hinsa Virodhak Sangh v. Mirzapur Moti Kuresh Jamat (2008), the Supreme Court held that the ban on animal slaughter during religious festivals was legally permissible, acknowledging the role of the state in catering to religious sentiments. Likewise, Malhar Certification, which advocates a religiously acceptable process of meat preparation for Hindus, can be justified as an exercise of religious and cultural rights and not as discrimination.

Consumers, under the Consumer Protection Act, 2019, have a right to make informed decisions about the items they buy. The prevalence of Halal-certified meat across all supermarkets, restaurants, and hotels has regularly deprived Hindu and Sikh consumers of an apparent substitute. If Muslim consumers have a right to request Halal-certified meat due to religious beliefs, Hindu consumers should also enjoy the same right to request Jhatka- certified meat.

In S. Mahendran v. The Secretary, Travancore Devaswom Board (1993), the Kerala High Court ruled that religious practices and beliefs should be respected, as long as they do not infringe on fundamental rights. This ruling fortifies the case that Malhar Certification is not a move to discriminate but to preserve religious and cultural choice, so that Hindu consumers are afforded the same right to religiously acceptable meat as Halal consumers.

Maharashtra’s Meat Divide: Religion, Regulation, and Power Maharashtra has been at the center of controversies on meat regulation, particularly due to its long-standing beef ban through the Maharashtra Animal Preservation Act, 1976. The state has had strong laws against cow slaughter throughout its history, supporting the cultural and religious feelings of the Hindu majority. Malhar Certification, in this regard, seems not only as a food-labeling initiative but also a reflection of the socio-political shift in the governance of Maharashtra.

Malhar Certification emerges at the same moment when policies advancing Hindu cultural and economic interests have gained popularity in Maharashtra. As there is more emphasis on economic nationalism and self-sufficiency, Malhar identifies itself with more of an initiative for indigenous trade frameworks focusing on Hindu traditions and sellers. Just as Halal certification has allowed a specific religious community to manage its meat tradition, Malhar provides an alternative that is in accordance with Hindu tradition, thus allowing consumers to make informed choices based on their heritage.

Moreover, the political leadership of Maharashtra has historically been at the forefront of imposing laws safeguarding Hindu religious sentiments—ranging from beef bans to restrictions on religious conversions. Malhar Certification is an outgrowth of this ideological school of thought, presenting a codified system for furthering the Hindu meat trade on lines that mirror the existing Halal system.

The wider Hindutva movement has long advocated economic independence rooted in religious and cultural identity. Malhar Certification is not merely about mea—it's a marker of Hindu economic empowerment, ensuring Hindu practices are not excluded in an industry where Halal certification has dominated for decades. By restricting Malhar Certification to Hindu Khatik vendors, the project is designed to provide economic gains to the community, and preventing market dominance by one religious group.

In addition, the establishment of Malhar Certification is also a reflection of the growing viewpoint that Hindu consumers should have access to controlling their food choices independently without being compelled to adopt a Halal-based market system. While Swadeshi campaigns led Indians to market domestic industries, Malhar is trying to transition to autonomous Hindu economic systems in order to reconcile Hindu consumers and sellers to not be dependent on outside religious organizations for meat certification.

While others may claim that Malhar Certification is politically driven, its proponents assert that it is merely a necessary adjustment in a market that has long privileged one religious certification over another. In a plural and democratic society, the freedom to select one's food and to patronize one's community vendors is as much an economic right as it is a religious right. Malhar Certification thus becomes proof of Maharashtra's changing political and cultural scene in which economic decision-making is getting more and more entangled with religious identity.

If Halal is Legal, Why Not Malhar?

The constitutionality of Halal certification has never been challenged, even though it is religiously exclusive and has a monopoly in the meat sector. If Halal-certified entities are free to operate without any legal restraints, there is no constitutional basis why Malhar Certification must be discriminated against. Having both Halal and Malhar Certification does not violate trade liberties but instead adds variety to consumers, enabling individuals of various faiths to buy meat according to their religious and moral convictions.

Finally, the controversy about Malhar Certification is not how to exclude Muslim vendors but how to balance the marketplace. Just as Halal certification addresses the religious requirements of one community, Malhar Certification merely offers an option for those who prefer Jhatka meat—a right that must be legally enshrined under India's constitutional law.

The Future of Malhar: A Bold Step or a Legal Hurdle?

Malhar Certification is a step in the right direction for consumer choice and just competition within the Indian meat sector. For many years, Halal certification held sway, building a de facto economic monopoly with consumers wanting Jhatka meat having no discernible alternative. Malhar fills this vacuum by offering Hindu consumers a religiously acceptable option, as Halal does Muslim consumers.

Legal Basis and Consumer Rights

According to Article 19(1)(g) of the Indian Constitution, all persons have the right to carry on any profession or trade, which includes Hindu Khatik vendors certifying and selling meat according to their religious traditions. The Right to Equality (Article 14) does not exclude private certification agencies from functioning, provided they do not force or prevent others from conducting business.

As Halal certification has functioned legally without interference, there is no legal grounds to question Malhar Certification, which merely offers an alternative as opposed to prohibiting trade.

Role of the State and Requirement of Balanced Regulations Though some critics can claim that Malhar Certification can isolate some vendors, it must be understood that Halal itself is a personal religious certification that has not encountered legal constraints. The state must promote equal competition in religion-based meat certifications instead of letting one system control the market. One set of regulations on the meat certification process can guarantee transparency, avoid monopolization, and honor all religious sentiments.

Empowering Religious Liberty & Equitable Trade Malhar Certification does not mean exclusions but opportunity. Just like Muslim consumers must have the choice of demanding Halal meat, Hindu consumers are entitled to a choice of Jhatka meat—guaranteeing respect for their faith and ethical interest.

The reasons behind the objection to Malhar are decades of market conditioning for one religious certificate only. By marketing Malhar, the Hindu Khatik community is merely asserting its right to religious freedom and trade, as well as providing consumers with an informed option.With increasing demand for religious and ethical food choices, Malhar Certification is a valid and overdue addition to India's food market. Its success will hinge on awareness, equitable application, and consumer patronage, ensuring religious diversity in food choice is respected without prejudice.

Disclaimer: The opinions expressed in this article are solely those of the author and do not necessarily reflect  the views of LawStreet Journal.