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Garlic, while commonly used as a spice, is botanically classified as a vegetable. It's a member of the vegetable family that includes onions, leeks, and shallots. However, due to its strong flavor and the way it's often used in cooking, garlic is frequently treated as a spice in culinary contexts.
The Indore bench of the Madhya Pradesh High Court's ruling to classify garlic as a vegetable allows it to be sold in both vegetable and spice markets. This decision benefits farmers and sellers by providing them with more market options for selling garlic. The bench restored the February 2017 order of a single-bench of the High Court.
The Madhya Pradesh market board in 2015 had passed a resolution and elevated the bulb to the vegetable rack. However, soon after, the agriculture department scrapped that order and relegated the bulb to spice status, pointing to the Agricultural Produce Market Committee Act of 1972, according to a report published in the Hindustan Times.
The court has now upheld the 2017 order, ruling that garlic is a vegetable since it's a perishable item.
The Potato Onion Garlic Commission Agent Association initially challenged the principal secretary's order in 2016 by moving the Indore bench of the Madhya Pradesh High Court. In February 2017, a single-judge bench ruled in favor of the association, classifying garlic as a vegetable. However, this decision was met with criticism from businessmen who argued that the ruling primarily benefited commission agents rather than farmers.
In response, petitioner Mukesh Somani filed a review petition in July 2017, bringing the case before a two-judge bench of the high court. In January 2024, this bench overturned the previous ruling, reclassifying garlic as a spice. The court reasoned that the initial decision would have mainly advantaged traders, not the farmers who grow garlic.
Garlic traders and commission agents sought a review of that order in March this year. The bench restored the February 2017 order, allowing the managing director of the Market Board to make changes to market rules, as was originally done in 2015.
“In fact, the market is established in the interest of the agriculturist and sellers so that they may get better price for their produce, therefore, any by-laws which are framed or amended would be deemed to have in the interest of farmers,” the HT report cited the court's order.
“In the present case, it is established from the return of the Krishi Upaj Mandi that agriculturists represented that the garlic be permitted to be sold through agents as (vegetable) and the State Govt has recommended it as a spice,” it further added.
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