Rajasthan High Court: While taking a suo-moto cognizance in ‘In re: Public Health — Protect the Present and Safeguard the Future from Food Adulteration’ to find out the solutions for good health of all the living beings, a single-judge bench of Anoop Kumar Dhand, J., emphasised on the need for stringent implementation of food safety regulations and increased public awareness to combat food adulteration and protect health. The Court issued interim measures to strengthen regulatory frameworks, enhance testing infrastructure, and involve public participation in safeguarding food quality.
The Court asserted that the key issue is food adulteration, which poses significant public health risks. The Court noted that food adulteration is a global public health issue causing numerous health problems such as nutrition deficiency diseases, kidney disorders, and life-threatening conditions like cancer. Food adulteration affects various consumables, including vegetables, fruits, milk products, cereals, pulses, and agricultural products, leading to severe health issues and diseases.
The Court stated that the reports from National Health Services and Food Research Institute indicate widespread adulteration to increase profit by adding cheap and inferior substances. The Court noted that the statistics reveals that over 20% of food in India is adulterated or substandard, with nearly 70% of milk containing adulterants like water and even detergents. Common adulteration methods include adding chemicals for faster ripening, mixing decomposed produce, using dyes, and adding harmful substances like lead and mercury.
“Under Article of the , the Fundamental Right to Life includes safe and healthy life. People are protected under Article of the against the hazardous and injurious food articles and under Article of the , it is the duty of the welfare State to ensure such rights the citizens are protected.”
The Court asserted that under Article of the , the right to life includes the right to safe and healthy food and Article 47 mandates the State to protect citizens from hazardous food. The Court noted that the (FSSA) regulates food safety and assigns responsibilities to Food Authorities. The Court criticised the FSSA for not addressing all issues, especially in unorganized sectors, and for lack of sufficient food testing laboratories and enforcement capabilities.
“The adulteration of food is a subject in the concurrent list of the by which both Central Government and State Governments are quite competent to frame and enact penal laws for prevention of food adulteration.”
The Court noted that the Rajasthan government has taken initiative by starting “Sudh Ke Liye Yudh Abhiyan” campaign which offers rewards for information on food adulteration and involves various committees for implementation. The Court further noted that the Central Government has proposed the Food Safety and Standard (Amendment) Bill, 2020, which is pending for legislative action.
The Court noted that the issue of food adulteration requires consideration and appropriate directions, which would be issued to the Central as well as the State Government at a later stage. By way of interim measure, the Court issued interim directions to the respondents, i.e., Union of India through Ministry of Home Affairs, Ministry of Health and Family Welfare, National Centre for Disease Control, Directorate of Health Sciences, Food Safety and Standard Authority of India, Department of Agriculture, National Health Services and Food Research Institute, Department of Food and Civil Supplies, State of Rajasthan through Chief Secretary, Government Secretariat, Additional Chief Secretary — Department of Home, Additional Chief Secretary — Department of Food Safety and Additional Chief Secretary, Department of Medical, Health & Family Welfare, as follows —
The Central and State Governments should implement the FSSA more effectively
The State Food Safety Authority (SFSA) should identify high-risk areas and times for food adulteration and regularly collect samples.
The SFSA must ensure that test labs are well-equipped and staffed.
Regular sampling of food products by the SFSA and District Authorities.
Periodic snapshot summary tests at various administrative levels.
Constitute State and District Level Committees to review anti-adulteration measures.
Effective implementation of the “Sudh Ke Liye Yudh” campaign.
Establish a public awareness website with contact details and complaint mechanisms for food safety authorities.
Publicize the health risks of food adulteration through various media and educational initiatives.
Submit monthly compliance reports on sampling and steps taken to curb food adulteration.
The Court sought assistance from senior advocates, the Advocate General, the Additional Advocate General, and the Additional Solicitor General for further directions. The Court issued notices to the respondents and relevant authorities for compliance and listed the matter before the appropriate Division Bench for a hearing on 30-07-2024.
[Public Health — Protect the Present and Safeguard the Future from Food Adulteration, In re, order dated 01-07-2024]
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