Protection Against Hazardous Food Part Of Right To Life: Rajasthan High Court Takes Suo Moto Cognizance Of Rampant Food Adulteration

The Rajasthan High Court has taken suo moto cognizance of the rampant increase in food adulteration incidents, stating that protection against hazardous and injurious food articles is a facet of fundamental right to life under Article 21 of the Constitution.

Food is essential for sustenance of life but today, entire world is too busy with other commitments to invest time in finding out whether the everyday food is for consumption safe or not, observed a bench of Justice Anoop Kumar Dhand.

It highlighted that according to a survey conducted by the Food Safety and Standard Authority of India, even detergent was found to be one of the adulterants. As per Union Health Ministry, 20% food in the country is adulterated or substandard, it added.

Notice has thus been issued to Ministry of Home Affairs, Union Health Ministry, FSSAI, National Health Services and Food Research Institute and other concerned offices.

Court lamented that various loopholes in the Food Safety and Standard Act 2006 and yet, the Food Safety and Standard (Amendment) Bill, 2020 has been lying in cold storage.

"Fundamental Right to Life includes safe and healthy life. People are protected under Article 21 of the Constitution of India against the hazardous and injurious food articles and under Article 47 of the Constitution of India, it is the duty of the welfare State to ensure such rights the citizens are protected. The adulteration of food is a subject in the concurrent list of the Constitution of India by which both Central Government and State Governments are quite competent to frame and enact penal laws for prevention of food adulteration," it said.

The matter is directed to be listed before roster bench. In the interregnum, Court has issued following directives:

• Constitution of a state level committee headed by the Chief Secretary to review the work done towards curbing adulteration.
• State Food Safety Authority (“SFSA”) to identify risk areas that are at high chances of adulteration and conduct regular sampling.
  

• SFSA to ensure that the test labs are well equipped with technological and human resources.

• Central and State Government to set-up a website for creating awareness about the complaint mechanism and responsibilities of the food safety authorities. The website should have contact details of food safety officers and a toll-free number as well.
• Central and State Government to put a check on compliance and unethical practices used by Food Authorities and their officers.
• State Government to circulate messages through various mediums about ill effects of adulteration and to educate children through workshops in schools for determining adulterated components in food.

Title: SUO MOTO: IN RE : “Public Health – Protect the Present and Safeguard the Future from Food Adulteration”

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