'Every Person Has Right To Know': Delhi HC Issues Notice On Plea Seeking Guidelines For Mandatory Product Labelling Based On Ingredients

Observing that every person has a 'right to know', the Delhi High Court on Thursday issued notice on a plea seeking directions to formulate guidelines to strictly implement the existing Rules mandating food manufacturers to label their products according to the nature of the ingredients used therein. 

Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with a plea filed by an association namely Ram Gaua Raksha Dal moved through Advocate Rajat Aneja.

The plea also sought an examination of the possibility of making labeling all consumable items not only on the basis of their ingredients but also on the basis of the items used during the manufacturing processes.

"There can be no denying the fact that every person has the right to know, which springs from the right to freedom of speech under Article 19(1)(a) of the Constitution," the Court said.

It added:

"The issues raised herein have a bearing on right to life preserved under Article 21 in as much as person is entitled to profess and follow his beliefs, which is also protected under Article 25 of Constitution."

The Court sought response of the Ministry of Consumer Affairs, Ministry of Food Processing Industries, Food Safety and Standards Authority Of India and Central Drug Standard Control Organization.

It is the case of the petitioner that not only is the strict enforcement of existing Rules and policies necessary for labelling products as Green, Red and Brown, based on the nature of it's ingredients, but it is also mandatory for the manufacturers of food products, cosmetics, perfumes, home appliances, apparel and accessories to label all such products in a similar way so that customers are aware if such products are manufactured by using, components or parts derived from the body of an animal.

The petitioner association also sought setting up of an expert committee to examine the feasibility of labelling all food items as vegetarian and non vegetarian. 

During the course of hearing, the Court was informed that the petitioner association comprised of persons following the 'Namdhaari sect' who profess strict vegetarianism.

Accordingly, it was submitted that they are entitled to know as to which products available in the market can be used for consumption by those professing strict vegetarianism and that a lot of the products including eatables are either having non vegetarian ingredients or are processed in such a way that they cannot be described as strictly vegetarian.

Notably, under Regulation 2.2.2 (4) of the Food Safety and Standards (Packaging and Labehng) Regulations, 2011, the Food Business Operators are mandated to make a declaration regarding 'Veg' or 'Non- veg' nature of their products by displaying the Green and Brown coloured logo.

The petitioner cited various examples including the manufacture of white sugar for which bone char or natural carbon is used for the purpose of decolorization, refining or whitening of sugar.

It was also submitted that the consumers have a right to know so that they can make informed choices of products.

"We therefore direct the respondents to seriously examine the issues raised by the petitioner and to respond to the petition positively within three weeks," the Court directed while listing the matter on December 9.

ASG Chetan Sharma appearing for the Centre supported the grievances raised in the petition and submitted that the issue required immediate and informed redress.

"A copy of this order should also be communicated to the concerned secretary of the Government of India including the Ministry of Health and Ministry of Consumer Affairs," the Court added.

The plea stated that the absence of any indication or labeling with respect to the nature of contents of the products and the consequent accidental usage thereof by customers, infringes upon the Fundamental Right to their protection of Life and Personal Liberty.

The plea also adds that there is a rising consciousness to avoid using products and commodities that have taken their final shape by exploiting an animal.

"It is not only limited to a handful of people branding themselves as environment or animal lovers that are choosing to avoid using products and commodities that exploit animals to satisfy the human greed for luxury and beauty, but also every other person who believes that animals are not property or objects owned by humans to abuse. Rather, they (animals) are living, breathing creatures capable of suffering, both physically as well as mentally, and are not to be viewed as a utilitarian object existing only to fulfil human desires," the plea adds.

Case Title: Ram Gaua Raksha Dal v. UOI