A Supreme Court bench, comprising judges K S Radhakrishnan and A K Sikri, urged the Food Safety and Standards Authority of India (FSSAI) to gear up their resources with their counterparts in all the states and Union Territories and periodically inspect and monitor major fruit and vegetable markets.
The apex court stated that the right to life and human dignity – which encompass the enjoyment of life and its attainment – in turn encompassed the right to have food articles and beverages which are free from such harmful residues as pesticides and insecticides.
Judgment
The judgment, the bench said the enjoyment of life and its attainment, which includes the right to life and human dignity, encompassed within its ambit the availability of articles of food without insecticide or pesticide residues, veterinary drug residues, antibiotic residues and solvent residues.
“We may emphasise that any food article which is hazardous or injurious to public health is a potential danger to the fundamental right to life guaranteed under Article 21 of the Constitution of India,” it stated.
“A paramount duty is cast upon the states and Union Territories and their authorities to achieve an appropriate level of protection to human life and health,” the judgment – which is 26 pages long – stated.
Soft drinks
The bench disposed of the public interest litigation (PIL) seeking to set up an independent technical panel to evaluate the harmful effects of soft drinks on the health of humans in general, and children in particular.
“The Food Safety and Standards Act (FSSA), 2006 – which replaced the Prevention of Food Adulteration (PFA) Act, 1954 – and its rules and regulations (FSSR, 2011), are sufficient to deal with the grievances,” it stated.
“In our view, by and large, the various grievances raised by the petitioner are seen covered by the above-mentioned legislations, but the question is only with regard to their enforcement by the authorities functioning under these legislations,” it said.
The court, in its verdict, also referred to various regulatory provisions of the Food Security and Standards Act, and added that they must be interpreted and applied in the light of the Constitutional Principles to achieve an appropriate level of protection of human life and health.
It said that the manufacture and sale of carbonated soft drinks was regulated by the Food Security and Standards Act, and added that the same has already been constituted, and gives very wide powers to the central and state governments to deal with all matters pertaining to food.items.
“It also has the power to advise the Centre and states on all food-related matters and to carry out other functions assigned to it under the FSSA. Adequate provisions are also in place under the Act with the rules and regulations made on that behalf to deal with misleading advertisements,” the court said.
It added that the responsibility had been cast upon the authorities to maintain a system, and undertake other activities as appropriate to the circumstances, including public communication on food safety and risk, food safety surveillance and other monitoring activities covering all stages of food business.
The court noted that many food articles – including rice, vegetables, meat, fish, milk and fruit – contain insecticide or pesticide residues beyond tolerable limits, and the fruit-based soft drinks available at fruit stalls contain such pesticide residues in alarming proportions, but their contents are not examined.
“Children and infants, in particular, are susceptible to the ill-effects of pesticides because of their physiological immaturity, coupled with a greater exposure to soft drinks, fruit-based or otherwise,” it said.
The Centre for Public Interest Litigation (CPIL) had, in its petition filed several years ago, also sought directions to cola firms to disclose their contents on the label of their bottles and to regulate misleading advertisements targeting children.
The apex court stated that the right to life and human dignity – which encompass the enjoyment of life and its attainment – in turn encompassed the right to have food articles and beverages which are free from such harmful residues as pesticides and insecticides.
Judgment
The judgment, the bench said the enjoyment of life and its attainment, which includes the right to life and human dignity, encompassed within its ambit the availability of articles of food without insecticide or pesticide residues, veterinary drug residues, antibiotic residues and solvent residues.
“We may emphasise that any food article which is hazardous or injurious to public health is a potential danger to the fundamental right to life guaranteed under Article 21 of the Constitution of India,” it stated.
“A paramount duty is cast upon the states and Union Territories and their authorities to achieve an appropriate level of protection to human life and health,” the judgment – which is 26 pages long – stated.
Soft drinks
The bench disposed of the public interest litigation (PIL) seeking to set up an independent technical panel to evaluate the harmful effects of soft drinks on the health of humans in general, and children in particular.
“The Food Safety and Standards Act (FSSA), 2006 – which replaced the Prevention of Food Adulteration (PFA) Act, 1954 – and its rules and regulations (FSSR, 2011), are sufficient to deal with the grievances,” it stated.
“In our view, by and large, the various grievances raised by the petitioner are seen covered by the above-mentioned legislations, but the question is only with regard to their enforcement by the authorities functioning under these legislations,” it said.
The court, in its verdict, also referred to various regulatory provisions of the Food Security and Standards Act, and added that they must be interpreted and applied in the light of the Constitutional Principles to achieve an appropriate level of protection of human life and health.
It said that the manufacture and sale of carbonated soft drinks was regulated by the Food Security and Standards Act, and added that the same has already been constituted, and gives very wide powers to the central and state governments to deal with all matters pertaining to food.items.
“It also has the power to advise the Centre and states on all food-related matters and to carry out other functions assigned to it under the FSSA. Adequate provisions are also in place under the Act with the rules and regulations made on that behalf to deal with misleading advertisements,” the court said.
It added that the responsibility had been cast upon the authorities to maintain a system, and undertake other activities as appropriate to the circumstances, including public communication on food safety and risk, food safety surveillance and other monitoring activities covering all stages of food business.
The court noted that many food articles – including rice, vegetables, meat, fish, milk and fruit – contain insecticide or pesticide residues beyond tolerable limits, and the fruit-based soft drinks available at fruit stalls contain such pesticide residues in alarming proportions, but their contents are not examined.
“Children and infants, in particular, are susceptible to the ill-effects of pesticides because of their physiological immaturity, coupled with a greater exposure to soft drinks, fruit-based or otherwise,” it said.
The Centre for Public Interest Litigation (CPIL) had, in its petition filed several years ago, also sought directions to cola firms to disclose their contents on the label of their bottles and to regulate misleading advertisements targeting children.
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