The Delhi High Court on Tuesday dismissed a plea filed by restaurant owners' associations against a Central advisory committee set up to look into the issue of sale of junk food in and around schools in the capital.
The committee was constituted on the order of the High Court, to assist the government in finalising guidelines to control junk food consumption and unhealthy eating habits among children.
The restaurants' associations had challenged the order stating that such a committee violated the provisions of the Food Safety and Standards Act, 2006.
Dismissing the plea, the court of Chief Justice N V Ramana and Justice Pradeep Nandrajog in its order said the purpose of the committee was to look at the dietary habits of children and it was not concerned with the standards of food preparation or food safety, which come under the FSS Act.
The committee was constituted on the order of the High Court, to assist the government in finalising guidelines to control junk food consumption and unhealthy eating habits among children.
The restaurants' associations had challenged the order stating that such a committee violated the provisions of the Food Safety and Standards Act, 2006.
Dismissing the plea, the court of Chief Justice N V Ramana and Justice Pradeep Nandrajog in its order said the purpose of the committee was to look at the dietary habits of children and it was not concerned with the standards of food preparation or food safety, which come under the FSS Act.
The court issued had orders to create the committee after the government had submitted draft guidelines on junk food as directed by the court in a PIL filed in 2010 by the NGO Uday Foundation. The NGO had filed the PIL seeking creation of a policy to regulate sale of junk food in and around schools.
"Concern in the writ petition is not with hazardous food or with a standard of food safety envisaged by the Act. The concern is with a dietary habit and promotion of what is popularly known as junk food amongst schoolchildren and, thus, it would be wrong on the part of the applicants to state that the committee constituted under Section 11 — the Central Advisory Committee — cannot be directed to render an opinion. Any committee could have been directed by us to render an opinion," the bench said.
The restaurants' owners' associations had also raised the objection that the court had overstepped its authority by creating a separate "category" of 'junk food' which was not prescribed anywhere in the FSS Act.
"Our decision does not carve out any exception to the definition of food under the Act. It only makes a reference to a specie food. Thus, if food is a genus, junk food would be specie thereof," the court clarified.
The Central government had submitted draft guidelines on sale of junk food before the High Court last month, following which the court had directed the government to create a central advisory committee to consult experts in public health, especially health of the children, the adolescent and the youth. The court has been monitoring the issue since 2010.
"Concern in the writ petition is not with hazardous food or with a standard of food safety envisaged by the Act. The concern is with a dietary habit and promotion of what is popularly known as junk food amongst schoolchildren and, thus, it would be wrong on the part of the applicants to state that the committee constituted under Section 11 — the Central Advisory Committee — cannot be directed to render an opinion. Any committee could have been directed by us to render an opinion," the bench said.
The restaurants' owners' associations had also raised the objection that the court had overstepped its authority by creating a separate "category" of 'junk food' which was not prescribed anywhere in the FSS Act.
"Our decision does not carve out any exception to the definition of food under the Act. It only makes a reference to a specie food. Thus, if food is a genus, junk food would be specie thereof," the court clarified.
The Central government had submitted draft guidelines on sale of junk food before the High Court last month, following which the court had directed the government to create a central advisory committee to consult experts in public health, especially health of the children, the adolescent and the youth. The court has been monitoring the issue since 2010.
It is found that mostly the food poisoning cases happen in schools, colleges, and marriage ceremonies. It is because there bulk of food is prepared so people don't mind about the hygiene.
ReplyDeleteRegards,
Arnold Brame