Junk food curbed, not banned in schools

NEW DELHI: Availability of food items high in fat, sugar and salt such as noodles, pizzas, burgers and carbonated drinks is set to be restricted within 50 metres of schools across the country. 

Refusing to ban such foods in schools, Delhi high court on Tuesday gave its nod to guidelines prescribed by Food Safety & Standards Authority (FSSAI) of India that identify certain category of food and drinks as harmful for children advocating these be "regulated/restricted". 

But, neither the high court bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw nor the FSSAI agreed to the plea of petitioner Uday Foundation to include the term "junk food" in the guidelines and ban these explicitly. The court said according to Food Adulteration Act, there is no such provision. 

The guidelines were fra- med by a court-appointed expert committee under aegis of FSSAI on the subject of "making available quality and safe food in schools". The panel identified foods high in fat, sugar and salt that must be limited by schools in canteens. 

It said schools must promote nutrition awareness and encourage food items including sandwiches, fruit salads, paneer, vegetable cutlets, upma, idli, uthapam, khandvi, poha, low fat milkshakes, etc. 

While approving the guidelines the court gave Centre and FSSAI three months' time to convert these into law and start enforcing it. The court also focused on Delhi schools and directed the state government to frame fresh rules on the basis of the FSSAI norms so that schools can ignore these at their own peril. It has empowered students, parents and teachers to lodge a complaint with the government if they find unrestricted sale of harmful food in their canteens. 

"A direction from the administrator, Delhi, may also serve the purpose of violation of such guidelines being actionable under Delhi School Education Act. We direct the administrator, Delhi to issue directions, on or before April 30, 2015, for compliance by schools with the guidelines and from time to time exercise supervisory powers over the schools," the court said. 

Declining the plea of Uday Foundation to insert additional directions in the guidelines prepared by the panel, the high court said, "When an expert body constituted for framing guidelines to make available quality and safe food in schools has framed them, we do not consider it appropriate to tinker with them." 

The PIL by Uday Foundation through its founder Rahul Verma had sought an immediate ban on junk food and carbonated drinks in all unaided and private schools. It further urged the court to initiate measures to discourage availability of fast food within 500 yards of schools in Delhi, apart from a canteen policy. 

After preliminary hearings the HC had set up a panel to examine dietary habits of schoolchildren on the question of banning sale of junk food in and around educational institutions. 

The panel examined harmful effects of junk food and recommended guidelines. It included environmentalist Sunita Narain, nutritionists, doctors, scientists and representatives of the food industry, the latter included after their association approached the court arguing their stand must also be accommodated.