"Food Adulteration Poses A Serious Threat To Public Health": Rajasthan HC Takes Suo Moto Action; Issues Directions

In a move to address the problem of food adulteration, the Rajasthan High Court has taken suo motu cognizance and issued a series of directives to both the State and Central governments.

"Taking serious note of the situation, a suo-moto cognizance is taken to find out the solutions for good health of all the living beings. Let this petition be registered as : SUO MOTO : IN RE : “Public Health – Protect the Present and Safeguard the Future from Food Adulteration versus Union of India through Ministry of Home Affairs, New Delhi & Others," the Court said. 

The Bench of Justice Anoop Kumar Dhand  highlighting critical deficiencies in the implementation of the Food Safety and Standards Act, 2006, and emphasizing the need for robust measures to safeguard public health.

The Court's proactive stance stemmed from concerns over the inadequacy of food testing laboratories and the under-staffing of food authorities, which have failed to keep pace with the burgeoning food manufacturing and processing industries. It underscored the gravity of the situation, noting that the existing legal framework, while well-intentioned, suffers from significant loopholes, particularly in its coverage of unorganized sectors and primary food producers. 

"The laws are descriptive and the implementation of the legislation is still at its beginning stage and the problem lie in its poor implementation. The Center and the State Government are expected to take this issue of food adulteration in a serious way to save the lives of all humans and living beings, who are suffering from the serious and life threatening diseases, caused by adulterated unsafe food," the Court said. 

"Food adulteration poses a serious threat to public health, leading to various diseases and organ failures," remarked the Court, invoking constitutional protections under Article 21 and Article 47 of the Indian Constitution. These protections guarantee citizens the right to safe and wholesome food and impose a duty on the state to ensure public welfare.

The Court highlighted the ongoing legislative efforts, such as the Food Safety and Standards (Amendment) Bill, 2020, initiated by the Ministry of Health and Family Welfare, aimed at addressing some of these deficiencies. However, it expressed dismay over the lack of progress in enacting these reforms, which are crucial for combating the rampant issue of food adulteration.

"There are lack of food testing labs to scrutinize the food manufacturing and processing industries which ensures the hygiene quality, safety in the food. The food authority is understaffed and underfunded and is not able to pace up with the increasing number of food industries. Due to lack of proper technology, at the ground level, the food authorities are not competent to monitor the situation. There are doubts about the standard procedures followed by the various laboratories in different States of the Country while scrutinizing the products," it said. 

To tackle the immediate challenges, the Court issued a comprehensive set of interim directions to the authorities:

1. Enhanced Implementation of the Food Safety and Standards Act, 2006: Directing both the Central and State governments to take proactive steps to enforce the provisions of the Act effectively.

2. Identification of High-Risk Areas: The State Food Safety Authorities (SFSA) were mandated to identify areas prone to food adulteration and conduct regular sampling to monitor the quality of food articles.

3. Establishment of Well-Equipped Testing Labs: Ensuring that testing laboratories are adequately equipped with technical personnel to handle food testing procedures effectively.

4. Regular Sampling and Testing: Emphasizing the need for regular sampling of food products at state, district, urban, and rural levels to ensure compliance with safety standards.

5. Constitution of Review Committees: Forming State and District Level Committees headed by senior officials to oversee and review the efforts in curbing food adulteration.

6. Creation of Awareness: Launching comprehensive awareness campaigns through various media channels to educate the public about the health risks associated with food adulteration.

7. Compliance Monitoring: Setting up a robust complaint mechanism to monitor compliance and address any unethical practices by food authorities and officers.

8. Implementation of Government Schemes: Urging the authorities to implement schemes like "Sudh ke Liye Yudh" effectively to combat food adulteration.

Furthermore, the Court directed the authorities to submit monthly compliance reports detailing the sampling activities and steps taken to curb food adulteration. The matter is scheduled for further hearing on July 30, with the Court seeking the assistance of senior advocates from Jaipur and Jodhpur to provide expert guidance.

The Court said, "All the Senior Advocates at Jaipur including Mr.N.K.Maloo, Mr.Madhav Mitra, Mr.Sanjay Jhanwar, Miss Gayatari Rathore and the Senior Advocates at Jodhpur including Mr.M.S.Singhvi, Mr.Ravi Bhansali, Dr.Sachin Acharya & Dr.Vikas Balia, the Chairman/Vice Chairman of the Bar Council and the Presidents of the Bar Associations and Advocates’ Association at Jaipur and Jodhpur are requested to assist this Court for taking appropriate steps and issuing suitable directions for this pious public cause. V.C. link be sent to the Advocates of Jodhpur whenever this matter is listed for hearing. Members of the Bar are also welcome to give their valuable suggestions by submitting written submissions."

"The Advocate General Mr.Rajendra Prasad, Mr.Bharat Vyas, Additional Advocate General and the Additional Solicitor General Mr.R.D.Rastogi are also requested to assist this Court on behalf of the State and Central Government respectively. The Registry is directed to immediately register this matter as a Suo-Moto Public Interest Litigation, in the name and style mentioned above," the Court added. 

Additionally, the Court ordered, "Issue notice to the respondents. A copy of this order along with annexures be supplied today itself in the office of the Advocate General and the Additional Solicitor General, for necessary compliance. Similarly, a copy of this order be sent in the office of all the respective Senior Advocates, named above on their email address and WhatsApp mobile number."

Cause Title: In Re: Public Health- Protect the Present and Safeguard the Future from Food Adulteration v. Union of India & Others 

Click here to read/download the Order