Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Writ Petition Food Adulteration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | PUBLIC HEALTH:Food articles injurious to public health -- Held: Art. 21 of c the Constitution of India guarantees the right to live with dignity - Any food article which is hazardous or injurious to public health is a potential danger to fundamental right to life guaranteed under Art.21 - Children and infants are uniquely susceptible to the effects of pesticides because of their physiological immaturity and greater exposure to soft drinks, fruit based or otherwise - paramount duty is cast on the State and its authorities to achieve an appropriate level of protection to human life and health which is a fundamental right guaranteed to the citizens under Art. 21 read with Art. 39(e) E and (f) and Art. 47 of the Constitution - Therefore, provisions of FSS Act and PFA Act and the rules and regulations framed thereunder have to be interpreted and applied in the light of the Constitutional principles, and endeavour has to be made to achieve an appropriate level of protection of human life and health - Considerable responsibility is cast on the Authorities F as well as the other officers functioning under the Acts to achieve the desired results - Constitution of India, 1950 - Art. 21, 39(e)(f) and 47 -- Food Supply and Standards Act, 2006 - Prevention of Food Adulteration Act, 1954. PUBLIC INTEREST LITIGATION: Writ petition before Supreme Court - For constituting a Committee of Experts to evaluate harmful effects of soft drinks on human health particularly on health of children, and to take regulatory measures - Held: Adequate provisions have already been made in various Acts, Rules and Regulations - - By and large, the various grievances raised by the petitioner are covered by the legislations - Their enforcement has to be B ensured by the authorities concerned -- FSS Act has been enacted to consolidate laws relating to food and to establish the Food Safety and Standards Authority in India for laying down science based standards for articles of food -- It provides for machinery for examining the grievances and if a citizen c has got any complaint with regard to the ingredients of any soft drinks, he can approach the machinery -- On the basis of the orders passed by the Court and in exercise of powers conferred u/s 13(4) of the FSS Act, the Food Authority, constituted an expert Scientific Panel on Labelling and 0 Claims/Advertising and that Panel, after examining the various grievances raised by the petitioner and giving an opportunity of being heard, passed an order on 12.9.2012 - Food and Safety Standards Authority of India is, further directed to gear up their resources with their counterparts in all the States and Union Territories and conduct periodical E inspections and monitoring of major fruits and vegetable markets, so as to ascertain whether they conform to such standards set by the Act and the Rules - Respondents shall strictly follow the provisions of the FSS Act as well as the Rules and Regulations framed thereunder - Constitution of India, F 1950 - Arts.21, 39(e), (f) and 47 - Food Supply and Standards Act, 2006 -- Prevention of Food Adulteration Act, 1954, Food Safety and the Standards (Food Products Standards and Food Additives) Regulations, 2011 -- Food Safety and Standards (Packaging and Labelling) Regulations, 2011-- Fruit Products Order, 1955. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 709 |
Petitioner | Centre For Public Interest Litigation |
Respondent | Union Of India And Others , |
SCR | [2013] 9 S.C.R. 1103 |
Judgement Date | 2013-10-22 |
Case Number | 681 |
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