Skip to main content

Fundamental rights includes Right to get pure food, says Supreme Court

The right to life and human dignity under art 21 of the Constitution also incorporates the right to have food articles and beverages which are free from harmful residues such as pesticides and insecticides, the Supreme Court has ruled.

The apex court said that food articles which are harmful and injurious to public health had the potential of striking at the fundamental right to life guaranteed by the Constitution and it was the government’s responsibility to take steps for protection of life and health.A bench of Justices K.S. Radhakrishnan and DipakMisra directed 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 conduct periodical inspection and monitoring of major fruits and vegetable markets.”

In the words of the apex court, “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. A paramount duty is cast on the States and its authorities to achieve an appropriate level of protection to human life and health…”

The ruling came while disposing of the petition by an NGO, Centre for Public Interest Litigation, seeking the setting up of an ‘independent expert/technical committee to evaluate the harmful effects of soft drinks on human health, particularly on the health of the children’.

The bench disposed of the PIL seeking to set up an independent technical panel to evaluate the harmful effects of soft drinks on human health, particularly on children, saying the Food Supply and Standards (FSS) Act, the Prevention of Food Adulteration (PFA) Act along with their rules and regulations were sufficient to deal with the grievances.The apex court, in its verdict, referred to various regulatory provisions of the FSS and PFA Acts and said they be “interpreted and applied in the light of the Constitutional Principles” to achieve an appropriate level of protection of human life and health.

Article referred: http://www.livelaw.in/fundamental-rights-includes-right-to-get-pure-food-says-supreme-court/

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...