Featured image for Supreme Court Judgment dated 05-08-2016 in case of petitioner name Swami Achyutanand Tirth & Othe vs Union of India & Others
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Supreme Court Directs Stronger Measures Against Milk Adulteration

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The case of Swami Achyutanand Tirth & Others v. Union of India & Others highlighted the severe issue of milk adulteration in India. The Supreme Court, in its judgment dated August 5, 2016, issued directives to the Union of India and all State Governments to implement stringent measures against adulteration and ensure food safety, particularly concerning milk and dairy products. The Court emphasized that milk adulteration violates fundamental rights under Article 21 of the Constitution and urged legislative amendments to impose stricter penalties.

Background of the Case

The petition was filed as a public interest litigation (PIL) by Swami Achyutanand Tirth and others, who raised concerns about the rampant adulteration of milk with hazardous substances such as urea, detergents, caustic soda, and refined oil. The petitioners, hailing from various states, contended that the government had failed to take effective measures to prevent the sale of adulterated milk, which posed a serious health risk to children and the general public.

The petitioners relied on the National Survey on Milk Adulteration, 2011, conducted by the Food Safety and Standards Authority of India (FSSAI). The survey found that 68.4% of milk samples tested across the country were adulterated, with certain states reporting 100% adulteration. The worst-affected states included Bihar, Jharkhand, Odisha, and West Bengal.

Legal Issues

The Supreme Court was required to examine:

  • Whether the Union and State Governments had taken adequate measures to prevent milk adulteration.
  • Whether the Food Safety and Standards Act, 2006 (FSS Act) provided sufficient deterrence against food adulteration.
  • Whether stricter penalties were required under the Indian Penal Code (IPC) to curb the menace of adulterated milk.

Petitioners’ Arguments

The petitioners contended:

  • The existing framework under the FSS Act was inadequate in preventing the widespread adulteration of milk.
  • Adulterated milk consumption caused serious health hazards, particularly for infants and children.
  • There was inaction and apathy on the part of government authorities in enforcing food safety laws.
  • More stringent penal provisions, including life imprisonment, should be introduced for those engaged in food adulteration.

Respondents’ Arguments (Union of India & State Governments)

The Union of India and various State Governments responded:

  • The FSS Act and its regulations provided a robust mechanism to monitor and control food adulteration.
  • States had already initiated steps such as random milk testing, surprise inspections, and launching prosecutions against offenders.
  • Periodic surveys were being conducted to assess milk quality, and awareness campaigns were being carried out.

Supreme Court’s Observations and Ruling

1. Milk Adulteration is a Serious Threat to Public Health

The Court noted:

“Milk is the only source of nourishment for infants and a major part of the diet for growing children. If effective measures are not taken, the health of the children will be adversely affected.”

The Court emphasized that food safety is a fundamental right under Article 21 and directed the authorities to take urgent measures.

2. Inadequacy of Existing Laws

The Court examined the penal provisions under the FSS Act and found them insufficient:

“Considering the seriousness of the offence, stringent penalties must be imposed. The punishment should be at par with the provisions contained in the Indian Penal Code and the State amendments to Section 272 IPC.”

The Court noted that states such as Uttar Pradesh, West Bengal, and Odisha had already amended the IPC to prescribe life imprisonment for food adulteration and suggested similar amendments at the national level.

3. Need for Public Awareness and Stronger Enforcement

The Court stressed the need for better public awareness and directed:

“The State Food Safety Authorities must ensure that dairy operators, retailers, and the general public are aware of the consequences of food adulteration. Public complaints should be encouraged and acted upon promptly.”

Final Verdict

The Supreme Court issued a series of directives:

  • All State Governments and the Union of India must strictly enforce the FSS Act and take stringent action against violators.
  • Milk adulteration cases must be monitored at the state and district levels through high-level committees.
  • State Food Safety Authorities should increase the frequency of random testing and inspections of dairy products.
  • Public awareness campaigns must be conducted to educate consumers on detecting adulteration.
  • The Union of India must consider amending the IPC to introduce harsher punishments, including life imprisonment, for severe food adulteration.
  • Online and toll-free complaint mechanisms should be set up to allow consumers to report food adulteration cases.
  • Mobile food testing vans should be introduced to conduct on-the-spot checks of milk samples.

Key Takeaways

  • The ruling reaffirmed that food safety is a fundamental right and must be prioritized by the government.
  • States must ensure strict compliance with food safety regulations and take swift action against adulterators.
  • Public awareness plays a crucial role in combating food adulteration.
  • Stricter penalties are necessary to act as a deterrent against milk adulteration.

Impact of the Judgment

The ruling set a national precedent for food safety and consumer protection. It led to:

  • Increased state-level action against food adulteration.
  • Stronger enforcement of milk quality standards.
  • Consideration of legislative amendments to strengthen penalties for food adulteration.
  • Improved public reporting mechanisms for food safety violations.

In conclusion, the Supreme Court’s decision in Swami Achyutanand Tirth & Others v. Union of India underscored the need for rigorous enforcement of food safety laws to protect public health. The judgment reinforced the importance of government accountability and proactive measures in ensuring the availability of safe and unadulterated food for all citizens.

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Download Judgment: Swami Achyutanand Ti vs Union of India & Oth Supreme Court of India Judgment Dated 05-08-2016-1741878433061.pdf

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