pil on food adulteration in india 1

LIST OF DATES AND EVENTS

The Hon’ble Supreme Court of India has

played a positive role in espousing the

cause of the poor, indigent, under trial

prisoners, women, unorganized labour,

schedule caste, schedule tribes, in illegal

mining, in maintaining the balance of

environment, etc. Wherever there is a

malaise, and this malaise is hindering the

lives of the people, then this Hon’ble

Court has been pleased to issue

appropriate writ order or direction to put

the things in right order and to bring ease

and convenience to the lives of the

people.

Through the public interest litigation,

citizens seek judicial intervention in a

number of matters having the interest of

public at large.

Through this new jurisdiction, the

judiciary has under taken responsibility

as critics and monitors of the Govt. and

its various agencies and to give socio-

economic justice to the underprivileged

masses without actually interfering with

political administrative field or in the

legislative sphere.

S.P. Gupta Vs. Union of India AIR 1982

SC 49.

The Public Interest Litigation brings

justice to the doorsteps of the weak, the

unorganized and exploited sections of the

society who have no access to the courts

because of the prohibitive cost of

litigation.

Public Interest Litigation is a means by

which justice percolates down to the

masses and made more accessible and

available to the poor and victim of

injustice.

There are many fields where the Govt.

has not taken proper steps to ensure

safety to the lives of the people. Right to

life is the most important fundamental

right of the people. If the life is finished

or destroyed then there is no use of

anything to facilitate and to provide

protection.

It is with extreme distress that the

petitioner has been reading in the

newspapers regarding the increasing

menace of food adulteration in India

which is literally driving the citizens of

this country to various health hazards

and also pre mature death which are

caused due to the illness caused by food

adulteration in India. The Government of

India and the State Governments have

failed miserably in controlling the rising

food adulteration throughout the country

as no strict steps are being taken to

prevent and check the food adulteration

in the country.

Be it access use of pesticides in crops,

use of deadly chemicals like calcium

carbide to prematurely ripen the fruits,

adulterated food in hotels, eateries,

cinema halls, adulterated milk being

manufactured with the help deadly

chemicals. There is not even a single

food or consumable item which can be

said to be safe for consumption in our

country and the same fact is the result of

zero laws to tackle and punish the

serious offence of food adulteration which

is rising like growing population of our

country.

The menace of food adulteration has

captured our country in such a manner

that if it is not controlled within a year or

two it will be the biggest reason of

premature deaths in our country as all

the diseases like diabetes, hypertension,

heart attacks, various forms of cancers

are directly or indirectly related to the

food which we consume today. The laws

to tackle the serious problem of food

adulteration are so vague and the

agencies which are responsible to control

the menace of food adulteration are

directly or indirectly working in hands

and gloves with the companies, hotels,

big shopping marts, cinema halls, food

adulteration mafia as a result of which

the offenders are fearless in committing

the offence of food adulteration as they

have no fear of law or any agency who

can punish them for the wrongs which

they are continuously doing and in the

process the precious lives of the citizens

of this country is being put at stake for no

fault of them.

Today we ask our children to drink lot

of milk and have fruits and green

vegetables for their proper growth and

for their better future but knowingly or

unknowingly the future of this country is

being put at stake by us as the rising

problem of food adulteration is

destroying the health of growing up

children and also the health of other

citizens of this country and the main

reason of this problem of food

adulteration on rise is due to the lack of

proper laws and lack of any sort of

implementation on the existing laws.

Every day in newspapers and news

channels various incidents of food

adulteration like lizard in midday meal,

use of calcium carbide for early ripening

of mangoes and other fruits, production

of synthetic milk and other dairy

products, food poisoning episodes in big

hotels are reported but no exemplary

action is taken against those so called

hotels, companies which produce

adulterated food products and other

perpetrators who commit and continue to

commit these offences against the

citizens of this country. The present laws

to tackle the menace of food adulteration

needs to be changed urgently and more

stringent laws need to be made and

implemented as if not controlled the

menace of food adulteration will

permanently deface the future

generations and their health and will

become the reason of innumerable

deadly diseases which we the citizens of

this country will have to face due to the

callousness of the Government of India

and the State Governments. It is the duty

of the State Governments and the

Government of India to ensure the proper

implementation of laws related to food

adulteration but it is surprising that

whatever few laws related to food

adulteration have been made are also

not being implemented to prevent

adulteration in food and consumable

items in the country and if more stricter

laws related to food adulteration are not

made and implemented then it will result

into an irreparable loss of precious lives

of the citizens of this country and future

generations which are coming will no

longer be able to live healthy or survive if

concrete steps are not taken to prevent

and restrict the food adulteration in our

country.

In India there are very few laws which

have been passed to control the rising

adulteration in food and consumable

items in this country and the irony is that

no steps what so ever are being taken by

the Government of India and other State

Governments to even implement those

insufficient laws whereas the need of the

present hour is to pass and implement

more stricter laws relating to food

adulteration and even other kinds of

adulterations in this country. According to

various news articles and researches by

the experts the food adulteration is

causing serious health problems to the

citizens of this country and many other

health related problems like diabetes,

various kinds of cancers, heart diseases,

paralysis, blurred vision, anaemia,

abortion, brain damage, stomach

infections, diarrhoea, abdominal pain etc.

The rising problem of food

adulteration strictly needs to be checked

into by passing serious laws related to

controlling food adulteration and the

same can only happen when this Hon’ble

Court intervenes into the matter as any

positive revolution which has been

bought into the system of our country

has happened only when Hon’ble

Supreme Court has intervened and

passed certain laws and guidelines to

govern this country. Be it guidelines in

Vishakha’s case on Sexual Harassment at

work place, be it guidelines and laws

regarding Police working and liability of

State in Neelbati Behra’s case, Be it laws

relating to environmental pollution

control. The Hon’ble Apex Court has

played a pivotal role in guiding the

progress of our country and ensuring the

protection of the rights of the citizens of

our country. It is the urgent need of the

hour that the Hon’ble Apex Court

intervenes in the issue of rising food

adulteration in the country and is leading

to innumerable loss of precious lives of

the citizens of this country.

The Government of India and the

State Governments are not doing

anything to ensure the protection of the

lives of the citizens of this country from

the rising menace of food adulteration.

To save the lives of its citizens is the

prime duty of the Government of India

and the State Governments but not even

an iota of new laws and positive efforts

are being done to restrict the problem of

rising food adulteration in every state of

this country. The Government needs to

frame stricter laws to punish those who

commit the offence of food adulteration

by flouting rules and laws already in

existence. It is an urgent need that not

only civic authorities and food

department but other law implementing

agencies like police should also give a

helping hand in ensuring the

implementation of the laws related to

controlling the problem of food

adulteration in the country.

That the petitioner is a lawyer in the

Supreme Court of India. He has been

reading continuous newspaper reports

and news on the rising problem of food

adulteration which is resulting in the loss

of precious lives of the citizens of this

country and is also destroying the future

generations and the rising problem of

food adulteration is being ignored by the

Government of India and the State

Governments. It is unfortunate that the

civic authorities, health department,

police department, food department and

other concerned departments to

implement the laws related to controlling

of food adulteration. It is flabbergasting

that the food adulteration problem has

become so rampant for quick money that

almost every possible agency which

needs to control the menace of food

adulteration seems to be ignoring every

possible news article which is published

citing various incidents and episodes of

food adulteration as a result of which be

it fruits, vegetables, milk, dairy products,

water not even a single consumable item

is adulteration free in our country which

is the matter of shame and concern for

every citizen of this country. The food

adulteration is causing diseases like

diabetes, various kinds of cancers, heart

diseases, paralysis, blurred vision,

anaemia, abortion, brain damage,

stomach infections, diarrhoea, abdominal

pain etc. and these diseases are not only

limited to elders but are also catching the

little and grown up children who are

future of this country.

The problem of food adulteration

besides health problems is also

responsible for loss in economy as every

developed nation who imports food

grains, fruits, vegetables and other

consumable item from our country

restricts the import on the knowledge of

food adulteration which is rampant in our

country. It is surprising and rather

flabbergasting that many big companies

like nestle, dabur and many other major

companies export totally different quality

products which are better in quality than

the products which they supply in the

Indian market for the consumption of the

citizens of this country.

The problem of food adulteration and

adulteration of other consumable items

causes a loss of billions of dollars to our

country as the foreign nations do not

tolerate the menace of any sort of

adulteration in their food products.

Besides loss of foreign revenue the

menace of food adulteration and other

consumable items causes loss of

exchequer worth thousands of crores

within India also.

It is the duty of Government of India

and the State Governments to ensure the

implementation of laws to restrict and

curb the rising menace of food

adulteration and adulteration of other

consumable items. It is the duty of the

government to provide clean and healthy

environment with proper and safe

nourishment for proper survival of the

citizens of this country. It is also the duty

of the Government to prevent the

destruction of the health and lives of the

citizens of this country but no efforts are

being made by the Government of India

or the State Government to protect the

health and lives of the citizens of this

country and also protect the economy of

our country on which the citizens of this

country are also dependant.

That the petitioner is highly spirited

and law abiding citizen of the country.

The petitioner is really interested that

something promptly be done by the

Government for the safety of the people

to check and prevent the rising menace

and problem of food adulteration and

adulteration of other consumable items

which is literally killing the innocent

citizens of this country and is even

endangering the future generations to

come.

By way of the instant public interest

litigation the petitioner is seeking the

indulgence of this Hon’ble Court for

direction to Government of India, State

Governments and other appropriate

authorities like Health Ministry, Ministry

for Environment, Home Ministry, Ministry

for food and agriculture to ensure the

proper implementation of existing laws

regarding controlling the menace of food

adulteration and frame new laws and

policies to restrict the rising problem of

food adulteration and adulteration of

other consumable items and in turn

protect the health and lives of the

citizens of this country and also the

economy of our country.

The petitioner is not a way fairer, nor

an interloper but a sensitive and sincere

citizen of this country and takes a keen

interest in the safety of the people of this

country and protection of the health and

lives of the citizens of this country and

also the economy of our country.

The public interest litigation is

the only mode and proper way to get the

directions to the government of India and

other responsible departments to ensure

the prevention of the increasing problem

and menace of food adulteration and

adulteration of other food items in our

country.

The present public interest litigation is

brought before this Hon’ble Court not for

the purpose of enforcing the right of one

individual against another but it is

intended to promote and vindicate public

interest. It is for the protection and safety

of the valuable lives of the numerous

citizens of this country that the present

public interest litigation is being filed.

27.06.2005 A detailed news article appeared heading

“Poison in their veins” in which according

to detailed research it was found by

Centre for Science and Environment that

the blood samples of people from Punjab

contained very high levels of pesticides

and all the pesticides are deadly ones.

The misuse of pesticides in growing crops

is rampant throughout the country. There

have been episodes in various parts of

India in which after consuming fresh

vegetable juice people have lost their

lives due to severe poisoning and on

many occasions the complaint of food

poisoning have been reported. In India

the concerned authorities which regulate

and control the use of pesticides on crops

do not work at all to check the misuse

and excess use of pesticides for growing

crops throughout India as a result of

which the health of the citizens of our

country is being put at stake as excess

use of pesticides in growing fruits and

vegetables is resulting into deadly

diseases which the people of India are

suffering with as a result of lack of

supervision and loss concerning the use

of pesticides in growing fruits and

vegetables. The Government of India and

the State governments are not taking any

appropriate steps to strictly implement

the existing laws and implement new

laws regarding regulating the use of

pesticides in growing fruits and

vegetables and other crops in our

country.

16.9.2010 A detailed news article appeared in

leading newspaper named DNA titled

“Honey contaminated with antibiotics;

Milk, Meat maybe next” in this article a

disturbing report was published in which

according to Centre for Science and

Environment almost all the companies

which produce honey like Dabur,

Himalaya, Baidyanath and Khadi and

many other brands have disturbingly high

level of antibacterial compounds in the

bottled honey these companies produce.

In our country there are no standards on

antibiotic contents in honey meant for

domestic market though the commerce

ministry has a superfluous standard for

use of antibiotics in bottled honey. In our

country antibiotics used to save human

lives by killing disease causing germs are

being widely abused by farmers as

growth promoters for cattle and poultry

as a result most of the milk, eggs, and

meat consumed in cities contains very

harmful levels of antibiotics. The

uncontrolled use of antibiotics causes

diseases like cancer, liver injury, blood

change, bone damage, genetic defects in

children and cardiac problems and also

the bodies become resistant to wide

variety of antibiotics which is really

disturbing as becoming resistant to

antibiotics will not save a person from

deadly diseases when such dose of

antibiotics is given to that person as

gross misuse of antibiotics in food

products practically makes the human

body drug resistant.

31.08.2010 A detailed article by an international

magazine was published on 31.8.2010

titled “Food adulteration a rising problem

in India”. In the said article the rising

problem of food adulteration in India has

been extensively discussed. According to

Public Health Foundation of India in its

report has mentioned that 80% of all

premature deaths in India are due to

contaminated food and water. In the said

article it is mentioned many forms of

adulteration be it fruits and vegetables or

adulterated spices used for cooking has

been discussed, it has also been said in

the published article that the monitoring

mechanism in our country is not very

strong to check properly the adulteration

in various food products which is being

consumed by the citizens of this country

with a faith that the big companies like

Dabur etc. are producing healthy food

products. It is surprising that despite of

the knowledge that these big companies

are producing deadly food products no

action what so ever is taken against

these countries which play with the

precious lives of the citizens of this

country just for monetary benefits. It is

also shocking that the regulatory

authorities are working hands in gloves

for their ulterior motive hereby putting

the lives of the citizens of this country in

danger. It is the duty of India and the

State governments to constitute proper

regulatory authorities and standards to

finish the menace of food adulteration in

our country and permanently close those

companies which indulge in the habit of

food adulteration for their monetary

benefits. It is also the need of the hour to

set certain standards in consultation with

international food standards regarding

the use of antibiotics in dairy, honey,

meat and other consumable products. It

is also the need of the hour to punish the

perpetrators of adulteration with serious

body offences like attempt to murder,

culpable homicide, amounting and not

amounting to murder and other serious

criminal charges as the food adulteration

in every aspect leads to the death

through various diseases of the citizens

of this country. It is also the need of the

hour that specialised departments for

raids, search and seizure with tie up of

chemical laboratories to identify

adulteration are made and instantaneous

and quick actions should be taken

throughout the country to tackle the

menace of food adulteration in our

country.

19.10.2011 On 19.10.2011 a news article appeared in

a leading magazine named India Today

titled “Delhi : Adulterated sweets flood

markets ahead of Diwali” in the said

article the menace of adulterated sweets

before Diwali has been discussed. It is a

painful reality that India being a multi-

cultural and multi-religion country

throughout the year joy and happiness of

various festivals is there. The use of

sweets for various religious festivals is

common in our country and for monetary

benefits use of adulterated and spurious

dairy products for making such sweets

also become rampant throughout the

country. It is surprising that Government

does not take any action throughout the

country to tackle this menace of food

adulteration by booking the offenders

with huge penalties and serious criminal

charges so that it deters and discourages

such offenders from playing with the

precious lives of the citizens of this

country. The kind of food adulteration

which exists in our country with full force

and courage does not even exists in

those countries where even the basic

food supply is below the requirement

standards such as countries like Sudan,

Nigeria, Sierra leone and many other

undernourished nations. It is surprising

that the Government has failed at all

levels in controlling the menace of food

adulteration in our country as the food

adulteration itself has become multi-

billion dollar industry in our country and if

not stopped the menace of the food

adulteration shall wipe out the future

generations to come in our country.

10.1.2012 A news article was published on 10.1.

2012 by a leading newspaper Times of

India titled “70% of Milk in Delhi, country

is adulterated”. The said article talks

about 70% of the milk substandard and

adulterated throughout the country. 71

samples were randomly collected by

Food Safety Standards Authority of India

and out of that 51 samples were found to

be contaminated with glucose and

skimmed milk powder which is added to

milk in the lean season to enhance

volumes. Throughout the country the

samples of milk were collected and those

samples were found to be adulterated

with adulterants like fat, neutralizers,

hydrogen peroxide, sugar, starch, urea,

detergent, formalin and vegetable fat. It

is painful and heart breaking that we all

drink milk and give it to our children and

even to our new born babies thinking it

will help them in proper growth of the

children and shall maintain our health but

it is more than disturbing that the

perpetrators of food adulteration which

involve the big milk producing companies

are destroying the health of the citizens

of this country with open courage as the

Government of India and state

governments have miserably failed in

tackling the mafia involved in the

adulteration of milk and dairy products. It

is deeply disturbing that these companies

which are involved in adulteration of milk

and dairy products are progressing

steady fast by destroying the health of

innocent citizens of this country. The

Government rather is enjoying its booty

from these companies as a result of

which these companies are fearlessly

indulging in the adulteration practice of

milk and dairy products just because the

reason that our government is sleeping

over this issue. Even the basic food

products like milk, water, fruits,

vegetables and spices and other

consumable products are being

adulterated beyond control and all the

agencies have become muke spectators

to the sufferings of the citizens of this

country as no action what so ever is

being taken against the perpetrators of

food adulteration of our country.

7.1.2013 On 7.1.2013 a news article appeared in

leading newspaper The Hindu titled

“Pesticides residue mars horticulture

exports”, as per the article India has an

annual production of 75 million tonnes of

fruits and 147 million tonnes of

vegetables making India a largest

horticultural producer in the world. It is

disturbing that India as an exporter of

horticultural produce has failed miserably

due to absence of clear public food safety

standards and good agricultural

practices. It is due to the rampant use of

pesticides excessively for horticultural

produce the foreign countries especially

Europe does not allows the Indian

horticultural produce to enter into their

market. If the Government takes the

necessary steps in controlling the

rampant and excessive use of pesticides

on crops, fruits and vegetables not only it

will help in improving the health of the

citizens of this country it will also help

the economy of our country in a very big

manner as standardising and regulating

the use of pesticides on horticultural

produce will improve the reputation of

India for exports globally which in turn

will boom the economy of our country.

29.4.2013 A news article appeared in The Times Of

India titled “Fruit juice not packed not

only with goodness and Health”. It is

discussed in this article that

contaminated and adulterated fruit juice

causes diseases such as tooth decay,

diarrhoea, dysentery, typhoid, jaundice,

diabetes, obesity and endless list of

ailments. The big companies which

produce the packaged fruit juices are not

checked by the regulatory authorities

regarding the use of various types of

chemicals which is used to preserve and

pack the so called the fresh fruit juices,

the use of which is rampant in our

country as we feel the packaged fruit

juices are safe and healthy to drink. It is

surprising these big companies hire big

film stars to promote their juices and

blindly believing we innocent citizens

drink these adulterated fruit juices which

results into serious health hazards. In

European countries the packaged fruit

juices are disposed off once they reach

the expiry date but in our country those

expiry dates are only changed hereby

keeping that fruit juice fresh forever

which results into serious health hazards

but these big companies care least for

the health hazards as the government

regulatory authorities have no checks

what so ever on these companies as a

result of which these companies freely

play with the lives and the health of the

innocent citizens of this country. It is

must and need of the hour to keep

constant check on such companies which

produce food products to ensure good

quality of such products which in turn will

benefit the millions of citizens of our

country.

15.3.2013 A news article appeared in a leading

newspaper The Times of India titled

“Adulterated road side juices sell despite

health alerts”. In the said article the

harmful effects of the sale of juices at

roadside have been discussed. In our

country almost every city there are

roadside juice stalls and eateries which

run without any licenses and check from

health and safety departments despite

settled law and guidelines the unsafe

roadside eateries and juice stalls are

flourishing throughout the country. Due

to lack of ant kind of check on these juice

stalls and eateries the health of millions

of citizens of this country is put at stake.

It is the urgent need to formulate policies

regarding checks on these roadside juice

stalls and eateries to ensure better

health standards and food quality rather

valid licences should be given to such

eateries and juice stalls to end the

corruption which is rampant to run such

eateries and juice stalls illegally as the

civic authorities, police and other

concerned departments indulge into

bribery to let these so called eateries and

food stalls run throughout the country. If

at all guidelines are made to check and

regulate and even regularise these food

stalls and eateries proper food and health

standards can be maintained. If the

corruption involving these roadside juice

stalls and eateries is finished by giving

valid licences to them and ensuring

proper food and safety checks at regular

intervals on such juice stalls and eateries.

Every citizen of this country does not

have that kind of money which enables

them to eat at posh food joints, majority

of the citizens of this country do like to

eat at roadside dhabas, food stalls, juice

stalls and to ensure hygienic and healthy

food at such roadside joints steps need to

be taken to abolish corruption and hafta

system of various agencies which ensure

the running of such joints illegally and in

turn lead t use of adulterated food

articles to cover up the money given as

hafta or bribe for running such roadside

food stalls. It is must to ensure proper

safety, health and hygiene standards in

such food stalls and roadside joints so

that the health of citizens at large is not

affected badly and rather health of the

citizens of this country is maintained

properly.

17.7.2013 A news article appeared on 17.7.2013 in

NDTV, a famous news channel regarding

death of 20 school children after food

poisoning due to poisonous and

adulterated midday meal was served to

them in Patna, Bihar.

02.08.2013 A news article appeared in a leading

internet paper named First Post titled

“Odisha - Dead lizard found in midday

meal for second time in a week”. The

problem of adulterated and poisonous

food in the midday meal scheme given to

children is a common thing to be heard

and since its inception the scheme has

not been handled properly by the

government of India as well as the state

governments. In past few years hundreds

of innocent children have lost their lives

due to poisonous and adulterated food

which is served to school children under

midday meal scheme. It is surprising and

shocking that the Government besides

holding an enquiry does not punishes the

concerned authorities and officials, who

serve this poisonous and adulterated

food to small school going children. It is

the need that liabilities in case of such

incidents be fixed on the school

authorities and criminal offences should

be registered in case of midday meal

poisoning is reported in any part of the

country against the concerned school

officials and authorities. Proper guidelines

need to be framed for procurement of

healthy food for the children who are

served food in midday meal scheme.

04.04.2014 On 4.4.2014 a news article appeared in a

famous newspaper The Hindu titled “Use

of calcium carbide rampant to ripen

mangoes”. It was mentioned in the article

the trend which is rampant throughout

the country that is the use of calcium

carbide to ripen the mangoes artificially.

The use of this chemical in ripening the

mangoes quickly for monetary benefit is

leading cause of various forms of cancer

in human body and also destruction of

stomach lining of human body. In

summer season as well as beyond the

season of mangoes calcium carbide

ripened mangoes are available

throughout the country. There is no

check on the fruit vendors as well as the

farmers who stoop so low for money that

they endanger the lives of the citizens of

this country by using chemicals like

calcium carbide for ripening the mangoes

so quickly. It is the need of the hour to

register criminal offences such farmers

and vendors who indulge in such criminal

and inhumanly activities. Last year the

export of alphonso mangoes was banned

by European nations for the same reason

of use of calcium carbide and other

dangerous chemicals for prematurely

ripening the mangoes which resulted into

the loss of millions of dollars to our

country, besides bringing ill repute to our

nation and the same loss of reputation

cannot be valued in money. It is a reality

that 80% of the mango available in the

market is ripened with the help of

chemicals like calcium carbide and the

same is going unchecked due to the

callousness and lethargy of the

Government of India and the state

governments.

07.05.2015 A news article dated 07.05.2015

appeared in a famous newspaper Indian

Express titled “Why you must think twice

before biting into that ‘fresh’ apple”. It is

mentioned in the said article regarding

the use of pesticides in green vegetable

and use of chemical wax on apples to

make them shine. According to The

Environmental group, an American

Organisation which focuses on toxic

chemicals in fruits and vegetables takes

out an annual dirty dozen list of foods of

India and in that cucumber, apple,

peaches, strawberries, grapes, spinach

and potatoes find their names in that list.

It is flabbergasting the way for monetary

gain few farmers, companies and vendors

are endangering the precious lives of the

citizens of this country without any check

on them from the side of government be

it Government of India or the concerned

state governments. The laws related to

food adulteration, check on food

adulteration and punishment for

committing such food adulteration are

totally vague, ineffective and on top of it

the Government of India and the state

Governments are not taking any action to

check and control the rising menace of

food adulteration in our country.

11.05.2015 An internet article appeared on famous

internet site named Google in which the

crucial information regarding food

adulteration, common

adulterants/contaminants in food and

simple screening test for their detection

is given. A list of injurious

adulterants/contaminants in food and

their health effects have been given.

May 2015 The menace of food adulteration is

getting out of control day by day in our

country as the implementation of existing

laws regarding food adulteration are not

at all being implemented by the

government authorities throughout the

country. Fruits, vegetables, dairy

products, consumable items like spices,

grains, honey, edible oil and many other

food products are reaching the

consumers in totally adulterated form

which is deadly for the health of the

consumers but no action what so ever to

check and prevent the adulteration of

food products is being initiated by the

Government of India and other state

governments throughout the country.

95% of the food products which we

consume in any form is adulterated with

deadly chemicals but no steps are being

taken by the Government and its

authorities to over power the menace of

food adulteration and even the

perpetrators of such inhuman crime are

going scot-free and unpunished due to

the toothless laws relating to food

adulteration in our country. Besides,

killing the innocent people, making the

citizens of our country seriously unwell

the menace of food adulteration is also

eating away the economy of our country

and is tarnishing the image and

reputation of our country beyond repair

in the eyes of the whole world. It is the

fundamental right of the citizens of this

country to get clean, hygienic and

healthy life, but the same is being

battered and flouted due to the menace

of food adulteration which is creating

havoc in the lives of the citizens of this

country. The Government of India and

the state governments and other

responsible agencies have miserably

failed to control the menace of food

adulteration and it is only the Hon’ble

Supreme Court of India which can be the

saviour of the citizens of this country

from the menace of food adulteration in

India.\

13.5.2015 Hence the instant Public Interest

Litigation for kind consideration by this

Hon’ble Court.

IN THE SUPREME COURT OF INDIA

CIVIL WRIT JURISDICTION

WRIT PETITION CIVIL NO. OF 2015

IN THE MATTER OF:

Vineet DhandaS/o J.P. Dhanda Chamber No. 66, Bhagwan Dass RoadSupreme Court Compound Supreme Court of IndiaNew Delhi

...PetitionerVERSUS

1. Union of India

Through the SecretaryHome affairs North block, New Delhi

2. Union of India through the Secretary Ministry of Environment, Forests and Climate Change, Paryawaran Bhawan, CGO Complex,Lodhi road, New Delhi- 110003

3. Union of India through the Secretary Department of Health and Family Welfare Nirman Bhawan, C-Wing, New Delhi -110001

4. Union of India through theSecretary Department of Home, Room no. 113,North Block, New Delhi -110001

5. Union of India through the

Secretary Department of Consumer Affairs, Food and Public Distribution,Krishi Bhavan, Dr. Rajendra Prasad Road, New Delhi - 110001

6. Union of India Through the SecretaryMinistry of AgricultureKrishi Bhavan, Dr. Rajendra Prasad Road, New Delhi – 110001

7. Union of India Through the SecretaryMinistry of Chemicals and FertilizersShastri Bhavan, Dr. Rajendra Prasad Road, New Delhi – 110001

8. Union of India Through the SecretaryMinistry of Law & JusticeShastri Bhawan, Dr. Rajendra Prasad Road, New Delhi – 110001

9. State of Andhra PradeshThrough the Chief SecretarySecretariat Hyderabad (Andhra Pradesh)

10. State of AssamThrough the Chief Secretary Secretariat Dispur (Assam)

11. State of Arunachal PradeshThrough the Chief SecretaryArunachal Bhawan, ChanakyapuriNew Delhi

12. State of Bihar Through the Chief Secretary Secretariat Patna (Bihar)

13. State of ChhattisgarhThrough the Chief Secretary Secretariat Raipur (Chhattisgarh)

14. State of Goa Through the Chief Secretary Secretariat Panan(Goa)

15. State of GujaratThrough the Chief Secretary SecretariatGandhi Nagar (Gujarat)

16. State of HaryanaThrough the Chief Secretary Secretariat Chhattisgarh

17. State of Himachal PradeshThrough the Chief Secretary

Secretariat Shimla (H.P)

18. State of Jammu & KashmirThrough the Chief SecretarySecretariat Srinagar (J & K)

19. State of JharkhandThrough the Chief SecretarySecretariat Ranchi (Jharkhand)

20. State of Karnataka Through the Chief SecretarySecretariat Bangalore (Karnataka)

21. State of KeralaThrough its Chief SecretarySecretariat Thiruvananthapuram (Kerala)

22. The State of Madhya PradeshThrough the Chief SecretarySecretariatBhopal (M.P)

23. State of MaharashtraThrough the Chief SecretarySecretariat

Mumbai (Maharashtra)

24. State of ManipurThrough the Chief SecretarySecretariatImphal (Manipur)

25. State of MeghalayaThrough the Chief SecretarySecretariatShilong (Meghalaya)

26. State of MizoramThrough the Chief SecretarySecretariat

Aizwal (Mizoram)

27. State of NagalandThrough the Chief SecretarySecretariatKohima (Nagaland)

28. State of OrissaThrough the Chief SecretarySecretariatBhubneshwar(Orissa)

29. State of Punjab Through the Chief SecretarySecretariatChandigarh, Punjab

30. State of RajasthanThrough the Chief SecretarySecretariat Jaipur (Rajasthan)

31. State of SikkimThrough the Chief SecretarySecretariat Gangtok (Sikkim)

32. State of Tamil NaduThrough the Chief SecretarySecretariat

Chennai (Tamil Nadu)

33. State of Tripura Through the Chief Secretary

Secretariat Agartala (Tripura)

34. State of UttarakhandThrough the Chief Secretary

SecretariatDehradun (Uttrakhand)

35. State of Uttar PradeshThrough the Chief SecretarySecretariatLucknow (U.P.)

36. State of West BengalThrough the Chief SecretarySecretariatKolkata (West Bengal)

37. State of TelanganaThrough the Chief SecretarySecretariatHyderabad

38. Union Territory of ChandigarhThrough the Home SecretaryU.T. (4th Floor)Secretariat, Sector-9, Chandigarh

39. Government of NCT of DelhiThrough the Chief SecretarySecretariatI.P. State, New Delhi

...RESPONDENTS

AND IN THE MATTER OF:-

PETITION UNDER ARTICLE 32 OF THE

CONSTITUTION OF INDIA FOR ISSUANCE OF AN

APPROPRIATE WRIT ORDER OR DIRECTION TO

THE RESPONDENTS

TO

THE HON’BLE CHIEF JUSTICE OF INDIA AND

HIS HON’BLE COMPANION JUSTICES OF THE

HON”BLE SUPREME COURT OF INDIA AT

NEW DELHI

THE HUMBLE PETITION OF THE PETITIONER

ABOVE NAMED

MOST RESPECTFULLY SHOWETH:-

1. That the petitioner is a practising Advocate in the Hon’ble

Supreme Court of India. The petitioner is filing the present

petition in Public Interest, when it has been seen that the

authorities of the government are not taking proper steps

to control the menace of rising food adulteration in every

part of the country. Despite various warnings from World

Health Organisation and other research departments the

Government of India and Other State Governments are

taking no initiative in framing new laws for food

adulteration and also no initiatives are being taken by the

Government to control and restrict the rising menace of

food adulteration and adulteration of other consumable

food products like fruits, vegetables, dairy products, edible

oils, honey, meat, spices and pulses etc throughout the

country. The rising problem of food adulteration in all

parts of the country besides killing innocent citizens is also

reason behind various deadly diseases like cancer, lung

disorders, Respiratory ailments, stomach ailments,

diabetes, heart problems and other serious ailments which

result into premature death of the citizens of this country.

The rising problem of food adulteration is also affecting

the economy of this country badly as the problem of food

adulteration according to a study has resulted into the

decrease of horticulture export though India is the biggest

country as far as the horticulture produce is concerned.

1 (A) That the petitioner, has not approached any Authority

for the same relief i.e., for setting guidelines and framing

new and stricter laws to control the menace of rising food

adulteration in all parts of the country and take immediate

corrective steps to control and restrict the food adulteration

in the country. That the petitioner has not approached any

tribunal for the same relief.

2. That the petitioner, by way of the present Public Interest

Litigation is trying to seek writs and directions to the

respondents to formulate and implement strict policies

and laws to control the rising problem of food adulteration

in all parts of the country and also directions to the state

authorities and Union of India to ensure proper formulation

of policies and guidelines to prevent problem of food

adulteration food adulteration and adulteration of other

consumable food products like fruits, vegetables, dairy

products, edible oils, honey, meat, spices and pulses etc

throughout the country.

3. That the authorities of Government are not awakened to

the responsibilities to ensure safety and health of the

citizens of this country which are more than a billion in

number as the problem of rising adulteration of food and

consumable products is going unchecked and the

Government is not taking any steps to formulate stricter

laws and guidelines to control the rising problem of food

adulteration and punish those offenders who by their acts

destroy the health of the citizens of this country and put

the lives of citizens at risk and also cause the loss of

precious lives due to food adulteration and contamination

of other consumable products. The existing laws regarding

food adulteration are incapable of punishing the offenders

who contribute to the menace of rising food adulteration

by their wrongful acts and also the existing laws and

guidelines are insufficient in totality to control the problem

of adulteration of food and other consumable products in

our country.

4. That the Hon’ble Supreme Court of India has played a

positive role in espousing the cause of the poor, indigent,

under trial prisoners, women, unorganized labour,

schedule caste, schedule tribes, in illegal mining, in

maintaining the balance of environment, etc. Wherever

there is a malaise, and this malaise is hindering the lives

of the people, then this Hon’ble Court has been pleased to

issue appropriate writ order or direction to put the things

in right order and to bring ease and convenience to the

lives of the people.

Through the public interest litigation, citizens seek judicial

intervention in a number of matters having the interest of

public at large.

5. That through this new jurisdiction, the judiciary has under

taken responsibility as critics and monitors of the Govt. and

its various agencies and to give socio-economic justice to the

underprivileged masses without actually interfering with

political administrative field or in the legislative sphere.

S.P. Gupta Vs. Union of India AIR 1982 SC 49.

The Public Interest Litigation brings justice to the

doorsteps of the weak, the unorganized and exploited

sections of the society who have no access to the courts

because of the prohibitive cost of litigation.

Public Interest Litigation is a means by which justice

percolates down to the masses and made more accessible

and available to the poor and victim of injustice.

There are many fields where the Govt. has not taken proper

steps to ensure safety to the lives of the people. Right to life

is the most important fundamental right of the people. If the

life is finished or destroyed then there is no use of anything

to facilitate and to provide protection.

6. That it is with extreme distress that the petitioner has

been reading in the newspapers regarding the increasing

problem of deadly adulteration of food and other

consumable products throughout the country which is

resulting into innumerable diseases and deaths of

innocent citizens of this country. The Government of India

and the State Governments have failed miserably in

controlling and restricting the rising menace of food

adulteration throughout the country as no strict steps are

being taken to prevent and check the adulteration of food

and consumable goods in the country. The increasing

menace of food adulteration in India is literally driving the

citizens of this country to various health hazards and also

pre mature death which are caused due to the illness

caused by food adulteration in India.

7. That the petitioner is highly spirited and law abiding citizen

of the country. The petitioner is about 35 years of age, and

practising in the Hon’ble Supreme Court of India since past

13 years. The petitioner has done numerous PIL’s as an

advocate for social cause and to bring justice to the citizens

of this country.

8. The Hon’ble Supreme Court of India has played a

positive role in espousing the cause of the poor,

indigent, under trial prisoners, women, unorganized

labour, schedule caste, schedule tribes, in illegal mining,

in maintaining the balance of environment, etc.

Wherever there is a malaise, and this malaise is

hindering the lives of the people, then this Hon’ble Court

has been pleased to issue appropriate writ order or

direction to put the things in right order and to bring

ease and convenience to the lives of the people.

Through the public interest litigation, citizens seek

judicial intervention in a number of matters having the

interest of public at large.

9. Through this new jurisdiction, the judiciary has under

taken responsibility as critics and monitors of the Govt.

and its various agencies and to give socio-economic

justice to the underprivileged masses without actually

interfering with political administrative field or in the

legislative sphere.

10. That be it excess use of pesticides in crops, use of

deadly chemicals like calcium carbide to prematurely

ripen the fruits, adulterated food in hotels, eateries,

cinema halls, adulterated milk being manufactured with

the help deadly chemicals. There is not even a single food

or consumable item which can be said to be safe for

consumption in our country and the same fact is the result

of zero laws to tackle and punish the serious offence of

food adulteration which is rising like growing population of

our country.

11. That the menace of food adulteration has captured

our country in such a manner that if it is not controlled

within a year or two it will be the biggest reason of

premature deaths in our country as all the diseases like

diabetes, hypertension, heart attacks, various forms of

cancers are directly or indirectly related to the food which

we consume today. The laws to tackle the serious problem

of food adulteration are so vague and the agencies which

are responsible to control the menace of food adulteration

are directly or indirectly working in hands and gloves with

the companies, hotels, big shopping marts, cinema halls,

food adulteration mafia as a result of which the offenders

are fearless in committing the offence of food adulteration

as they have no fear of law or any agency who can punish

them for the wrongs which they are continuously doing

and in the process the precious lives of the citizens of this

country is being put at stake for no fault of them.

12. That today we ask our children to drink lot of milk and

have fruits and green vegetables for their proper growth

and for their better future but knowingly or unknowingly

the future of this country is being put at stake by us as the

rising problem of food adulteration is destroying the health

of growing up children and also the health of other citizens

of this country and the main reason of this problem of food

adulteration on rise is due to the lack of proper laws and

lack of any sort of implementation on the existing laws.

13. That every day in newspapers and news channels

various incidents of food adulteration like lizard in midday

meal, use of calcium carbide for early ripening of mangoes

and other fruits, production of synthetic milk and other

dairy products, food poisoning episodes in big hotels are

reported but no exemplary action is taken against those

so called hotels, companies which produce adulterated

food products and other perpetrators who commit and

continue to commit these offences against the citizens of

this country. The present laws to tackle the menace of

food adulteration needs to be changed urgently and more

stringent laws need to be made and implemented as if not

controlled the menace of food adulteration will

permanently deface the future generations and their

health and will become the reason of innumerable deadly

diseases which we the citizens of this country will have to

face due to the callousness of the Government of India

and the State Governments. It is the duty of the State

Governments and the Government of India to ensure the

proper implementation of laws related to food adulteration

but it is surprising that whatever few laws related to food

adulteration have been made are also not being

implemented to prevent adulteration in food and

consumable items in the country and if more stricter laws

related to food adulteration are not made and

implemented then it will result into an irreparable loss of

precious lives of the citizens of this country and future

generations which are coming will no longer be able to live

healthy or survive if concrete steps are not taken to

prevent and restrict the food adulteration in our country.

14. That in India there are very few laws which have

been passed to control the rising adulteration in food and

consumable items in this country and the irony is that no

steps what so ever are being taken by the Government of

India and other State Governments to even implement

those insufficient laws whereas the need of the present

hour is to pass and implement more stricter laws relating

to food adulteration and even other kinds of adulterations

in this country. According to various news articles and

researches by the experts the food adulteration is causing

serious health problems to the citizens of this country and

many other health related problems like diabetes, various

kinds of cancers, heart diseases, paralysis, blurred vision,

anaemia, abortion, brain damage, stomach infections,

diarrhoea, abdominal pain etc.

15. That the rising problem of food adulteration strictly

needs to be checked into by passing serious laws related

to controlling food adulteration and the same can only

happen when this Hon’ble Court intervenes into the

matter as any positive revolution which has been bought

into the system of our country has happened only when

Hon’ble Supreme Court has intervened and passed certain

laws and guidelines to govern this country. Be it guidelines

in Vishakha’s case on Sexual Harassment at work place,

be it guidelines and laws regarding Police working and

liability of State in Neelbati Behra’s case, Be it laws

relating to environmental pollution control. The Hon’ble

Apex Court has played a pivotal role in guiding the

progress of our country and ensuring the protection of the

rights of the citizens of our country. It is the urgent need

of the hour that the Hon’ble Apex Court intervenes in the

issue of rising food adulteration in the country and is

leading to innumerable loss of precious lives of the


16. That the Government of India and the State

Governments are not doing anything to ensure the

protection of the lives of the citizens of this country from

the rising menace of food adulteration. To save the lives of

its citizens is the prime duty of the Government of India

and the State Governments but not even an iota of new

laws and positive efforts are being done to restrict the

problem of rising food adulteration in every state of this

country. The Government needs to frame stricter laws to

punish those who commit the offence of food adulteration

by flouting rules and laws already in existence. It is an

urgent need that not only civic authorities and food

department but other law implementing agencies like

police should also give a helping hand in ensuring the

implementation of the laws related to controlling the

problem of food adulteration in the country.

17. That the petitioner is a lawyer in the Supreme Court

of India. He has been reading continuous newspaper

reports and news on the rising problem of food

adulteration which is resulting in the loss of precious lives

of the citizens of this country and is also destroying the

future generations and the rising problem of food

adulteration is being ignored by the Government of India

and the State Governments. It is unfortunate that the civic

authorities, health department, police department, food

department and other concerned departments to

implement the laws related to controlling of food

adulteration. It is flabbergasting that the food adulteration

problem has become so rampant for quick money that

almost every possible agency which needs to control the

menace of food adulteration seems to be ignoring every

possible news article which is published citing various

incidents and episodes of food adulteration as a result of

which be it fruits, vegetables, milk, dairy products, water

not even a single consumable item is adulteration free in

our country which is the matter of shame and concern for

every citizen of this country. The food adulteration is

causing diseases like diabetes, various kinds of cancers,

heart diseases, paralysis, blurred vision, anaemia,

abortion, brain damage, stomach infections, diarrhoea,

abdominal pain etc. and these diseases are not only

limited to elders but are also catching the little and grown

up children who are future of this country.

18. That the problem of food adulteration besides health

problems is also responsible for loss in economy as every

developed nation who imports food grains, fruits,

vegetables and other consumable item from our country

restricts the import on the knowledge of food adulteration

which is rampant in our country. It is surprising and rather

flabbergasting that many big companies like nestle, dabur

and many other major companies export totally different

quality products which are better in quality than the

products which they supply in the Indian market for the

consumption of the citizens of this country.

19. That the problem of food adulteration and

adulteration of other consumable items causes a loss of

billions of dollars to our country as the foreign nations do

not tolerate the menace of any sort of adulteration in their

food products. Besides loss of foreign revenue the menace

of food adulteration and other consumable items causes

loss of exchequer worth thousands of crores within India

also.

20. That it is the duty of Government of India and the

State Governments to ensure the implementation of laws

to restrict and curb the rising menace of food adulteration

and adulteration of other consumable items. It is the duty

of the government to provide clean and healthy

environment with proper and safe nourishment for proper

survival of the citizens of this country. It is also the duty of

the Government to prevent the destruction of the health

and lives of the citizens of this country but no efforts are

being made by the Government of India or the State

Government to protect the health and lives of the citizens

of this country and also protect the economy of our

country on which the citizens of this country are also

dependant.

21. That the petitioner is highly spirited and law abiding

citizen of the country. The petitioner is really interested

that something promptly be done by the Government for

the safety of the people to check and prevent the rising

menace and problem of food adulteration and adulteration

of other consumable items which is literally killing the

innocent citizens of this country and is even endangering

the future generations to come.

22. That by way of the instant public interest litigation

the petitioner is seeking the indulgence of this Hon’ble

Court for direction to Government of India, State

Governments and other appropriate authorities like Health

Ministry, Ministry for Environment, Home Ministry, Ministry

for food and agriculture to ensure the proper

implementation of existing laws regarding controlling the

menace of food adulteration and frame new laws and

policies to restrict the rising problem of food adulteration

and adulteration of other consumable items and in turn

protect the health and lives of the citizens of this country

and also the economy of our country.

23. That the petitioner is not a way fairer, nor an

interloper but a sensitive and sincere citizen of this

country and takes a keen interest in the safety of the

people of this country and protection of the health and

lives of the citizens of this country and also the economy

of our country.

24. That the public interest litigation is the only mode

and proper way to get the directions to the government of

India and other responsible departments to ensure the

prevention of the increasing problem and menace of food

adulteration and adulteration of other food items in our

country.

25. That the present public interest litigation is brought

before this Hon’ble Court not for the purpose of enforcing

the right of one individual against another but it is

intended to promote and vindicate public interest. It is for

the protection and safety of the valuable lives of the

numerous citizens of this country that the present public

interest litigation is being filed.

26. That a detailed news article appeared on 27.6.2005

heading “Poison in their veins” in which according to

detailed research it was found by Centre for Science and

Environment that the blood samples of people from Punjab

contained very high levels of pesticides and all the

pesticides are deadly ones. The misuse of pesticides in

growing crops is rampant throughout the country. There

have been episodes in various parts of India in which after

consuming fresh vegetable juice people have lost their

lives due to severe poisoning and on many occasions the

complaint of food poisoning have been reported. In India

the concerned authorities which regulate and control the

use of pesticides on crops do not work at all to check the

misuse and excess use of pesticides for growing crops

throughout India as a result of which the health of the

citizens of our country is being put at stake as excess use

of pesticides in growing fruits and vegetables is resulting

into deadly diseases which the people of India are

suffering with as a result of lack of supervision and loss

concerning the use of pesticides in growing fruits and

vegetables. The Government of India and the State

governments are not taking any appropriate steps to

strictly implement the existing laws and implement new

laws regarding regulating the use of pesticides in growing

fruits and vegetables and other crops in our country. A

copy of the said article is Annexure P – 1 with this

petition.

27. That a detailed news article appeared on 16.9.2010 in

leading newspaper named DNA titled “Honey

contaminated with antibiotics; Milk, Meat maybe

next” in this article a disturbing report was published in

which according to Centre for Science and Environment

almost all the companies which produce honey like Dabur,

Himalaya, Baidyanath and Khadi and many other brands

have disturbingly high level of antibacterial compounds in

the bottled honey these companies produce. In our

country there are no standards on antibiotic contents in

honey meant for domestic market though the commerce

ministry has a superfluous standard for use of antibiotics

in bottled honey. In our country antibiotics used to save

human lives by killing disease causing germs are being

widely abused by farmers as growth promoters for cattle

and poultry as a result most of the milk, eggs, and meat

consumed in cities contains very harmful levels of

antibiotics. The uncontrolled use of antibiotics causes

diseases like cancer, liver injury, blood change, bone

damage, genetic defects in children and cardiac problems

and also the bodies become resistant to wide variety of

antibiotics which is really disturbing as becoming resistant

to antibiotics will not save a person from deadly diseases

when such dose of antibiotics is given to that person as

gross misuse of antibiotics in food products practically

makes the human body drug resistant. A copy of the said

article is Annexure P – 2 with this petition.

28. That a detailed article by an international magazine was

published on 31.8.2010 titled “Food adulteration a

rising problem in India”. In the said article the rising

problem of food adulteration in India has been extensively

discussed. According to Public Health Foundation of India

in its report has mentioned that 80% of all premature

deaths in India are due to contaminated food and water. In

the said article it is mentioned many forms of adulteration

be it fruits and vegetables or adulterated spices used for

cooking has been discussed, it has also been said in the

published article that the monitoring mechanism in our

country is not very strong to check properly the

adulteration in various food products which is being

consumed by the citizens of this country with a faith that

the big companies like Dabur etc. are producing healthy

food products. It is surprising that despite of the

knowledge that these big companies are producing deadly

food products no action what so ever is taken against

these countries which play with the precious lives of the

citizens of this country just for monetary benefits. It is also

shocking that the regulatory authorities are working hands

in gloves for their ulterior motive hereby putting the lives

of the citizens of this country in danger. It is the duty of

India and the State governments to constitute proper

regulatory authorities and standards to finish the menace

of food adulteration in our country and permanently close

those companies which indulge in the habit of food

adulteration for their monetary benefits. It is also the need

of the hour to set certain standards in consultation with

international food standards regarding the use of

antibiotics in dairy, honey, meat and other consumable

products. It is also the need of the hour to punish the

perpetrators of adulteration with serious body offences

like attempt to murder, culpable homicide, amounting and

not amounting to murder and other serious criminal

charges as the food adulteration in every aspect leads to

the death through various diseases of the citizens of this

country. It is also the need of the hour that specialised

departments for raids, search and seizure with tie up of

chemical laboratories to identify adulteration are made

and instantaneous and quick actions should be taken

throughout the country to tackle the menace of food

adulteration in our country. A copy of the said article is

Annexure P – 3 with this petition.

29. That on 19.10.2011 a news article appeared in a leading

magazine named India Today titled “Delhi : Adulterated

sweets flood markets ahead of Diwali” in the said

article the menace of adulterated sweets before Diwali has

been discussed. It is a painful reality that India being a

multi-cultural and multi-religion country throughout the

year joy and happiness of various festivals is there. The

use of sweets for various religious festivals is common in

our country and for monetary benefits use of adulterated

and spurious dairy products for making such sweets also

become rampant throughout the country. It is surprising

that Government does not take any action throughout the

country to tackle this menace of food adulteration by

booking the offenders with huge penalties and serious

criminal charges so that it deters and discourages such

offenders from playing with the precious lives of the

citizens of this country. The kind of food adulteration

which exists in our country with full force and courage

does not even exists in those countries where even the

basic food supply is below the requirement standards such

as countries like Sudan, Nigeria, Sierra leone and many

other undernourished nations. It is surprising that the

Government has failed at all levels in controlling the

menace of food adulteration in our country as the food

adulteration itself has become multi-billion dollar industry

in our country and if not stopped the menace of the food

adulteration shall wipe out the future generations to come

in our country. A copy of the said article is Annexure P –

4 with this petition.

30. That a news article was published on 10.1. 2012 by a

leading newspaper Times of India titled “70% of Milk in

Delhi, country is adulterated”. The said article talks

about 70% of the milk substandard and adulterated

throughout the country. 71 samples were randomly

collected by Food Safety Standards Authority of India and

out of that 51 samples were found to be contaminated

with glucose and skimmed milk powder which is added to

milk in the lean season to enhance volumes. Throughout

the country the samples of milk were collected and those

samples were found to be adulterated with adulterants

like fat, neutralizers, hydrogen peroxide, sugar, starch,

urea, detergent, formalin and vegetable fat. It is painful

and heart breaking that we all drink milk and give it to our

children and even to our new born babies thinking it will

help them in proper growth of the children and shall

maintain our health but it is more than disturbing that the

perpetrators of food adulteration which involve the big

milk producing companies are destroying the health of the

citizens of this country with open courage as the

Government of India and state governments have

miserably failed in tackling the mafia involved in the

adulteration of milk and dairy products. It is deeply

disturbing that these companies which are involved in

adulteration of milk and dairy products are progressing

steady fast by destroying the health of innocent citizens of

this country. The Government rather is enjoying its booty

from these companies as a result of which these

companies are fearlessly indulging in the adulteration

practice of milk and dairy products just because the

reason that our government is sleeping over this issue.

Even the basic food products like milk, water, fruits,

vegetables and spices and other consumable products are

being adulterated beyond control and all the agencies

have become muke spectators to the sufferings of the

citizens of this country as no action what so ever is being

taken against the perpetrators of food adulteration of our

country. A copy of the said article is Annexure P – 5 with

this petition.

31. That on 7.1.2013 a news article appeared in leading

newspaper The Hindu titled “Pesticides residue mars

horticulture exports”, as per the article India has an

annual production of 75 million tonnes of fruits and 147

million tonnes of vegetables making India a largest

horticultural producer in the world. It is disturbing that

India as an exporter of horticultural produce has failed

miserably due to absence of clear public food safety

standards and good agricultural practices. It is due to the

rampant use of pesticides excessively for horticultural

produce the foreign countries especially Europe does not

allows the Indian horticultural produce to enter into their

market. If the Government takes the necessary steps in

controlling the rampant and excessive use of pesticides on

crops, fruits and vegetables not only it will help in

improving the health of the citizens of this country it will

also help the economy of our country in a very big manner

as standardising and regulating the use of pesticides on

horticultural produce will improve the reputation of India

for exports globally which in turn will boom the economy

of our country. A copy of the said article is Annexure P –


32. That on 29.4.2013 a news article appeared in The Times Of

India titled “Fruit juice not packed not only with

goodness and Health”. It is discussed in this article that

contaminated and adulterated fruit juice causes diseases

such as tooth decay, diarrhoea, dysentery, typhoid,

jaundice, diabetes, obesity and endless list of ailments.

The big companies which produce the packaged fruit

juices are not checked by the regulatory authorities

regarding the use of various types of chemicals which is

used to preserve and pack the so called the fresh fruit

juices, the use of which is rampant in our country as we

feel the packaged fruit juices are safe and healthy to

drink. It is surprising these big companies hire big film

stars to promote their juices and blindly believing we

innocent citizens drink these adulterated fruit juices which

results into serious health hazards. In European countries

the packaged fruit juices are disposed off once they reach

the expiry date but in our country those expiry dates are

only changed hereby keeping that fruit juice fresh forever

which results into serious health hazards but these big

companies care least for the health hazards as the

government regulatory authorities have no checks what so

ever on these companies as a result of which these

companies freely play with the lives and the health of the

innocent citizens of this country. It is must and need of the

hour to keep constant check on such companies which

produce food products to ensure good quality of such

products which in turn will benefit the millions of citizens

of our country. A copy of the said article is Annexure P –



newspaper The Times of India titled “Adulterated road

side juices sell despite health alerts”. In the said

article the harmful effects of the sale of juices at roadside

have been discussed. In our country almost every city

there are roadside juice stalls and eateries which run

without any licenses and check from health and safety

departments despite settled law and guidelines the unsafe

roadside eateries and juice stalls are flourishing

throughout the country. Due to lack of ant kind of check

on these juice stalls and eateries the health of millions of

citizens of this country is put at stake. It is the urgent

need to formulate policies regarding checks on these

roadside juice stalls and eateries to ensure better health

standards and food quality rather valid licences should be

given to such eateries and juice stalls to end the

corruption which is rampant to run such eateries and juice

stalls illegally as the civic authorities, police and other

concerned departments indulge into bribery to let these so

called eateries and food stalls run throughout the country.

If at all guidelines are made to check and regulate and

even regularise these food stalls and eateries proper food

and health standards can be maintained. If the corruption

involving these roadside juice stalls and eateries is

finished by giving valid licences to them and ensuring

proper food and safety checks at regular intervals on such

juice stalls and eateries. Every citizen of this country does

not have that kind of money which enables them to eat at

posh food joints, majority of the citizens of this country do

like to eat at roadside dhabas, food stalls, juice stalls and

to ensure hygienic and healthy food at such roadside

joints steps need to be taken to abolish corruption and

hafta system of various agencies which ensure the

running of such joints illegally and in turn lead t use of

adulterated food articles to cover up the money given as

hafta or bribe for running such roadside food stalls. It is

must to ensure proper safety, health and hygiene

standards in such food stalls and roadside joints so that

the health of citizens at large is not affected badly and

rather health of the citizens of this country is maintained

properly. A copy of the said article is Annexure P – 8 with

this petition.

34. That a news article appeared on 17.7.2013 in NDTV, a

famous news channel regarding death of 20 school

children after food poisoning due to poisonous and

adulterated midday meal was served to them in Patna,

Bihar. A copy of the said article is Annexure P – 9 with

this petition.


internet paper named First Post titled “Odisha - Dead

lizard found in midday meal for second time in a

week”. The problem of adulterated and poisonous food in

the midday meal scheme given to children is a common

thing to be heard and since its inception the scheme has

not been handled properly by the government of India as

well as the state governments. In past few years hundreds

of innocent children have lost their lives due to poisonous

and adulterated food which is served to school children

under midday meal scheme. It is surprising and shocking

that the Government besides holding an enquiry does not

punishes the concerned authorities and officials, who

serve this poisonous and adulterated food to small school

going children. It is the need that liabilities in case of such

incidents be fixed on the school authorities and criminal

offences should be registered in case of midday meal

poisoning is reported in any part of the country against

the concerned school officials and authorities. Proper

guidelines need to be framed for procurement of healthy

food for the children who are served food in midday meal

scheme. A copy of the said article is Annexure P – 10

with this petition.

36. That on 4.4.2014 a news article appeared in a famous

newspaper The Hindu titled “Use of calcium carbide

rampant to ripen mangoes”. It was mentioned in the

article the trend which is rampant throughout the country

that is the use of calcium carbide to ripen the mangoes

artificially. The use of this chemical in ripening the

mangoes quickly for monetary benefit is leading cause of

various forms of cancer in human body and also

destruction of stomach lining of human body. In summer

season as well as beyond the season of mangoes calcium

carbide ripened mangoes are available throughout the

country. There is no check on the fruit vendors as well as

the farmers who stoop so low for money that they

endanger the lives of the citizens of this country by using

chemicals like calcium carbide for ripening the mangoes

so quickly. It is the need of the hour to register criminal

offences such farmers and vendors who indulge in such

criminal and inhumanly activities. Last year the export of

alphonso mangoes was banned by European nations for

the same reason of use of calcium carbide and other

dangerous chemicals for prematurely ripening the

mangoes which resulted into the loss of millions of dollars

to our country, besides bringing ill repute to our nation

and the same loss of reputation cannot be valued in

money. It is a reality that 80% of the mango available in

the market is ripened with the help of chemicals like

calcium carbide and the same is going unchecked due to

the callousness and lethargy of the Government of India

and the state governments. A copy of the said article is


37. That a news article dated 07.05.2015 appeared in a

famous newspaper Indian Express titled “Why you must

think twice before biting into that ‘fresh’ apple”. It

is mentioned in the said article regarding the use of

pesticides in green vegetable and use of chemical wax on

apples to make them shine. According to The

Environmental group, an American Organisation which

focuses on toxic chemicals in fruits and vegetables takes

out an annual dirty dozen list of foods of India and in that

cucumber, apple, peaches, strawberries, grapes, spinach

and potatoes find their names in that list. It is

flabbergasting the way for monetary gain few farmers,

companies and vendors are endangering the precious

lives of the citizens of this country without any check on

them from the side of government be it Government of

India or the concerned state governments. The laws

related to food adulteration, check on food adulteration

and punishment for committing such food adulteration are

totally vague, ineffective and on top of it the Government

of India and the state Governments are not taking any

action to check and control the rising menace of food

adulteration in our country. A copy of the said article is


38. That on 11.05.2015 an internet article appeared on

famous internet site named Google in which the crucial

information regarding food adulteration, common

adulterants/contaminants in food and simple screening

test for their detection is given. A list of injurious

adulterants/contaminants in food and their health effects

have been given. A copy of the said article is Annexure P

– 13 with this petition.

39. That the menace of food adulteration is getting out of

control day by day in our country as the implementation of

existing laws regarding food adulteration are not at all

being implemented by the government authorities

throughout the country. Fruits, vegetables, dairy products,

consumable items like spices, grains, honey, edible oil and

many other food products are reaching the consumers in

totally adulterated form which is deadly for the health of

the consumers but no action what so ever to check and

prevent the adulteration of food products is being initiated

by the Government of India and other state governments

throughout the country. 95% of the food products which

we consume in any form is adulterated with deadly

chemicals but no steps are being taken by the

Government and its authorities to overpower the menace

of food adulteration and even the perpetrators of such

inhuman crime are going scot-free and unpunished due to

the toothless laws relating to food adulteration in our

country. Besides, killing the innocent people, making the

citizens of our country seriously unwell the menace of food

adulteration is also eating away the economy of our

country and is tarnishing the image and reputation of our

country beyond repair in the eyes of the whole world. It is

the fundamental right of the citizens of this country to get

clean, hygienic and healthy life, but the same is being

battered and flouted due to the menace of food

adulteration which is creating havoc in the lives of the

citizens of this country. The Government of India and the

state governments and other responsible agencies have

miserably failed to control the menace of food adulteration

and it is only the Hon’ble Supreme Court of India which

can be the saviour of the citizens of this country from the

menace of food adulteration in India.

40. That the petitioner is not a way fairer, nor and interloper,

but a sensitive and sincere of the country and takes a keen

interest in the safety of his fellow countrymen.

41. That by way of the instant public interest litigation the

petitioner is seeking the indulgence of this Hon’ble Court

for direction to Government of India, State Governments

and other appropriate authorities like Health Ministry,

Ministry for Environment, Home Ministry, Ministry for

consumer affairs, food and Public distribution, Ministry of

Science and Technology, Ministry of Chemicals and

Fertilizers, Ministry of Food Processing Industries, Ministry

of Drinking water and Sanitation and Ministry of Law and

Justice to ensure the proper implementation of existing

laws, formation of new stricter laws and formation of

Agencies and Policies to fight the menace of rising

adulteration of food and other consumable products and

frame new policies and guidelines to stop and restrict the

rising problem of Adulteration of food and other

consumable products and in turn protect the precious lives

and health of the citizens of this country and also the

environment and economy of our country.

42. That the petitioner is not a way fairer, nor an interloper but

a sensitive and sincere citizen of this country and takes a

keen interest in the safety and health of the people of this

country and protection of the environment and economy of

this country.

43. That the public interest litigation is the only mode and

proper way to get the directions to the government of India

and other responsible departments to ensure the restriction

and stoppage of the increasing problem and menace of

Adulteration of food and other consumable products in our

country.

44. That the present public interest litigation is brought before

this Hon’ble Court not for the purpose of enforcing the right

of one individual against another but it is intended to

promote and vindicate public interest. It is for the

protection of health and safety of the valuable lives of the

numerous citizens of this country that the present public

interest litigation is being filed.

45. Thus, the petitioner is filing the present writ petition in the

form of Public Interest Litigation for kind consideration of

this Hon’ble Court on the following :-

GROUNDS

a) Because the Hon’ble Supreme Court has played an

important role in espousing the cause of poor, indigent

under trial prisoners, women, unorganized labour,

scheduled castes and schedule tribes and also in arena of

environmental pollution etc. by means of public interest

litigation.

b) Because the public interest litigation is the only way in this

case to get justice and safety to the lives of the innocent

masses.

c) Because by way of the present public interest litigation

the petitioner is trying to get vindication of the interest of

the lives of the people.

d) Because the present public interest litigation is purpose of

redressing public injury, enforcing public duty and

protecting the precious lives of the people.

e) Because by way of public interest litigation the issuing of

appropriate writs directions have resulted in the

amelioration of the lots of the people.

(Hussain ara Kahatoon Vs. State of Bihar (1980)-1 SCC 81).

f) Because the petition filed by the journalists and social

action group seeking judicial redress on behalf of

pavement dwellers of Bombay facing the threat of the

forcible eviction and demolition of their dwellings by the

Bombay Corporation this Hon’ble Court came to the

rescue of the lives of these people.

(Olga Tellis Vs. Bombay Municipal Corporation

1985(3) SCC 545)

g) Because in this case there is infringement of the

Fundamental Rights of the people under article 21 of the

Constitution of India.

h) Because in public interest litigation under Article 32 of the

Constitution of India. The Hon’ble Supreme Court is free to

devise any procedure to provide safety to the lives of the

people.

M.C. Mehta Vs. Union on India. 1987 (1) SCC 395

i) Because in this case it is the question of the precious lives

of the people of the whole country is concerned. It is due

to this reason the case is of paramount importance. It is

therefore, due to this reason that the respondents are the

chief secretaries of all the state of the Union.

j) Because in spite of the fact that the World Health

Organization and other specialised departments has

issued various warnings as well as various research

studies have pointed and concluded that the food

adulteration in India and its states is a serious matter of

concern and the same is resulting in loss of precious lives

of the citizens of this country and also the problem of

rising adulteration of food and consumable products is

destroying the economy of India but the Government of

India and the State Governments are not taking steps to

control the menace of rising food adulteration in every

part of the country. The problem of rising food

adulteration and other consumable products is

endangering the future of our nation and is also seriously

endangering the precious lives of almost 1.5 billion


k) Because there is no other appropriate solution to ensure a

check on the Government authorities about its preparation

to combat the rising menace of food adulteration and

adulteration of other consumable products which is

practically destroying the health and lives of the citizens

of this country and also majority of economy of our

country on which the life of the citizens of this country is

dependent.

l) Because the innocent lives of the citizens of the country is

at stake at present and the Government authorities are

acting callous and negligent hereby putting the lives of 2

Billion Indian citizens in danger. Besides zero

arrangements and action plan to control the rising menace

of food adulteration and adulteration of other consumable

products no guidelines and fresh laws have been made by

the Government in tie up with the State governments to

ensure proper check on the problem of rising food

adulteration which is literally killing the citizens of this

country and is also making them seriously unwell. The

fundamental rights under Article 21 of the Constitution of

India of the citizens of this country have been put at stake

due to the inaction of the government. Hence, the fresh

writ petition in the Public Interest.

m) Because the trend in this Hon’ble Court has been that

even by writing a letter by any citizen of the country

addressed to any Hon’ble Judge of this Court, the letter

was treated as Public Interest Litigation Hussainara Katoon

Vs. State of Bihar reported in (1980) 1 SCC 81.

n) Because this Hon’ble Court in its judgment of Adarsha

Shiksha Mahavidyala Vs. Subhash Rehang Dale has said

that any writ petition which is in the interest of public at

large and is for public cause shall be entertained by the

Supreme Court in form of public interest litigation.

o) Because this Hon’ble Court has also the tradition to

entertain the public interest litigation even on the basis of

the news appeared in any daily of the Country. Bandua

Mukti Morcha Vs. Union of India (1984) 3 SCC 161.

p) Because it is must to analyse the seriousness of the issue

of rising food adulteration and adulteration of other

consumable products as if not prevented at this stage it

can cause irreparable damage to the lives of the citizens

of this country and even to the basic infrastructure of this

country.

q) Because it is the necessity of the hour to formulate stricter

policies regarding food adulteration and its

implementation with the help of civic agencies and

agencies like police and also specialised agencies which

can search, seize and ensure the stricter punishment of

those people who indulge into adulteration of food and

other consumable products.

r) Because it is the need of hour to protect the health and

lives of the citizens of this country with more stricter laws

and policies which will not spare even the big guns who

are involved in the crime of adulteration of food and other

consumable products.

s) Because there is a need of specialised agency in every

part of the country with powers to immediately search,

seize the adulterated food items and more laboratories to

specially check and confirm the adulteration needs to be

formed in every city of the country to counter and restrict

the menace of adulteration of food and other consumable

items.

t) Because the present system and laws to tackle the

menace of adulteration of food and other consumable

items are not only inadequate but directly or indirectly

they are insufficient and toothless in controlling the

perpetrators of the crime of adulteration of food and

consumable products.

PRAYER

In the facts and circumstances of the case it is

therefore most respectfully prayed that this Hon’ble Court

may graciously be pleased to:-

a) Issue an appropriate writ order or direction directing

the respondent-Union of India and other respondents

to take immediate necessary steps to formulate fresh

laws and guidelines to control the problem of rising

food adulteration and adulteration of other

consumable products in every part of the country.

b) Issue an appropriate writ order or direction directing

the Union of India and the State Governments to

immediately take adequate steps to prevent and

solve the rising problem of food adulteration and

adulteration of other consumable products in India.

c) Issue an appropriate writ order or direction to Union

of India and all the respondents to ensure the closure

of those companies which are openly involved and

known for committing serious offence of adulteration

of food and other consumable products.

d) Issue an appropriate writ order or direction to all the

respondents to maximize the spread of information

regarding the steps to be taken by the citizens of

India in prevention of rising food adulteration and

adulteration of other consumable products

throughout the country.

e) Issue an appropriate writ order or direction to Union

of India and all the respondents to immediately form

a specialised agency like police which shall on

reporting search, seize and shall seal the hotels,

eateries, companies and units of other private parties

involved in any kind of adulteration of food and other

consumable products and also issue a centralised

number like 100 throughout the country to counter

menace of food adulteration.

f) Issue an appropriate writ order or direction to Union

of India and all the respondents to immediately

formulate the guidelines and limits regarding the use

of antibiotics, chemicals etc as per international food

standards and also immediately forfeit, seize and

destroy those food products which are known to be

violating the normal standards regarding use of

antibiotics and chemicals.

g) Pass such other further order or orders as this

Hon’ble Court may deem fit and proper in the

circumstances of this case.

AND

FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND, SHALL EVER PRAY.Drawn by:

Drawn and Filed by

Drawn on : 13.05.2015

Filed on : 13.05.2015

(J.P. Dhanda) Advocate for the petitioner

pil on food adulteration in india 1

Documents

rising food adulteration

adulterated food

single food

government of india

various agencies

right order

union of india air

socioeconomic justice