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IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 8568/2010 UDAY FOUNDATION FOR CONGENITAL DEFECTS AND RARE BLOOD GROUPS ..... Petitioner Represented by: Mr.Neeraj Kishan Kaul (Amicus Curiae), Sr.Advocate with Mr.Sanyat Lodha, Ms.Akanksha Kaul, Mr.Kapil Rustagi, Ms.Silpa Nair and Mr.Amit Saxena, Advocates versus UOI and ORS. ..... Respondents Represented by: Mr.Rajeeve Mehra, Sr.Advocate with Mr.Ruchir Mishra and Mr.Aditya Malhotra, Advocates for R-1 Mr.Mirza Amir Baig, Advocate for Mr.Anjum Javed, Advocate for R-2 Ms.Monika Garg, Advocate for R-5 Mr.Mukul Rohtagi, Sr.Advocate, Mr.Ashok Desai, Sr.Advocate and Mr.Maninder Singh, Sr.Advocate with Mr.Dheeraj Nair, Mr.Gopal Jain, Mr.Alok Shankar and Ms.Smita Bhargava, Advocates for R-7 Mr.Ashok Desai, Sr.Advocate and Mr.Sanjay Jain, Sr.Advocate with Mr.Ajay Kohli, Mr.S.S.Sobti and Mr.Gopal Jain, Advocates for NRAI Dr.Abhishek Manu Singhvi, Sr.Advocate and Mr.Rajiv Nayar, Sr.Advocate with Ms.Kanika Agnihotri, Advocate for RAI CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PRADEEP NANDRAJOG O R D E R 04.09.2013 1. Issue of public importance being considered in the writ petition pertains to the dietary habit of school children in Delhi and in particular the public schools. The petitioner wants a policy to be framed regulating sale of ?junk food? not only within the precincts of the school but even within a distance of 500 meters of the schools. 2. The order dated January 11, 2012 records that the ?Food Safety And Standard Authority of India? (FSSAI) has been constituted under the Food Safety and Standards Act 2006. It is the statutory body charged with the duty to frame guidelines pertaining to quality of food. The order records that FSSAI has invited proposals from experienced agencies/organizations/institutions for development of guidelines to make available quality and safe food in schools. The order further records that a ?Notice to Call for Expression of Interest? has been published by FSSAI to hire a consultant who could develop guidelines for making available quality and safe food in school canteens. The order records that FSSAI will have to widen the scope of the work as also the study to take care of the other aspects raised in the petition. 3. Order dated August 29, 2012 records that Neilsen (India) Pvt. Ltd., a company having expertise in the field of survey and data analysis has been appointed as an agency to develop and submit the guidelines to make available quality and safe food in schools. 4. Order dated April 17, 2013 records that draft guidelines have been formulated by Neilsen (India) Pvt. Ltd. 5. Thereafter, the matter has been adjourned from time to time. 6. An issue has been raised today by learned counsel for the respondents pertaining to the directions in which the instant writ petition must proceed. 7. Whereas nobody can question the interest of the society in its children eating wholesome and nutritious food and abjuring eating ?junk food?, which may be consumed once in a while; to satisfy the tongue. Ordinarily, as a daily intake, wholesome and nutritious food should be consumed by the children. The ill effects of eating ?junk food? in today?s environ has been documented by public health experts as also paediatricians. The debate is : Whether FSSAI alone should be the body to frame the guidelines or should the body be more broad based and further should The Food Safety and Standards Act, 2006 be the sole guiding star. 8. A perusal of The Food Safety and Standards Act, 2006 would reveal that the legislative concern is with respect to preservatives, additives, contaminants and other chemicals used in processed food. The legislative intent is to ensure that processed food should be of a kind where public health is not adversely affected. The Act does not contemplate regulation of what we may call is a ?junk food?. 9. Issues pertaining to ?junk food? when eating the same becomes a dietary habit though pertain to health but in a different sphere vis-a- vis the concern for health in processed food. 10. Thus, the FSSAI would be permitted to take the help of experts in the field of not only public health but even those who are concerned with the dietary habits of the adolescent and the youth as also those who have expertise in controlling child obesity, child hypertension, child diabetes etc. i.e. such medical problems which are faced by children today which are the direct consequences of excessive consumption of ?junk food? by the children. 11. The report submitted by Neilsen (India) Pvt. Ltd. would at best be a take off point with reference to the data collected and analysed. 12. We find that under Section 11 of The Food Safety and Standards Act, 2006 the constitution of a Central Advisory Committee is envisaged which shall consist of members representing the interests of food industry, agriculture, relevant research bodies and all Commissioners of Food Safety. Vide sub-Section (3) of Section 11 representatives of the concerned Ministries and departments in agriculture, animal husbandry, dairying, bio-technology, commerce and consumer affairs have to be invited in the deliberations of the Central Advisory Committee. The cue therefore would be that pertaining to the dietary habit of school children in the context of excessive consumption of ?junk food?, the Central Advisory Committee, while preparing the draft guidelines, should consult not only the representatives of the industry but even experts in public health and especially health of a child; the adolescent and the youth. That would mean people having expertise on ?junk food? and its ill effects if consumed as a dietary habit be also associated while preparing the draft guidelines. 13. With respect to the representatives of the industry we find representation made before us by respondent No.7 and respondent No.8; representative bodies of those who have a commercial interest in ?junk food? and thus two representatives each of said respondents would also be associated while drafting the guidelines. 14. Draft guidelines be placed before us on December 04, 2013. 15. Hearing adjourned for December 04, 2013. CHIEF JUSTICE PRADEEP NANDRAJOG, J. SEPTEMBER 04, 2013 rk W.P.(C) No.8568/2010 Page 5 of 5
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