Open Access Research Article
FOOD ADULTERATION : IRREPARABLE DANGER TO PUBLIC LIFE BY: CHHARVI GROVER
Published Paper
Article Details
FOOD ADULTERATION : IRREPARABLE
DANGER TO PUBLIC LIFE
AUTHORED BY: CHHARVI GROVER
Abstract:
The research article here has drafted a fine calligraphy on how
Adulteration is impacting and causing irreparable danger to public health . In
India, it is very wider crimes which not only includes one particular crime of
adulteration it includes many forms of crime like corruption ,white collar
crimes etc . Food Adulteration is very harsh reality even the food is been
contaminated such for the huge profits . It's a frequently committed crime
which is taking place for personal gains . The research article has
significantly talked about adulteration provision ,its impact and how it is
draining the society at large economically. The Study is done with the purpose
to study the condition people are facing after consumption of such adulterated
food and it's efficienting and threatening for human life . The research has focused mainly on the laws
on adulteration and present situation along with a case study on various cases
. The research article has also cited the precedents and legal statutes that
talks about adulteration in food .
Introduction:
“Good food should be a right not a privilege”
The theories of Human Rights makes it
clear that, every human being born in the world are consist with certain
natural rights irrespective of the fact that they belong to the different
caste, colour, religion, sex, and place. Such natural rights are also known as
basic human rights of every individual of which the government or the
authorised entity holds the responsibility to protect such rights. Human Rights
Standards nationally as well as internationally has been improving its paradigm
with the changing world yet, studies have said that there are one point three
billion people in the world living in extreme poverty, one out of four human beings are living in
extreme poverty. These daunting figures certainly demolish the card-house of
human rights which has been built by the promoters and protectors of human
rights’ mechanism in the world till now. In India, the food Adulteration the
crime which is draining the society specially causing huge impact on social backward class of people and which
are considered to be the most vulnerable class of human being in India. The
Ministry of food and health is a
government body that looks after the protection good and health and conducts
surveys from time to time to know the status of economic and social growth of
such class of people but despite various majors and stringent provision the
practice of adulteration is one of the frequently committed crimes.
In India, the Constitution of India
is enshrined with various fundamental human rights and the provisions available
in it guarantee the people of India to protect them from the violation of their
fundamental rights.Right to food and health is included in right to life and personal liberty ., the Constitution
of India provides. .
What is adulteration
It is the process of mixing the food
with adultrant Adulteration is the act of making something impure or altering
its original form by adding materials or elements that aren’t usually part of
it, especially inferior ones.
It can also refer to a thing that has
been altered in such a way, or the state that that thing is in after having
been altered.
Adulteration is commonly used in the
context of food preparation and manufacturing in reference to the contamination
of food products with additives that make them impure in some way. There are
laws against adulteration, especially when the ingredients added may be harmful
to people’s health.
Adulteration of edibles foodstuffs is
frequent crime committed by businessman which is injurious to public health .
The sale and production of spurious drugs and sub - standard medicines by
manufacturers is yet another white collar crime which enables businessmen to
earn huge illegal profits .The evils has become so widespread and persistent
that it is difficult to get even air , water and light unpolluted .The constant
rise in price and cost of living has made the consumers cost - conscious .The
unscrupulous traders take undue advantage of the situation and provide
adulterated articles of food , drinks or drugs etc at a cheaper rate and earn
huge profits ,they even do not hesitate to add poisoning substances to food and
drinks which are dangerous for human life and against humanity .A number of
deaths are reported every year due to consumption of spurious liquor or food
poisoning.
In India, there are numerous
provisions enshrined into different statutes and laws that safeguard the rights
and lives of people and both the state
and central government is working head to toe to provide a better life and
equal economic and social status to the people but lacking in food protection .
The research article further is going to cover the study relating to common adulterants
used in various edibles and relating laws.
Common Adulterants
Such common Adulterants used to
contaminate the food are :-
? Injurious colours such as sucaryl ,
saccharin etc .in preparation of ice cream and kulfi
? Addition of blotting paper or soapstone
in paneer
? Geru , ratanjot and powdered husk of
rice or bran in powdered chillies and spices
? Coal - tar in batasha and other
sweets
? Horse dung , powdered bran in dhania
? Adding certain chemicals for faster
ripening of fruits.
? Mixing of decomposed fruits and
vegetables with the good ones.
? Adding certain natural and chemical
dyes to attract consumers.
? Mixing of clay, pebbles, stones,
sand, and marble chips, to the grains, pulses and other crops.
? Cheaper and inferior substances are
added wholly or partially with the good ones to increase the weight or nature
of the product.
These are only a few examples of
adulteration in food and drinks . Despite various laws and provision in Indian
Penal Code , Adulteration Act, Drug Act and NDPS the menace of adulteration
still subsists and laws have failed to eradicate this evil.
Laws related to Adulteration
Earlier there was no law governing
against the liability of food adulteration but after Donoghue vs. Stevenson
case which is also known as ginger bottle case, was a landmark judgment where
the House of Lords held that the manufacturer owes duty of care against the
consumer, he would be held negligent if there is violation of his duty. This
case became the base for providing relief under food adulteration.
Prevention of Food Adulteration Act,
1954 This Act defines when food will be considered adulterated.
? When a vendor sells a food article to
a purchaser which is not of the quality or substance and nature demanded.
? When it contains an unnatural
substance that is hazardous to health consumption.
? If any unnatural substance is added
partially or whole to the original product
Food Safety and Standard Act, 2006
Part IX of the Food Safety and
Standard Act (FSSA) contains penalties for offences related to the adulteration
of food, either directly or indirectly. Section 51 of the FSSA provides
punishment for persons who import, manufacture, store, sell or distribute any
substandard food item for human consumption. Accordingly, the punishment for
such an offence is a fine of five lakh rupees.
Section 54 of the FSSA provides
punishment for persons who import, manufacture, store, sell or distribute any
food item containing extraneous substances for human consumption. The
punishment for this is a fine of not more than one lakh rupees.
Further, section 57 of the FSSA
provides that if any person manufactures, stores, sells, imports or distributes
any adulterant that may be injurious to health will be liable to a fine of an
amount of not more than ten lakh rupees. And, if such adulterant is not
injurious to health, then the person will be liable to a fine of an amount not
more than two lakh rupees.
Furthermore, section 59 of the FSSA
provides punishment for manufacturing, selling, storing, distributing or
importing any food which is unsafe for human health but does not cause any
injury with imprisonment for not more than six months and a fine of an amount
not more than one lakh rupees. And, when such unsafe food causes non-grievous
injury, the person will be punished with imprisonment for not more than one
year and a fine of not more than three lakh rupees.
As per section 59 of the FSSA, if
unsafe food results in grievous (serious) injury, the person manufacturing,
selling, storing, distributing or importing will be punished with imprisonment
of not more than six years and a fine of not more than five lakh rupees. And,
if such unsafe food results in death, the person will be punishable with
imprisonment of not less than seven years, and it may also extend to a lifetime
and a fine of not less than ten lakh rupees.
Additionally, to ensure the
availability of safe and decent food for human consumption, the Food Safety and
Standard Authority of India (FSSAI) was formed in India to establish
science-based standards for food items and to control their manufacture,
storage, allotment, sale, and import.
Penal
When any manufacturer sales,
distribute, imports or stores any food article which is adulterated, he will be
liable under section 16 of the Prevention of Food Adulteration (PFA) Act, 1954
and will also be punished with imprisonment of 6 months and with a fine of
rupees 1000 under section 272 of IPC for selling adultrated food which are
dangerous for human being .
Case Study
' Pyarali K.Tejani v Mahadeo Ramchandra Dange AIR 1974 SC 228
In this case ,the accused was
convicted for the selling of adulterated ' supari' with prohibited sweetner
saccharin and cyclamate under Prevention of Food Adulteration Act 1954.
Ram Dayal and ors . Vs Emperor 1923
The accused was selling ghee with a
mixture of pig fat. The Privy Council held that the mixing of pig fat with the
ghee is noxious to the religious feelings of the Hindus and Mohammedans but it
would not come under the expression “noxious as food”. Noxious includes “
unwholesomeness or injurious to health but not repugnant to one’s feeling”.
Nestle
India Limited v. The Food Safety and Stlandards Authority of India (2015)
(the Maggi Case)
In this, the petitioner- company was
ordered to stop the manufacturing, distribution, etc of the 9 types of a
variant of products of noodles manufactured by the company. The court expressed
that the principle of natural justice was not followed. The company, a day
prior to the impugned order, recalled all the products till the authorities
were satisfied with the safety of the product. And it was also realised that
the laboratories where the products were tested for high quantities of lead,
were not accredited and recognised under the Act, and relying on their test result
would not be justified.
Conclusion
Adulteration is very henious crime
draining the society at large and contamination of food and drinks is such a
evil acts which is directly impacting the human health and safety ,they are
dieing because of food poisoning and contamination is at such extend which is
not only degrading health of human life but also degrading morals and humanity
grounds of the people at large It is essentially to stop and aware about
adulteration otherwise it will be completed threat to humans.
References
? Indian kanoon
? Scc online
? Books
Article Information
FOOD ADULTERATION : IRREPARABLE DANGER TO PUBLIC LIFE BY: CHHARVI GROVER
Authors: CHHARVI GROVER
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/05/06
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.