MADURAI: Observing that the Tamil Nadu government should bring in an amendment to book people involved in adulteration of food products under the Goondas Act, the Madras high court on Friday granted an interim injunction restraining the sale of edible oil in loose. Edible oil sold in loose is mostly adulterated and it would have serious consequences on the health of the consumers, the court said.
The court passed the order while hearing a public interest litigation filed by S Arunnithy, an advocate in Madurai who sought a direction to the authorities to ensure that the edible oils sold in the market are in accordance with the FSSAI standards and norms. He also sought action against the adulterers.
Senior counsel appearing for the petitioner submitted that by mixing a portion of cashew nut shell liquid (CNSL) in palmolein, it can be made equivalent to gingelly oil. Colour and odour will also match.
He further submitted that CNSL is used in manufacturing resin, paint and varnish as per study conducted. The long-term effect of consuming CNSL would lead to several health hazards including liver cell cancer.
Taking cognizance of the submissions, a division bench of Justice N Kirubakaran and Justice B Pugalendhi observed that data placed before the court was shocking. “We are afraid of the consequences of adulterated oil on the health of a common citizen,” the court said.
The judges observed that Right to Life is a fundamental right guaranteed under Article 21 of the Constitution and the right to have healthy food is also one of the fundamental rights. It is the duty of the government to ensure that the people are getting healthy food without any adulteration.
"The demonstration made before this court shows that such adulteration results in serious health hazards up to death. Unless very stringent measures are taken, it is very difficult to prevent such adulteration," observed the judges.
The judges also put forth a series of queries and sought response from the central and state governments. The queries are:
When the Food Safety and Standards (Prohibition and Restriction of Sales) Regulation, 2011, prohibits sale of edible oils on loose, how edible oils are allowed to be sold in loose?
What are all the consequences of these adulterations on the health conditions of the consumers? How many labs are available for testing in Tamil Nadu and other states?
District wise details for the past five years as to the number of tests have been carried out in edible oils and the results. How many test reports resulted positive for the presence of CNSL, peanut essence or any other mixtures?
What is the action taken as against the adulterers? How many cases have been registered under the Act for the past five years and what is the conviction rate?
In how many cases have the provisions of the Food Safety and Standards (Prohibition and Restriction of Sales) Regulations, 2011 been invoked? In how many cases have sections 59(3) & 59(4) of the Food Safety and Standards Act, 2006 been invoked?