SC asks for report on steps taken over adulterated milk

The Supreme Court has asked the Commissioners of Food Safety of Delhi, Haryana, Uttar Pradesh and Rajasthan to be present in court Dec 5 and inform it about the steps taken by them to curb adulteration in milk in their states.

An apex court bench of Justice K.S. Radhakrishnan and Justice A.K. Sikri Tuesday directed the personal appearance of the Commissioners of Food Safety of the four states as the court was told that these states have not taken any steps to clamp down on large-scale milk adulteration.

"We have perused the affidavits filed by the parties.

"The various states have not explained what steps they have taken for the effective implementation of the provisions of the Food Safety and Standards Act, 2006 and the rules framed thereunder," the court said.

"Non-implementation of the provisions of the Act violates the right to health and safety of the human beings guaranteed under Article 21 of the Constitution of India," it said.

"In such circumstances, we are inclined to give directions to the concerned Officer In-Charge of the Food Safety and Standards in the States/NCT of Delhi, Haryana, Uttar Pradesh and Rajasthan to be present on the next date of hearing and explain to the court how they are functioning and what effective steps they are taking to implement the provisions of the Act and the regulations and explain their accountability."

It also said the implementation of the Food Safety and Standards Act must be done in a serious manner.

Justice Radhakrishnan said: "If they are not taking any steps, it is the violation of Article 21."

The court's observation came as Anurag Tomar appearing for PIL petitioner Swami Achyutanand Tirth told the court that these states were in a denial mode and have not taken any steps to check adulteration of milk.

In the course of the hearing, the court inquired as to what steps have been taken in the wake of the 2011 report of the Food Safety and Standards Authority of India (FSSAI).

As the court was told that the report was forwarded to the concerned states, the court asked if the centre was aware what action was taken on the report forwarded by it.

The counsel for the centre, Bina Tamta, sought time so that the centre could file a status report on the action taken by the state governments.

The court directed the presence of the Commissioners of Food Safety of the four states as it did not get any satisfactory response from the counsel representing them.

In 2011, the FSSAI had taken 1,791 samples from 23 states, from both urban and rural areas, and found that 68.4 percent (1,226) samples of milk were non-conforming to FSSAI standards.

The food safety and standards regulator told the court that its study also "indicated traces of detergent in some cases".

Even the centre had Oct 22, 2012, told the apex court that overwhelming quantity of milk being supplied in the market both in pouches and in loose form were not conforming to the quality standards laid under the Food Safety and Standards Act.

The court was hearing a PIL by Swami Achyutanand Tirth, head of the Bhuma Niketan Ashram in Haridwar, Uttarakhand, contending that "apathy and inaction" of the central government and the state governments in taking "effective and necessary" measures in curbing the sale of synthetic (chemically prepared) and adulterated milk was violative of the fundamental right to life guaranteed under Article 21 of the constitution.