SC denies plea on quality of packaged water, terms it 'luxury litigation'

Questioning the plea, CJI Kant asked where drinking water was even available in the country, noting that many people lack access to it and that concerns over the quality of bottled water come later

The Supreme Court on Wednesday dismissed a petition raising concerns over alleged failure to implement the international standard for packaged drinking water in India, terming the litigation as "luxury litigation", LiveLaw reported.

 

A two-judge bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was hearing a writ petition filed by Sarang Vaman Yadwadkar, seeking directions to improve standards applicable to packaged drinking water.

 

Questioning the premise of the petition, CJI Kant asked, "Where is the drinking water in this country, madam? People do not have drinking water; the quality of bottled water will come later on.”

 

 

Appearing for the petitioner, Senior Advocate Anita Shenoy, stated that citizens should at least be assured of receiving clean and safe packaged drinking water, and highlighted that the issue has a direct impact on public health. She cited Section 18 of the Food Safety and Standards Act, 2006, and added that the regulators are required to follow prescribed safety norms and that these statutory duties cannot be watered down.

 

The court remained unconvinced and, disagreeing with the submissions, the CJI noted that the plea reflected an "urban-centric" approach and added that people in rural areas have largely depended on groundwater. He said, "This is an urban-centric approach; the people in rural areas drink groundwater, and nothing happens to them."

 

The Bench said it would have been more persuaded if the plea had focused on villages that lack even basic drinking water facilities. Referring to demands about what should be printed on water bottles, CJI Kant said such matters amounted to “luxury litigation”.

 

After the counsel denied that the plea was a luxury litigation, CJI Kant noted that it overlooked the ground realities faced by citizens of the country. He questioned the counsel on whether the country would be able to introduce guidelines by the US, Japan, or the European Union, and added, "Let us face the ground realities of the country. Nobody takes up the cause of the poor; all this is a rich and urbanised phobia."