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LIST OF DATES AND EVENTS

The Honble Supreme Court of India has


played a positive role in espousing the
cause of the poor, indigent, under trial
prisoners, women, unorganized labour,
schedule caste, schedule tribes, in illegal
mining, in maintaining the balance of
environment, etc. Wherever there is a
malaise, and this malaise is hindering the
lives of the people, then this Honble
Court

has

been

pleased

to

issue

appropriate writ order or direction to put


the things in right order and to bring
ease and convenience to the lives of the
people.
Through the public interest litigation,
citizens seek judicial intervention in a
number of matters having the interest of
public at large.

Through this new jurisdiction, the


judiciary has under taken responsibility
as critics and monitors of the Govt. and
its various agencies and to give socioeconomic justice to the underprivileged
masses without actually interfering with
political administrative field or in the
legislative sphere.
S.P. Gupta Vs. Union of India AIR
1982 SC 49.
The Public Interest Litigation brings
justice to the doorsteps of the weak, the
unorganized and exploited sections of the
society who have no access to the courts
because

of

the

prohibitive

cost

of

litigation.
Public Interest Litigation is a means by
which justice percolates down to the
masses and made more accessible and

available to the poor and victim of


injustice.
There are many fields where the
Govt. has not taken proper steps to
ensure safety to the lives of the people.
Right

to

life

is

the

most

important

fundamental right of the people. If the


life is finished or destroyed then there is
no use of anything to facilitate and to
provide protection.
It is with extreme distress that the
petitioner
newspapers

has

been

regarding

reading
the

in

the

increasing

menace of food adulteration in India


which is literally driving the citizens of
this country to various health hazards
and also pre mature death which are
caused due to the illness caused by food
adulteration in India. The Government of
India and the State Governments have

failed miserably in controlling the rising


food adulteration throughout the country
as no strict steps are being taken to
prevent and check the food adulteration
in the country.
Be it access use of pesticides in crops,
use of deadly chemicals like calcium
carbide to prematurely ripen the fruits,
adulterated
cinema

food

halls,

manufactured

in

hotels,

adulterated
with

the

eateries,

milk
help

being
deadly

chemicals. There is not even a single


food or consumable item which can be
said to be safe for consumption in our
country and the same fact is the result of
zero laws to tackle and punish

the

serious offence of food adulteration which


is rising like growing population of our
country.

The menace of food adulteration has


captured our country in such a manner
that if it is not controlled within a year or
two it will be the biggest reason of
premature deaths in our country as all
the diseases like diabetes, hypertension,
heart attacks, various forms of cancers
are directly or indirectly related to the
food which we consume today. The laws
to tackle the serious problem of food
adulteration

are

so

vague

and

the

agencies which are responsible to control


the menace of food adulteration are
directly or indirectly working in hands
and gloves with the companies, hotels,
big shopping marts, cinema halls, food
adulteration mafia as a result of which
the offenders are fearless in committing
the offence of food adulteration as they
have no fear of law or any agency who

can punish them for the wrongs which


they are continuously doing and in the
process the precious lives of the citizens
of this country is being put at stake for
no fault of them.
Today we ask our children to drink lot
of

milk

and

have

fruits

and

green

vegetables for their proper growth and


for their better future but knowingly or
unknowingly the future of this country is
being put at stake by us as the rising
problem

of

food

adulteration

is

destroying the health of growing up


children and also the health of other
citizens of this country and the main
reason

of

this

problem

of

food

adulteration on rise is due to the lack of


proper laws and lack of any sort of
implementation on the existing laws.

Every day in newspapers and news


channels

various

incidents

of

food

adulteration like lizard in midday meal,


use of calcium carbide for early ripening
of mangoes and other fruits, production
of

synthetic

milk

and

other

dairy

products, food poisoning episodes in big


hotels are reported but no exemplary
action is taken against those so called
hotels,

companies

adulterated

food

which

products

produce
and

other

perpetrators who commit and continue to


commit

these

offences

against

the

citizens of this country. The present laws


to tackle the menace of food adulteration
needs to be changed urgently and more
stringent laws need to be made and
implemented as if not controlled the
menace

of

permanently

food

adulteration

deface

the

will
future

generations and their health and will


become

the

reason

of

innumerable

deadly diseases which we the citizens of


this country will have to face due to the
callousness of the Government of India
and the State Governments. It is the
duty of the State Governments and the
Government

of

India

to

ensure

the

proper implementation of laws related to


food adulteration but it is surprising that
whatever

few

laws

related

to

food

adulteration have been made are also not


being

implemented

adulteration

in

food

to
and

prevent
consumable

items in the country and if more stricter


laws related to food adulteration are not
made and implemented then it will result
into an irreparable loss of precious lives
of the citizens of this country and future
generations which are coming will no

longer be able to live healthy or survive if


concrete steps are not taken to prevent
and restrict the food adulteration in our
country.
In India there are very few laws
which have been passed to control the
rising

adulteration

in

food

and

consumable items in this country and the


irony is that no steps what so ever are
being taken by the Government of India
and other State Governments to even
implement

those

insufficient

laws

whereas the need of the present hour is


to pass and implement more stricter laws
relating to food adulteration and even
other

kinds

country.

of

adulterations

According

to

in

various

this
news

articles and researches by the experts


the food adulteration is causing serious
health problems to the citizens of this

country and many other health related


problems like diabetes, various kinds of
cancers,

heart

diseases,

paralysis,

blurred vision, anaemia, abortion, brain


damage, stomach infections, diarrhoea,
abdominal pain etc.
The

rising

problem

of

food

adulteration strictly needs to be checked


into by passing serious laws related to
controlling

food

adulteration

and

the

same can only happen when this Honble


Court intervenes into the matter as any
positive

revolution

which

has

been

bought into the system of our country


has

happened

Supreme

Court

only
has

when

Honble

intervened

and

passed certain laws and guidelines to


govern this country. Be it guidelines in
Vishakhas case on Sexual Harassment at
work place, be it guidelines and laws

regarding Police working and liability of


State in Neelbati Behras case, Be it laws
relating

to

environmental

pollution

control. The Honble Apex Court has


played a pivotal role in guiding the
progress of our country and ensuring the
protection of the rights of the citizens of
our country. It is the urgent need of the
hour

that

the

Honble

Apex

Court

intervenes in the issue of rising food


adulteration in the country and is leading
to innumerable loss of precious lives of
the citizens of this country.
The Government of India and the
State

Governments

are

not

doing

anything to ensure the protection of the


lives of the citizens of this country from
the rising menace of food adulteration. To
save the lives of its citizens is the prime
duty of the Government of India and the

State Governments but not even an iota


of new laws and positive efforts are being
done to restrict the problem of rising
food adulteration in every state of this
country. The Government needs to frame
stricter laws to punish those who commit
the

offence

flouting

of

rules

food
and

adulteration
laws

by

already

in

existence. It is an urgent need that not


only

civic

authorities

and

food

department but other law implementing


agencies like police should also give a
helping

hand

in

ensuring

the

implementation of the laws related to


controlling

the

problem

of

food

adulteration in the country.


That the petitioner is a lawyer in the
Supreme Court of India. He has been
reading continuous newspaper reports
and news on the rising problem of food

adulteration which is resulting in the loss


of precious lives of the citizens of this
country and is also destroying the future
generations and the rising problem of
food adulteration is being ignored by the
Government

of

India

and

the

State

Governments. It is unfortunate that the


civic

authorities,

health

department,

police department, food department and


other

concerned

departments

to

implement the laws related to controlling


of food adulteration. It is flabbergasting
that the food adulteration problem has
become so rampant for quick money that
almost

every

possible

agency

which

needs to control the menace of food


adulteration seems to be ignoring every
possible news article which is published
citing various incidents and episodes of
food adulteration as a result of which be

it fruits, vegetables, milk, dairy products,


water not even a single consumable item
is adulteration free in our country which
is the matter of shame and concern for
every citizen of this country. The food
adulteration

is

causing

diseases

like

diabetes, various kinds of cancers, heart


diseases,

paralysis,

blurred

anaemia,

abortion,

brain

vision,
damage,

stomach infections, diarrhoea, abdominal


pain etc. and these diseases are not only
limited to elders but are also catching the
little and grown up children who are
future of this country.
The

problem

besides

health

of

food

adulteration

problems

is

also

responsible for loss in economy as every


developed
grains,

nation

fruits,

consumable

who

imports

vegetables

item

from

and
our

food
other

country

restricts the import on the knowledge of


food adulteration which is rampant in our
country.

It

is

surprising

and

rather

flabbergasting that many big companies


like nestle, dabur and many other major
companies export totally different quality
products which are better in quality than
the products which they supply in the
Indian market for the consumption of the
citizens of this country.
The problem of food adulteration and
adulteration of other consumable items
causes a loss of billions of dollars to our
country as the foreign nations do not
tolerate the menace
adulteration
Besides

loss

in
of

their

of any sort of
food

foreign

products.

revenue

the

menace of food adulteration and other


consumable

items

causes

loss

of

exchequer worth thousands of crores


within India also.
It is the duty of Government of India
and the State Governments to ensure the
implementation of laws to restrict and
curb

the

rising

menace

of

food

adulteration and adulteration of other


consumable items. It is the duty of the
government to provide clean and healthy
environment

with

proper

and

safe

nourishment for proper survival of the


citizens of this country. It is also the duty
of

the

Government

to

prevent

the

destruction of the health and lives of the


citizens of this country but no efforts are
being made by the Government of India
or the State Government to protect the
health and lives of the citizens of this
country and also protect the economy of

our country on which the citizens of this


country are also dependant.
That the petitioner is highly spirited
and law abiding citizen of the country.
The petitioner is really interested that
something promptly be done by the
Government for the safety of the people
to check and prevent the rising menace
and problem of food adulteration and
adulteration of other consumable items
which is literally killing the innocent
citizens of this country and is even
endangering the future generations to
come.
By way of the instant public interest
litigation the petitioner is seeking the
indulgence

of this Honble

Court

for

direction to Government of India, State


Governments

and

other

appropriate

authorities like Health Ministry, Ministry

for Environment, Home Ministry, Ministry


for food and agriculture to ensure the
proper implementation of existing laws
regarding controlling the menace of food
adulteration and frame new laws and
policies to restrict the rising problem of
food

adulteration

and

adulteration

of

other consumable items and in turn


protect

the

health

and

lives

of

the

citizens of this country and also the


economy of our country.
The petitioner is not a way fairer, nor
an interloper but a sensitive and sincere
citizen of this country and takes a keen
interest in the safety of the people of this
country and protection of the health and
lives of the citizens of this country and
also the economy of our country.
The public interest litigation is
the only mode and proper way to get the

directions to the government of India and


other responsible departments to ensure
the prevention of the increasing problem
and menace of food adulteration and
adulteration of other food items in our
country.
The present public interest litigation is
brought before this Honble Court not for
the purpose of enforcing the right of one
individual

against

another

but

it

is

intended to promote and vindicate public


interest. It is for the protection and
safety

of

the

valuable

lives

of

the

numerous citizens of this country that the


present public interest litigation is being
filed.
27.06.2005

A detailed news article appeared heading


Poison in their veins in which according
to detailed research it was found by
Centre for Science and Environment that

the blood samples of people from Punjab


contained very high levels of pesticides
and all the pesticides are deadly ones.
The misuse of pesticides in growing crops
is rampant throughout the country. There
have been episodes in various parts of
India in which after consuming fresh
vegetable juice people have lost their
lives due to severe poisoning and on
many occasions the complaint of food
poisoning have been reported. In India
the concerned authorities which regulate
and control the use of pesticides on crops
do not work at all to check the misuse
and excess use of pesticides for growing
crops throughout India as a result of
which the health of the citizens of our
country is being put at stake as excess
use of pesticides in growing fruits and
vegetables

is

resulting

into

deadly

diseases which the people of India are


suffering with as a result of lack of
supervision and loss concerning the use
of

pesticides

in

growing

fruits

and

vegetables. The Government of India and


the State governments are not taking
any

appropriate

implement

the

steps
existing

to

strictly

laws

and

implement new laws regarding regulating


the use of pesticides in growing fruits
and vegetables and other crops in our
country.
16.9.2010

detailed

news

article

appeared

in

leading newspaper named DNA titled


Honey contaminated with antibiotics;
Milk, Meat maybe next in this article a
disturbing report was published in which
according to Centre for Science and
Environment almost all the companies
which

produce

honey

like

Dabur,

Himalaya, Baidyanath and Khadi and


many other brands have disturbingly high
level of antibacterial compounds in the
bottled honey these companies produce.
In our country there are no standards on
antibiotic contents in honey meant for
domestic market though the commerce
ministry has a superfluous standard for
use of antibiotics in bottled honey. In our
country antibiotics used to save human
lives by killing disease causing germs are
being

widely

abused

by

farmers

as

growth promoters for cattle and poultry


as a result most of the milk, eggs, and
meat consumed in cities contains very
harmful

levels

of

antibiotics.

The

uncontrolled use of antibiotics causes


diseases like cancer, liver injury, blood
change, bone damage, genetic defects in
children and cardiac problems and also

the bodies become resistant to wide


variety

of

disturbing

antibiotics
as

which

becoming

is

really

resistant

to

antibiotics will not save a person from


deadly

diseases

when

such

dose

of

antibiotics is given to that person as


gross

misuse

of

antibiotics

in

food

products practically makes the human


body drug resistant.
31.08.2010

A detailed

article by an international

magazine was published on 31.8.2010


titled Food adulteration a rising problem
in India. In the said article the rising
problem of food adulteration in India has
been extensively discussed. According to
Public Health Foundation of India in its
report has mentioned that 80% of all
premature deaths in India are due to
contaminated food and water. In the said
article it is mentioned many forms of

adulteration be it fruits and vegetables or


adulterated spices used for cooking has
been discussed, it has also been said in
the published article that the monitoring
mechanism in our country is not very
strong to check properly the adulteration
in various food products which is being
consumed by the citizens of this country
with a faith that the big companies like
Dabur etc. are producing healthy food
products. It is surprising that despite of
the knowledge that these big companies
are producing deadly food products no
action what so ever is taken against
these

countries

which

play with

the

precious lives of the citizens of this


country just for monetary benefits. It is
also

shocking

that

the

regulatory

authorities are working hands in gloves


for their ulterior motive hereby putting

the lives of the citizens of this country in


danger. It is the duty of India and the
State governments to constitute proper
regulatory authorities and standards to
finish the menace of food adulteration in
our country and permanently close those
companies which indulge in the habit of
food

adulteration

for

their

monetary

benefits. It is also the need of the hour to


set certain standards in consultation with
international food standards regarding
the use of antibiotics in dairy, honey,
meat and other consumable products. It
is also the need of the hour to punish the
perpetrators of adulteration with serious
body offences like attempt to murder,
culpable homicide, amounting and not
amounting to murder and other serious
criminal charges as the food adulteration
in

every

aspect

leads

to

the

death

through various diseases of the citizens


of this country. It is also the need of the
hour that specialised departments for
raids, search and seizure with tie up of
chemical

laboratories

to

identify

adulteration are made and instantaneous


and

quick

actions

should

be

taken

throughout the country to tackle the


menace

of

food

adulteration

in

our

country.
19.10.2011

On 19.10.2011 a news article appeared


in a leading magazine named India Today
titled Delhi : Adulterated sweets flood
markets ahead of Diwali in the said
article the menace of adulterated sweets
before Diwali has been discussed. It is a
painful reality that India being a multicultural

and

multi-religion

country

throughout the year joy and happiness of


various festivals is there. The use of

sweets for various religious festivals is


common in our country and for monetary
benefits use of adulterated and spurious
dairy products for making such sweets
also become rampant throughout the
country. It is surprising that Government
does not take any action throughout the
country to tackle this menace of food
adulteration by booking the offenders
with huge penalties and serious criminal
charges so that it deters and discourages
such offenders from playing with the
precious lives of the citizens of this
country. The kind of food adulteration
which exists in our country with full force
and courage does not even exists in
those countries where even the basic
food supply is below the requirement
standards such as countries like Sudan,
Nigeria, Sierra leone and many other

undernourished nations. It is surprising


that the Government has failed at all
levels in controlling the menace of food
adulteration in our country as the food
adulteration itself has become multibillion dollar industry in our country and
if not stopped the menace of the food
adulteration shall wipe out the future
generations to come in our country.
10.1.2012

A news article was published on 10.1.


2012 by a leading newspaper Times of
India titled 70% of Milk in Delhi, country
is adulterated. The said article talks
about 70% of the milk substandard and
adulterated throughout the country. 71
samples were randomly collected by Food
Safety Standards Authority of India and
out of that 51 samples were found to be
contaminated with glucose and skimmed
milk powder which is added to milk in the

lean

season

to

enhance

volumes.

Throughout the country the samples of


milk were collected and those samples
were

found

adulterants

to

be

like

adulterated
fat,

with

neutralizers,

hydrogen peroxide, sugar, starch, urea,


detergent, formalin and vegetable fat. It
is painful and heart breaking that we all
drink milk and give it to our children and
even to our new born babies thinking it
will help them in proper growth of the
children and shall maintain our health but
it

is

more

than

disturbing

that

the

perpetrators of food adulteration which


involve the big milk producing companies
are destroying the health of the citizens
of this country with open courage as the
Government

of

India

and

state

governments have miserably failed in


tackling

the

mafia

involved

in

the

adulteration of milk and dairy products.


It

is

deeply

companies

disturbing

which

are

that

these

involved

in

adulteration of milk and dairy products


are progressing steady fast by destroying
the health of innocent citizens of this
country.

The

Government

rather

is

enjoying its booty from these companies


as a result of which these companies are
fearlessly indulging in the adulteration
practice of milk and dairy products just
because the reason that our government
is sleeping over this issue. Even the basic
food products like milk, water, fruits,
vegetables
consumable

and

spices

products

and
are

other
being

adulterated beyond control and all the


agencies have become muke spectators
to the sufferings of the citizens of this
country

as no action what so ever is

being taken against the perpetrators of


food adulteration of our country.
7.1.2013

On 7.1.2013 a news article appeared in


leading

newspaper

Pesticides

residue

The
mars

Hindu

titled

horticulture

exports, as per the article India has an


annual production of 75 million tonnes of
fruits

and

vegetables

147

million

making

India

tonnes
a

of

largest

horticultural producer in the world. It is


disturbing that India as an exporter of
horticultural produce has failed miserably
due to absence of clear public food safety
standards

and

good

agricultural

practices. It is due to the rampant use of


pesticides

excessively

for

horticultural

produce the foreign countries especially


Europe

does

not

allows

the

Indian

horticultural produce to enter into their


market. If the Government takes the

necessary

steps

in

controlling

the

rampant and excessive use of pesticides


on crops, fruits and vegetables not only it
will help in improving the health of the
citizens of this country it will also help
the economy of our country in a very big
manner as standardising and regulating
the use of pesticides on horticultural
produce will improve the reputation of
India for exports globally which in turn
will boom the economy of our country.
29.4.2013

A news article appeared in The Times Of


India titled Fruit juice not packed not
only with goodness and Health. It is
discussed

in

this

article

that

contaminated and adulterated fruit juice


causes diseases such as tooth decay,
diarrhoea, dysentery, typhoid, jaundice,
diabetes, obesity and endless list of
ailments.

The

big

companies

which

produce the packaged fruit juices are not


checked by the regulatory authorities
regarding the use of various types of
chemicals which is used to preserve and
pack the so called the fresh fruit juices,
the use of which is rampant in our
country as we feel the packaged fruit
juices are safe and healthy to drink. It is
surprising these big companies hire big
film stars to promote their juices and
blindly believing we innocent citizens
drink these adulterated fruit juices which
results into serious health hazards. In
European countries the packaged fruit
juices are disposed off once they reach
the expiry date but in our country those
expiry dates are only changed hereby
keeping that fruit juice fresh forever
which results into serious health hazards
but these big companies care least for

the health hazards as the government


regulatory authorities have no checks
what so ever on these companies

as a

result of which these companies freely


play with the lives and the health of the
innocent citizens of this country. It is
must and need of the hour to keep
constant check on such companies which
produce food products to ensure good
quality of such products which in turn will
benefit the millions of citizens of our
country.
15.3.2013

A news article appeared in a leading


newspaper The Times of India titled
Adulterated road side juices sell despite
health alerts. In the said article the
harmful effects of the sale of juices at
roadside have been discussed. In our
country

almost

every

city

there

are

roadside juice stalls and eateries which

run without any licenses and check from


health and safety departments despite
settled law and guidelines the unsafe
roadside eateries and juice stalls are
flourishing throughout the country. Due
to lack of ant kind of check on these juice
stalls and eateries the health of millions
of citizens of this country is put at stake.
It is the urgent need to formulate policies
regarding checks on these roadside juice
stalls

and

eateries

to

ensure

better

health standards and food quality rather


valid licences should be given to such
eateries and juice stalls to end the
corruption which is rampant to run such
eateries and juice stalls illegally as the
civic

authorities,

concerned

police

departments

and
indulge

other
into

bribery to let these so called eateries and


food stalls run throughout the country. If

at all guidelines are made to check and


regulate and even regularise these food
stalls and eateries proper food and health
standards can be maintained. If the
corruption involving these roadside juice
stalls and eateries is finished by giving
valid

licences

to

them

and

ensuring

proper food and safety checks at regular


intervals

on

such

juice

stalls

and

eateries. Every citizen of this country


does not have that kind of money which
enables them to eat at posh food joints,
majority of the citizens of this country do
like to eat at roadside dhabas, food
stalls, juice stalls and to ensure hygienic
and healthy food at such roadside joints
steps

need

to

be

taken

to

abolish

corruption and hafta system of various


agencies which ensure the running of
such joints illegally and in turn lead t use

of adulterated food articles to cover up


the money given as hafta or bribe for
running such roadside food stalls. It is
must to ensure proper safety, health and
hygiene standards in such food stalls and
roadside joints so that the health of
citizens at large is not affected badly and
rather health of the citizens of this
country is maintained properly.
17.7.2013

A news article appeared on 17.7.2013 in


NDTV, a famous news channel regarding
death of 20 school children after food
poisoning

due

to

poisonous

and

adulterated midday meal was served to


them in Patna, Bihar.
02.08.2013

A news article appeared in a leading


internet paper named First Post titled
Odisha - Dead lizard found in midday
meal for second time in a week. The
problem of adulterated and poisonous

food in the midday meal scheme given to


children is a common thing to be heard
and since its inception the scheme has
not

been

handled

properly

by

the

government of India as well as the state


governments. In past few years hundreds
of innocent children have lost their lives
due to poisonous and adulterated food
which is served to school children under
midday meal scheme. It is surprising and
shocking that the Government besides
holding an enquiry does not punishes the
concerned authorities and officials, who
serve this poisonous and adulterated
food to small school going children. It is
the need that liabilities in case of such
incidents

be

fixed

on

the

school

authorities and criminal offences should


be registered in case of midday meal
poisoning is reported in any part of the

country against the concerned school


officials and authorities. Proper guidelines
need to be framed for procurement of
healthy food for the children who are
served food in midday meal scheme.
04.04.2014

On 4.4.2014 a news article appeared in a


famous newspaper The Hindu titled Use
of calcium carbide rampant to ripen
mangoes. It was mentioned in the article
the trend which is rampant throughout
the country that is the use of calcium
carbide to ripen the mangoes artificially.
The use of this chemical in ripening the
mangoes quickly for monetary benefit is
leading cause of various forms of cancer
in human body and also destruction of
stomach

lining

of

human

body.

In

summer season as well as beyond the


season
ripened

of

mangoes
mangoes

calcium
are

carbide
available

throughout the country. There is no


check on the fruit vendors as well as the
farmers who stoop so low for money that
they endanger the lives of the citizens of
this country by using chemicals like
calcium carbide for ripening the mangoes
so quickly. It is the need of the hour to
register criminal offences such farmers
and vendors who indulge in such criminal
and inhumanly activities. Last year the
export of alphonso mangoes was banned
by European nations for the same reason
of use of calcium carbide and other
dangerous

chemicals

for

prematurely

ripening the mangoes which resulted into


the loss of millions of dollars to our
country, besides bringing ill repute to our
nation and the same loss of reputation
cannot be valued in money. It is a reality
that 80% of the mango available in the

market

is

ripened

with

the

help

of

chemicals like calcium carbide and the


same is going unchecked due to the
callousness

and

Government

of

lethargy
India

and

of

the

the

state

governments.
07.05.2015

news

article

dated

07.05.2015

appeared in a famous newspaper Indian


Express titled Why you must think twice
before biting into that fresh apple. It is
mentioned in the said article regarding
the use of pesticides in green vegetable
and use of chemical wax on apples to
make them shine. According to The
Environmental
Organisation

group,
which

an

focuses

American
on

toxic

chemicals in fruits and vegetables takes


out an annual dirty dozen list of foods of
India

and

in

that

cucumber,

apple,

peaches, strawberries, grapes, spinach

and potatoes find their names in that list.


It is flabbergasting the way for monetary
gain

few

farmers,

companies

and

vendors are endangering the precious


lives of the citizens of this country
without any check on them from the side
of government be it Government of India
or the concerned state governments. The
laws related to food adulteration, check
on food adulteration and punishment for
committing such food adulteration are
totally vague, ineffective and on top of it
the Government of India and the state
Governments are not taking any action to
check and control the rising menace of
food adulteration in our country.
11.05.2015

An internet article appeared on famous


internet site named Google in which the
crucial

information

adulteration,

regarding

food

common

adulterants/contaminants

in

food

and

simple screening test for their detection


is

given.

list

adulterants/contaminants

of
in

injurious
food

and

their health effects have been given.


May 2015

The

menace

of

food

adulteration

is

getting out of control day by day in our


country as the implementation of existing
laws regarding food adulteration are not
at

all

being

implemented

by

the

government authorities throughout the


country.

Fruits,

vegetables,

dairy

products, consumable items like spices,


grains, honey, edible oil and many other
food

products

are

reaching

the

consumers in totally adulterated form


which is deadly for the health of the
consumers but no action what so ever to
check and prevent the adulteration of
food products is being initiated by the

Government of India and other state


governments

throughout

the

country.

95% of the food products which we


consume in any form is adulterated with
deadly chemicals but no steps are being
taken

by

the

Government

and

its

authorities to over power the menace of


food

adulteration

and

even

the

perpetrators of such inhuman crime are


going scot-free and unpunished due to
the toothless laws
adulteration

in

our

relating to food
country.

Besides,

killing the innocent people, making the


citizens of our country seriously unwell
the menace of food adulteration is also
eating away the economy of our country
and

is

tarnishing

the

image

and

reputation of our country beyond repair


in the eyes of the whole world. It is the
fundamental right of the citizens of this

country

to

get

clean,

healthy life, but the

hygienic
same

and

is being

battered and flouted due to the menace


of food adulteration which is creating
havoc in the lives of the citizens of this
country. The Government of India and
the

state

responsible

governments
agencies

and

have

other

miserably

failed to control the menace of food


adulteration and it is only the Honble
Supreme Court of India which can be the
saviour of the citizens of this country
from the menace of food adulteration in
India.\
13.5.2015

Hence

the

instant

Public

Interest

Litigation for kind consideration by this


Honble Court.

IN THE SUPREME COURT OF INDIA


CIVIL WRIT JURISDICTION
WRIT PETITION CIVIL NO.

IN THE MATTER OF:

OF 2015

Vineet Dhanda
S/o J.P. Dhanda
Chamber No. 66,
Bhagwan Dass Road
Supreme Court Compound
Supreme Court of India
New Delhi
...Petitioner
VERSUS
1.

Union of India
Through the Secretary
Home affairs North block, New Delhi

2.

Union of India through the


Secretary Ministry of Environment, Forests and Climate
Change, Paryawaran Bhawan, CGO Complex,
Lodhi road, New Delhi- 110003

3.

Union of India through the


Secretary Department of Health and Family Welfare
Nirman Bhawan, C-Wing, New Delhi -110001

4.

Union of India through the


Secretary Department of Home, Room no. 113,
North Block, New Delhi -110001

5. Union of India through the


Secretary Department of Consumer Affairs, Food and Public
Distribution,
Krishi Bhavan, Dr. Rajendra Prasad Road,
New Delhi - 110001
6.

Union of India
Through the Secretary
Ministry of Agriculture
Krishi Bhavan, Dr. Rajendra Prasad Road,

New Delhi 110001


7.

Union of India
Through the Secretary
Ministry of Chemicals and Fertilizers
Shastri Bhavan, Dr. Rajendra Prasad Road,
New Delhi 110001

8.

Union of India
Through the Secretary
Ministry of Law & Justice
Shastri Bhawan, Dr. Rajendra Prasad Road,
New Delhi 110001

9.

State of Andhra Pradesh


Through the Chief Secretary
Secretariat Hyderabad
(Andhra Pradesh)

10. State of Assam


Through the Chief
Secretary Secretariat
Dispur (Assam)
11. State of Arunachal Pradesh
Through the Chief Secretary
Arunachal Bhawan, Chanakyapuri
New Delhi
12. State of Bihar
Through the Chief
Secretary Secretariat
Patna (Bihar)
13. State of Chhattisgarh
Through the Chief
Secretary Secretariat
Raipur (Chhattisgarh)
14. State of Goa

Through the Chief


Secretary Secretariat
Panan(Goa)
15. State of Gujarat
Through the Chief
Secretary Secretariat
Gandhi Nagar (Gujarat)
16. State of Haryana
Through the Chief
Secretary Secretariat
Chhattisgarh
17. State of Himachal Pradesh
Through the Chief Secretary
Secretariat Shimla (H.P)
18. State of Jammu & Kashmir
Through the Chief Secretary
Secretariat
Srinagar (J & K)
19. State of Jharkhand
Through the Chief Secretary
Secretariat
Ranchi (Jharkhand)
20. State of Karnataka
Through the Chief Secretary
Secretariat
Bangalore (Karnataka)
21. State of Kerala
Through its Chief Secretary
Secretariat
Thiruvananthapuram (Kerala)
22. The State of Madhya Pradesh
Through the Chief Secretary

Secretariat
Bhopal (M.P)
23. State of Maharashtra
Through the Chief Secretary
Secretariat
Mumbai (Maharashtra)
24. State of Manipur
Through the Chief Secretary
Secretariat
Imphal (Manipur)
25. State of Meghalaya
Through the Chief Secretary
Secretariat
Shilong (Meghalaya)
26. State of Mizoram
Through the Chief Secretary
Secretariat
Aizwal (Mizoram)
27. State of Nagaland
Through the Chief Secretary
Secretariat
Kohima (Nagaland)
28. State of Orissa
Through the Chief Secretary
Secretariat
Bhubneshwar(Orissa)
29. State of Punjab
Through the Chief Secretary
Secretariat
Chandigarh, Punjab
30. State of Rajasthan
Through the Chief Secretary

Secretariat
Jaipur (Rajasthan)
31. State of Sikkim
Through the Chief Secretary
Secretariat
Gangtok (Sikkim)
32. State of Tamil Nadu
Through the Chief Secretary
Secretariat
Chennai (Tamil Nadu)
33. State of Tripura
Through the Chief Secretary
Secretariat
Agartala (Tripura)
34. State of Uttarakhand
Through the Chief Secretary
Secretariat
Dehradun (Uttrakhand)
35. State of Uttar Pradesh
Through the Chief Secretary
Secretariat
Lucknow (U.P.)
36. State of West Bengal
Through the Chief Secretary
Secretariat
Kolkata (West Bengal)
37. State of Telangana
Through the Chief Secretary
Secretariat
Hyderabad
38. Union Territory of Chandigarh
Through the Home Secretary

U.T. (4th Floor)Secretariat, Sector-9, Chandigarh


39. Government of NCT of Delhi
Through the Chief Secretary
Secretariat
I.P. State, New Delhi
...RESPONDENTS
AND IN THE MATTER OF:PETITION

UNDER

ARTICLE

32

OF

THE

CONSTITUTION OF INDIA FOR ISSUANCE OF AN


APPROPRIATE WRIT ORDER OR DIRECTION TO
THE RESPONDENTS

TO
THE HONBLE CHIEF JUSTICE OF INDIA AND
HIS HONBLE COMPANION JUSTICES OF THE
HONBLE SUPREME COURT OF INDIA AT
NEW DELHI
THE

HUMBLE

PETITION

OF

THE

PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:1. That the petitioner is a practising Advocate in the Honble
Supreme Court of India. The petitioner is filing the present

petition in Public Interest, when it has been seen that the


authorities of the government are not taking proper steps
to control the menace of rising food adulteration in every
part of the country. Despite various warnings from World
Health Organisation and other research departments the
Government of India and Other State Governments are
taking

no

initiative

in

framing

new

laws

for

food

adulteration and also no initiatives are being taken by the


Government to control and restrict the rising menace of
food adulteration and adulteration of other consumable
food products like fruits, vegetables, dairy products,
edible oils, honey, meat, spices and pulses etc throughout
the country. The rising problem of food adulteration in all
parts of the country besides killing innocent citizens is also
reason behind various deadly diseases like cancer, lung
disorders,

Respiratory

ailments,

stomach

ailments,

diabetes, heart problems and other serious ailments which


result into premature death of the citizens of this country.
The rising problem of food adulteration is also affecting
the economy of this country badly as the problem of food

adulteration according to a study has resulted into the


decrease of horticulture export though India is the biggest
country as far as the horticulture produce is concerned.
1 (A)
That the petitioner, has not approached any
Authority for the same relief i.e., for setting guidelines and
framing new and stricter laws to control the menace of
rising food adulteration in all parts of the country and take
immediate corrective steps to control and restrict the food
adulteration in the country. That the petitioner has not
approached any tribunal for the same relief.
2. That the petitioner, by way of the present Public Interest
Litigation is trying to seek writs and directions to the
respondents to formulate and implement strict policies
and laws to control the rising problem of food adulteration
in all parts of the country and also directions to the state
authorities

and

Union

of

India

to

ensure

proper

formulation of policies and guidelines to prevent problem


of food adulteration food adulteration and adulteration of
other consumable food products like fruits, vegetables,
dairy products, edible oils, honey, meat, spices and pulses
etc throughout the country.

3.

That the authorities of Government are not awakened to


the responsibilities to ensure safety and health of the
citizens of this country which are more than a billion in
number as the problem of rising adulteration of food and
consumable

products

is

going

unchecked

and

the

Government is not taking any steps to formulate stricter


laws and guidelines to control the rising problem of food
adulteration and punish those offenders who by their acts
destroy the health of the citizens of this country and put
the lives of citizens at risk and also cause the loss of
precious lives due to food adulteration and contamination
of other consumable products. The existing laws regarding
food adulteration are incapable of punishing the offenders
who contribute to the menace of rising food adulteration
by their wrongful acts and also the existing laws and
guidelines are insufficient in totality to control the problem
of adulteration of food and other consumable products in
our country.
4. That the Honble Supreme Court of India has played a
positive role in espousing the cause of the poor, indigent,
under

trial

prisoners,

women,

unorganized

labour,

schedule caste, schedule tribes, in illegal mining, in


maintaining the balance of environment, etc. Wherever
there is a malaise, and this malaise is hindering the lives
of the people, then this Honble Court has been pleased to
issue appropriate writ order or direction to put the things
in right order and to bring ease and convenience to the
lives of the people.
Through the public interest litigation, citizens seek judicial
intervention in a number of matters having the interest of
public at large.
5.

That through this new jurisdiction, the judiciary has under


taken responsibility as critics and monitors of the Govt. and
its various agencies and to give socio-economic justice to the
underprivileged masses without actually interfering with
political administrative field or in the legislative sphere.
S.P. Gupta Vs. Union of India AIR 1982 SC 49.
The Public Interest Litigation brings justice to the
doorsteps of the weak, the unorganized and exploited
sections of the society who have no access to the courts
because of the prohibitive cost of litigation.

Public Interest Litigation is a means by which justice


percolates down to the masses and made more accessible
and available to the poor and victim of injustice.
There are many fields where the Govt. has not taken proper
steps to ensure safety to the lives of the people. Right to life
is the most important fundamental right of the people. If the
life is finished or destroyed then there is no use of anything
to facilitate and to provide protection.
6. That it is with extreme distress that the petitioner has
been reading in the newspapers regarding the increasing
problem

of

deadly

adulteration

of

food

and

other

consumable products throughout the country which is


resulting

into

innumerable

diseases

and

deaths

of

innocent citizens of this country. The Government of India


and the State Governments have failed miserably in
controlling and restricting the rising menace of food
adulteration throughout the country as no strict steps are
being taken to prevent and check the adulteration of food
and consumable goods in the country. The increasing
menace of food adulteration in India is literally driving the

citizens of this country to various health hazards and also


pre mature death which are caused due to the illness
caused by food adulteration in India.
7. That the petitioner is highly spirited and law abiding citizen
of the country. The petitioner is about 35 years of age, and
practising in the Honble Supreme Court of India since past
13 years. The petitioner has done numerous PILs as an
advocate for social cause and to bring justice to the citizens
of this country.
8. The Honble Supreme Court of India has played a
positive role in espousing the cause of the poor,
indigent, under trial prisoners, women, unorganized
labour, schedule caste, schedule tribes, in illegal mining,
in

maintaining

the

balance

of

environment,

etc.

Wherever there is a malaise, and this malaise is


hindering the lives of the people, then this Honble Court
has been pleased to issue appropriate writ order or
direction to put the things in right order and to bring
ease and convenience to the lives of the people.
Through the public interest litigation, citizens seek

judicial intervention in a number of matters having the


interest of public at large.
9. Through this new jurisdiction, the judiciary has under
taken responsibility as critics and monitors of the Govt.
and its various agencies and to give socio-economic
justice to the underprivileged masses without actually
interfering with political administrative field or in the
legislative sphere.
10.
That be it excess use of pesticides in crops, use of
deadly chemicals like calcium carbide to prematurely ripen
the fruits, adulterated food in hotels, eateries, cinema
halls, adulterated milk being manufactured with the help
deadly chemicals. There is not even a single food or
consumable item which can be said to be safe for
consumption in our country and the same fact is the result
of zero laws to tackle and punish the serious offence of
food adulteration which is rising like growing population of
our country.
11.
That the menace of food adulteration has captured
our country in such a manner that if it is not controlled
within a year or two it will be the biggest reason of
premature deaths in our country as all the diseases like

diabetes, hypertension, heart attacks, various forms of


cancers are directly or indirectly related to the food which
we consume today. The laws to tackle the serious problem
of food adulteration are so vague and the agencies which
are responsible to control the menace of food adulteration
are directly or indirectly working in hands and gloves with
the companies, hotels, big shopping marts, cinema halls,
food adulteration mafia as a result of which the offenders
are fearless in committing the offence of food adulteration
as they have no fear of law or any agency who can punish
them for the wrongs which they are continuously doing
and in the process the precious lives of the citizens of this
country is being put at stake for no fault of them.
12.
That today we ask our children to drink lot of milk
and have fruits and green vegetables for their proper
growth and for their better future but knowingly or
unknowingly the future of this country is being put at
stake by us as the rising problem of food adulteration is
destroying the health of growing up children and also the
health of other citizens of this country and the main
reason of this problem of food adulteration on rise is due

to the lack of proper laws and lack of any sort of


implementation on the existing laws.
13.
That every day in newspapers and news channels
various incidents of food adulteration like lizard in midday
meal, use of calcium carbide for early ripening of mangoes
and other fruits, production of synthetic milk and other
dairy products, food poisoning episodes in big hotels are
reported but no exemplary action is taken against those
so called hotels, companies which produce adulterated
food products and other perpetrators who commit and
continue to commit these offences against the citizens of
this country. The present laws to tackle the menace of
food adulteration needs to be changed urgently and more
stringent laws need to be made and implemented as if not
controlled

the

menace

of

food

adulteration

will

permanently deface the future generations and their


health and will become the reason of innumerable deadly
diseases which we the citizens of this country will have to
face due to the callousness of the Government of India
and the State Governments. It is the duty of the State
Governments and the Government of India to ensure the

proper implementation of laws related to food adulteration


but it is surprising that whatever few laws related to food
adulteration

have

been

implemented

to

prevent

made

are

also

adulteration

in

not
food

being
and

consumable items in the country and if more stricter laws


related

to

food

adulteration

are

not

made

and

implemented then it will result into an irreparable loss of


precious lives of the citizens of this country and future
generations which are coming will no longer be able to live
healthy or survive if concrete steps are not taken to
prevent and restrict the food adulteration in our country.
14.
That in India there are very few laws which have
been passed to control the rising adulteration in food and
consumable items in this country and the irony is that no
steps what so ever are being taken by the Government of
India and other State Governments to even implement
those insufficient laws whereas the need of the present
hour is to pass and implement more stricter laws relating
to food adulteration and even other kinds of adulterations
in this country. According to various news articles and
researches by the experts the food adulteration is causing

serious health problems to the citizens of this country and


many other health related problems like diabetes, various
kinds of cancers, heart diseases, paralysis, blurred vision,
anaemia, abortion, brain damage, stomach infections,
diarrhoea, abdominal pain etc.
15.
That the rising problem of food adulteration strictly
needs to be checked into by passing serious laws related
to controlling food adulteration and the same can only
happen when this Honble Court intervenes into the
matter as any positive revolution which has been bought
into the system of our country has happened only when
Honble Supreme Court has intervened and passed certain
laws and guidelines to govern this country. Be it guidelines
in Vishakhas case on Sexual Harassment at work place,
be it guidelines and laws regarding Police working and
liability of State in Neelbati Behras case, Be it laws
relating to environmental pollution control. The Honble
Apex Court has played a pivotal role in guiding the
progress of our country and ensuring the protection of the
rights of the citizens of our country. It is the urgent need
of the hour that the Honble Apex Court intervenes in the

issue of rising food adulteration in the country and is


leading to innumerable loss of precious lives of the
citizens of this country.
16.
That the Government

of

India

and

the

State

Governments are not doing anything to ensure the


protection of the lives of the citizens of this country from
the rising menace of food adulteration. To save the lives of
its citizens is the prime duty of the Government of India
and the State Governments but not even an iota of new
laws and positive efforts are being done to restrict the
problem of rising food adulteration in every state of this
country. The Government needs to frame stricter laws to
punish those who commit the offence of food adulteration
by flouting rules and laws already in existence. It is an
urgent need that not only civic authorities and food
department but other law implementing agencies like
police should also give a helping hand in ensuring the
implementation of the laws related to controlling the
problem of food adulteration in the country.
17.
That the petitioner is a lawyer in the Supreme Court
of India. He has been reading continuous newspaper

reports

and

news

on

the

rising

problem

of

food

adulteration which is resulting in the loss of precious lives


of the citizens of this country and is also destroying the
future

generations

and

the

rising

problem

of

food

adulteration is being ignored by the Government of India


and the State Governments. It is unfortunate that the
civic authorities, health department, police department,
food department and other concerned departments to
implement

the

laws

related

to

controlling

of

food

adulteration. It is flabbergasting that the food adulteration


problem has become so rampant for quick money that
almost every possible agency which needs to control the
menace of food adulteration seems to be ignoring every
possible news article which is published citing various
incidents and episodes of food adulteration as a result of
which be it fruits, vegetables, milk, dairy products, water
not even a single consumable item is adulteration free in
our country which is the matter of shame and concern for
every citizen of this country. The food adulteration is
causing diseases like diabetes, various kinds of cancers,

heart

diseases,

paralysis,

blurred

vision,

anaemia,

abortion, brain damage, stomach infections, diarrhoea,


abdominal pain etc. and these diseases are not only
limited to elders but are also catching the little and grown
up children who are future of this country.
18.
That the problem of food adulteration besides health
problems is also responsible for loss in economy as every
developed

nation

who

imports

food

grains,

fruits,

vegetables and other consumable item from our country


restricts the import on the knowledge of food adulteration
which is rampant in our country. It is surprising and rather
flabbergasting that many big companies like nestle, dabur
and many other major companies export totally different
quality products which are better in quality than the
products which they supply in the Indian market for the
consumption of the citizens of this country.
19.
That the problem of food adulteration

and

adulteration of other consumable items causes a loss of


billions of dollars to our country as the foreign nations do
not tolerate the menace of any sort of adulteration in their
food products. Besides loss of foreign revenue the menace

of food adulteration and other consumable items causes


loss of exchequer worth thousands of crores within India
also.
20.
That it is the duty of Government of India and the
State Governments to ensure the implementation of laws
to restrict and curb the rising menace of food adulteration
and adulteration of other consumable items. It is the duty
of

the

government

to

provide

clean

and

healthy

environment with proper and safe nourishment for proper


survival of the citizens of this country. It is also the duty
of the Government to prevent the destruction of the
health and lives of the citizens of this country but no
efforts are being made by the Government of India or the
State Government to protect the health and lives of the
citizens of this country and also protect the economy of
our country on which the citizens of this country are also
dependant.
21.
That the petitioner is highly spirited and law abiding
citizen of the country. The petitioner is really interested
that something promptly be done by the Government for
the safety of the people to check and prevent the rising

menace and problem of food adulteration and adulteration


of other consumable items which is literally killing the
innocent citizens of this country and is even endangering
the future generations to come.
22.
That by way of the instant public interest litigation
the petitioner is seeking the indulgence of this Honble
Court

for

direction

to

Government

of

India,

State

Governments and other appropriate authorities like Health


Ministry, Ministry for Environment, Home Ministry, Ministry
for

food

and

agriculture

to

ensure

the

proper

implementation of existing laws regarding controlling the


menace of food adulteration and frame new laws and
policies to restrict the rising problem of food adulteration
and adulteration of other consumable items and in turn
protect the health and lives of the citizens of this country
and also the economy of our country.
23.
That the petitioner is not a way fairer, nor an
interloper but a sensitive and sincere citizen of this
country and takes a keen interest in the safety of the
people of this country and protection of the health and

lives of the citizens of this country and also the economy


of our country.
24.
That the public interest litigation is the only mode
and proper way to get the directions to the government of
India and other responsible departments to ensure the
prevention of the increasing problem and menace of food
adulteration and adulteration of other food items in our
country.
25. That the present public interest litigation is brought
before this Honble Court not for the purpose of enforcing
the right of one individual against another but it is
intended to promote and vindicate public interest. It is for
the protection and safety of the valuable lives of the
numerous citizens of this country that the present public
interest litigation is being filed.
26. That a detailed news article appeared on 27.6.2005
heading Poison in their veins in which according to
detailed research it was found by Centre for Science and
Environment that the blood samples of people from
Punjab contained very high levels of pesticides and all the

pesticides are deadly ones. The misuse of pesticides in


growing crops is rampant throughout the country. There
have been episodes in various parts of India in which after
consuming fresh vegetable juice people have lost their
lives due to severe poisoning and on many occasions the
complaint of food poisoning have been reported. In India
the concerned authorities which regulate and control the
use of pesticides on crops do not work at all to check the
misuse and excess use of pesticides for growing crops
throughout India as a result of which the health of the
citizens of our country is being put at stake as excess use
of pesticides in growing fruits and vegetables is resulting
into deadly diseases which the people of India are
suffering with as a result of lack of supervision and loss
concerning the use of pesticides in growing fruits and
vegetables. The Government of India and the State
governments are not taking any appropriate steps to
strictly implement the existing laws and implement new
laws regarding regulating the use of pesticides in growing
fruits and vegetables and other crops in our country. A

copy of the said article is Annexure P 1 with this


petition.
27. That a detailed news article appeared on 16.9.2010 in
leading

newspaper

named

DNA

titled

Honey

contaminated with antibiotics; Milk, Meat maybe


next in this article a disturbing report was published in
which according to Centre for Science and Environment
almost all the companies which produce honey like Dabur,
Himalaya, Baidyanath and Khadi and many other brands
have disturbingly high level of antibacterial compounds in
the bottled honey these companies produce. In our
country there are no standards on antibiotic contents in
honey meant for domestic market though the commerce
ministry has a superfluous standard for use of antibiotics
in bottled honey. In our country antibiotics used to save
human lives by killing disease causing germs are being
widely abused by farmers as growth promoters for cattle
and poultry as a result most of the milk, eggs, and meat
consumed in

cities contains very harmful levels of

antibiotics. The uncontrolled use of antibiotics causes


diseases like cancer, liver injury, blood change, bone

damage, genetic defects in children and cardiac problems


and also the bodies become resistant to wide variety of
antibiotics which is really disturbing as becoming resistant
to antibiotics will not save a person from deadly diseases
when such dose of antibiotics is given to that person as
gross misuse of antibiotics in food products practically
makes the human body drug resistant. A copy of the said
article is Annexure P 2 with this petition.
28. That a detailed article by an international magazine was
published on 31.8.2010 titled Food adulteration a
rising problem in India. In the said article the rising
problem of food adulteration in India has been extensively
discussed. According to Public Health Foundation of India
in its report has mentioned that 80% of all premature
deaths in India are due to contaminated food and water.
In the said article it is mentioned many forms of
adulteration be it fruits and vegetables or adulterated
spices used for cooking has been discussed, it has also
been said in the published article that the monitoring
mechanism in our country is not very strong to check
properly the adulteration in various food products which is

being consumed by the citizens of this country with a faith


that the big companies like Dabur etc. are producing
healthy food products. It is surprising that despite of the
knowledge that these big companies are producing deadly
food products no action what so ever is taken against
these countries which play with the precious lives of the
citizens of this country just for monetary benefits. It is
also shocking that the regulatory authorities are working
hands in gloves for their ulterior motive hereby putting
the lives of the citizens of this country in danger. It is the
duty of India and the State governments to constitute
proper regulatory authorities and standards to finish the
menace

of

food

adulteration

in

our

country

and

permanently close those companies which indulge in the


habit of food adulteration for their monetary benefits. It is
also the need of the hour to set certain standards in
consultation with international food standards regarding
the use of antibiotics in dairy, honey, meat and other
consumable products. It is also the need of the hour to
punish the perpetrators of adulteration with serious body

offences like attempt to murder, culpable homicide,


amounting and not amounting to murder and other
serious criminal charges as the food adulteration in every
aspect leads to the death through various diseases of the
citizens of this country. It is also the need of the hour that
specialised departments for raids, search and seizure with
tie up of chemical laboratories to identify adulteration are
made and instantaneous and quick actions should be
taken throughout the country to tackle the menace of food
adulteration in our country. A copy of the said article is
Annexure P 3 with this petition.
29. That on 19.10.2011 a news article appeared in a leading
magazine named India Today titled Delhi : Adulterated
sweets flood markets ahead of Diwali in the said
article the menace of adulterated sweets before Diwali has
been discussed. It is a painful reality that India being a
multi-cultural and multi-religion country throughout the
year joy and happiness of various festivals is there. The
use of sweets for various religious festivals is common in
our country and for monetary benefits use of adulterated
and spurious dairy products for making such sweets also

become rampant throughout the country. It is surprising


that Government does not take any action throughout the
country to tackle this menace of food adulteration by
booking the offenders with huge penalties and serious
criminal charges so that it deters and discourages such
offenders from playing with the precious lives of the
citizens of this country. The kind of food adulteration
which exists in our country with full force and courage
does not even exists in those countries where even the
basic food supply is below the requirement standards such
as countries like Sudan, Nigeria, Sierra leone and many
other undernourished nations. It is surprising that the
Government has failed at all levels in controlling the
menace of food adulteration in our country as the food
adulteration itself has become multi-billion dollar industry
in our country and if not stopped the menace of the food
adulteration shall wipe out the future generations to come
in our country. A copy of the said article is Annexure P
4 with this petition.
30. That a news article was published on 10.1. 2012 by a
leading newspaper Times of India titled 70% of Milk in

Delhi, country is adulterated. The said article talks


about 70% of the milk substandard and adulterated
throughout the country. 71 samples were randomly
collected by Food Safety Standards Authority of India and
out of that 51 samples were found to be contaminated
with glucose and skimmed milk powder which is added to
milk in the lean season to enhance volumes. Throughout
the country the samples of milk were collected and those
samples were found to be adulterated with adulterants
like fat, neutralizers, hydrogen peroxide, sugar, starch,
urea, detergent, formalin and vegetable fat. It is painful
and heart breaking that we all drink milk and give it to our
children and even to our new born babies thinking it will
help them in proper growth of the children and shall
maintain our health but it is more than disturbing that the
perpetrators of food adulteration which involve the big
milk producing companies are destroying the health of the
citizens

of this

Government

of

country with
India

and

open

state

courage

as the

governments

have

miserably failed in tackling the mafia involved in the

adulteration of milk and dairy products. It is deeply


disturbing that these companies which are involved in
adulteration of milk and dairy products are progressing
steady fast by destroying the health of innocent citizens of
this country. The Government rather is enjoying its booty
from

these

companies

as

result

of

which

these

companies are fearlessly indulging in the adulteration


practice of milk and dairy products just because the
reason that our government is sleeping over this issue.
Even the basic food products like milk, water, fruits,
vegetables and spices and other consumable products are
being adulterated beyond control and all the agencies
have become muke spectators to the sufferings of the
citizens of this country as no action what so ever is being
taken against the perpetrators of food adulteration of our
country. A copy of the said article is Annexure P 5 with
this petition.
31. That on 7.1.2013 a news article appeared in leading
newspaper The Hindu titled Pesticides residue mars
horticulture exports, as per the article India has an
annual production of 75 million tonnes of fruits and 147

million tonnes of vegetables making India a largest


horticultural producer in the world. It is disturbing that
India as an exporter of horticultural produce has failed
miserably due to absence of clear public food safety
standards and good agricultural practices. It is due to the
rampant use of pesticides excessively for horticultural
produce the foreign countries especially Europe does not
allows the Indian horticultural produce to enter into their
market. If the Government takes the necessary steps in
controlling the rampant and excessive use of pesticides on
crops, fruits and vegetables not only it will help in
improving the health of the citizens of this country it will
also help the economy of our country in a very big manner
as standardising and regulating the use of pesticides on
horticultural produce will improve the reputation of India
for exports globally which in turn will boom the economy
of our country. A copy of the said article is Annexure P
6 with this petition.
32. That on 29.4.2013 a news article appeared in The Times
Of India titled Fruit juice not packed not only with
goodness and Health. It is discussed in this article that

contaminated and adulterated fruit juice causes diseases


such as tooth decay, diarrhoea, dysentery, typhoid,
jaundice, diabetes, obesity and endless list of ailments.
The big companies which produce the packaged fruit
juices are not checked by the regulatory authorities
regarding the use of various types of chemicals which is
used to preserve and pack the so called the fresh fruit
juices, the use of which is rampant in our country as we
feel the packaged fruit juices are safe and healthy to
drink. It is surprising these big companies hire big film
stars to promote their juices and blindly believing we
innocent citizens drink these adulterated fruit juices which
results into serious health hazards. In European countries
the packaged fruit juices are disposed off once they reach
the expiry date but in our country those expiry dates are
only changed hereby keeping that fruit juice fresh forever
which results into serious health hazards but these big
companies care least for the health hazards as the
government regulatory authorities have no checks what so
ever on these companies

as a result of which these

companies freely play with the lives and the health of the
innocent citizens of this country. It is must and need of
the hour to keep constant check on such companies which
produce food products to ensure good quality of such
products which in turn will benefit the millions of citizens
of our country. A copy of the said article is Annexure P
7 with this petition.
33. That on 15.3.2013 a news article appeared in a leading
newspaper The Times of India titled Adulterated road
side juices sell despite health alerts. In the said
article the harmful effects of the sale of juices at roadside
have been discussed. In our country almost every city
there are roadside juice stalls and eateries which run
without any licenses and check from health and safety
departments despite settled law and guidelines the unsafe
roadside

eateries

and

juice

stalls

are

flourishing

throughout the country. Due to lack of ant kind of check


on these juice stalls and eateries the health of millions of
citizens of this country is put at stake. It is the urgent
need to formulate policies regarding checks on these
roadside juice stalls and eateries to ensure better health

standards and food quality rather valid licences should be


given to such eateries and juice stalls to end the
corruption which is rampant to run such eateries and juice
stalls illegally as the civic authorities, police and other
concerned departments indulge into bribery to let these so
called eateries and food stalls run throughout the country.
If at all guidelines are made to check and regulate and
even regularise these food stalls and eateries proper food
and health standards can be maintained. If the corruption
involving these roadside juice stalls and eateries is
finished by giving valid licences to them and ensuring
proper food and safety checks at regular intervals on such
juice stalls and eateries. Every citizen of this country does
not have that kind of money which enables them to eat at
posh food joints, majority of the citizens of this country do
like to eat at roadside dhabas, food stalls, juice stalls and
to ensure hygienic and healthy food at such roadside
joints steps need to be taken to abolish corruption and
hafta system of various agencies which ensure the
running of such joints illegally and in turn lead t use of

adulterated food articles to cover up the money given as


hafta or bribe for running such roadside food stalls. It is
must

to

ensure

proper

safety, health

and

hygiene

standards in such food stalls and roadside joints so that


the health of citizens at large is not affected badly and
rather health of the citizens of this country is maintained
properly. A copy of the said article is Annexure P 8
with this petition.
34. That a news article appeared on 17.7.2013 in NDTV, a
famous news channel regarding death of 20 school
children after food poisoning due to poisonous and
adulterated midday meal was served to them in Patna,
Bihar. A copy of the said article is Annexure P 9 with
this petition.
35. That on 02.08.2013 a news article appeared in a leading
internet paper named First Post titled Odisha - Dead
lizard found in midday meal for second time in a
week. The problem of adulterated and poisonous food in
the midday meal scheme given to children is a common
thing to be heard and since its inception the scheme has
not been handled properly by the government of India as

well as the state governments. In past few years


hundreds of innocent children have lost their lives due to
poisonous and adulterated food which is served to school
children under midday meal scheme. It is surprising and
shocking that the Government besides holding an enquiry
does not punishes the concerned authorities and officials,
who serve this poisonous and adulterated food to small
school going children. It is the need that liabilities in case
of such incidents be fixed on the school authorities and
criminal offences should be registered in case of midday
meal poisoning is reported in any part of the country
against the concerned school officials and authorities.
Proper guidelines need to be framed for procurement of
healthy food for the children who are served food in
midday meal scheme. A copy of the said article is
Annexure P 10 with this petition.
36. That on 4.4.2014
a news article appeared in a famous
newspaper The Hindu titled Use of calcium carbide
rampant to ripen mangoes. It was mentioned in the
article the trend which is rampant throughout the country
that is the use of calcium carbide to ripen the mangoes

artificially. The use of this chemical in ripening the


mangoes quickly for monetary benefit is leading cause of
various

forms

of

cancer

in

human

body

and

also

destruction of stomach lining of human body. In summer


season as well as beyond the season of mangoes calcium
carbide ripened mangoes are available throughout the
country. There is no check on the fruit vendors as well as
the farmers who stoop so low for money that they
endanger the lives of the citizens of this country by using
chemicals like calcium carbide for ripening the mangoes
so quickly. It is the need of the hour to register criminal
offences such farmers and vendors who indulge in such
criminal and inhumanly activities. Last year the export of
alphonso mangoes was banned by European nations for
the same reason of use of calcium carbide and other
dangerous

chemicals

for

prematurely

ripening

the

mangoes which resulted into the loss of millions of dollars


to our country, besides bringing ill repute to our nation
and the same loss of reputation cannot be valued in
money. It is a reality that 80% of the mango available in

the market is ripened with the help of chemicals like


calcium carbide and the same is going unchecked due to
the callousness and lethargy of the Government of India
and the state governments. A copy of the said article is
Annexure P 11 with this petition.
37. That a news article dated 07.05.2015 appeared in a
famous newspaper Indian Express titled Why you must
think twice before biting into that fresh apple. It is
mentioned in the said article regarding the use of
pesticides in green vegetable and use of chemical wax on
apples

to

make

them

shine.

According

to

The

Environmental group, an American Organisation which


focuses on toxic chemicals in fruits and vegetables takes
out an annual dirty dozen list of foods of India and in that
cucumber, apple, peaches, strawberries, grapes, spinach
and

potatoes

find

their

names

in

that

list.

It

is

flabbergasting the way for monetary gain few farmers,


companies and vendors are endangering the precious lives
of the citizens of this country without any check on them
from the side of government be it Government of India or
the concerned state governments. The laws related to

food

adulteration,

check

on

food

adulteration

and

punishment for committing such food adulteration are


totally vague, ineffective and on top of it the Government
of India and the state Governments are not taking any
action to check and control the rising menace of food
adulteration in our country. A copy of the said article is
Annexure P 12 with this petition.
38. That on 11.05.2015 an internet article appeared on
famous internet site named Google in which the crucial
information

regarding

food

adulteration,

common

adulterants/contaminants in food and simple screening


test for their detection is given. A list of injurious
adulterants/contaminants in food and their health effects
have been given. A copy of the said article is Annexure P
13 with this petition.
39. That the menace of food adulteration is getting out of
control day by day in our country as the implementation
of existing laws regarding food adulteration are not at all
being

implemented

by

the

government

authorities

throughout the country. Fruits, vegetables, dairy products,


consumable items like spices, grains, honey, edible oil and

many other food products are reaching the consumers in


totally adulterated form which is deadly for the health of
the consumers but no action what so ever to check and
prevent the adulteration of food products is being initiated
by the Government of India and other state governments
throughout the country. 95% of the food products which
we consume in any form is adulterated with deadly
chemicals

but

no

steps

are

being

taken

by

the

Government and its authorities to overpower the menace


of food adulteration and even the perpetrators of such
inhuman crime are going scot-free and unpunished due to
the toothless laws

relating to food adulteration in our

country. Besides, killing the innocent people, making the


citizens of our country seriously unwell the menace of
food adulteration is also eating away the economy of our
country and is tarnishing the image and reputation of our
country beyond repair in the eyes of the whole world. It is
the fundamental right of the citizens of this country to get
clean, hygienic and healthy life, but the same is being
battered

and

flouted

due

to

the

menace

of

food

adulteration which is creating havoc in the lives of the


citizens of this country. The Government of India and the
state governments and other responsible agencies have
miserably failed to control the menace of food adulteration
and it is only the Honble Supreme Court of India which
can be the saviour of the citizens of this country from the
menace of food adulteration in India.
40. That the petitioner is not a way fairer, nor and interloper,
but a sensitive and sincere of the country and takes a keen
interest in the safety of his fellow countrymen.
41.That by way of the instant public interest litigation the
petitioner is seeking the indulgence of this Honble Court
for direction to Government of India, State Governments
and other appropriate authorities like Health Ministry,
Ministry for Environment, Home Ministry, Ministry for
consumer affairs, food and Public distribution, Ministry of
Science

and

Technology,

Ministry

of

Chemicals

and

Fertilizers, Ministry of Food Processing Industries, Ministry


of Drinking water and Sanitation and Ministry of Law and
Justice to ensure the proper implementation of existing
laws, formation of new stricter laws and formation of

Agencies and Policies to fight the menace of rising


adulteration of food and other consumable products and
frame new policies and guidelines to stop and restrict the
rising

problem

of

Adulteration

of

food

and

other

consumable products and in turn protect the precious lives


and health of the citizens of this country and also the
environment and economy of our country.
42.That the petitioner is not a way fairer, nor an interloper but
a sensitive and sincere citizen of this country and takes a
keen interest in the safety and health of the people of this
country and protection of the environment and economy of
this country.
43.That the public interest litigation is the only mode and
proper way to get the directions to the government of India
and other responsible departments to ensure the restriction
and stoppage of the increasing problem and menace of
Adulteration of food and other consumable products in our
country.
44.That the present public interest litigation is brought before
this Honble Court not for the purpose of enforcing the right
of one individual against another but it is intended to
promote and vindicate public interest. It is for the

protection of health and safety of the valuable lives of the


numerous citizens of this country that the present public
interest litigation is being filed.
45.Thus, the petitioner is filing the present writ petition in the
form of Public Interest Litigation for kind consideration of
this Honble Court on the following :GROUNDS
a)

Because the Honble Supreme Court has played an


important role in espousing the cause of poor, indigent
under

trial

prisoners,

women,

unorganized

labour,

scheduled castes and schedule tribes and also in arena of


environmental pollution etc. by means of public interest
b)

litigation.
Because the public interest litigation is the only way in this
case to get justice and safety to the lives of the innocent

c)

masses.
Because by way

of the present public interest litigation

the petitioner is trying to get vindication of the interest of


d)

the lives of the people.


Because the present public interest litigation is purpose of
redressing

public

injury,

enforcing

public

protecting the precious lives of the people.

duty

and

e)

Because by way of public interest litigation the issuing of


appropriate

writs directions have

resulted in the

amelioration of the lots of the people.


(Hussain ara Kahatoon Vs. State of Bihar (1980)-1 SCC
f)

81).
Because the petition filed by the journalists

and social

action

behalf

group

seeking

judicial

redress

on

of

pavement dwellers of Bombay facing the threat of the


forcible eviction and demolition of their dwellings by the
Bombay Corporation this Honble Court came to the
rescue of the lives of these people.
(Olga Tellis Vs. Bombay Municipal
g)

1985(3) SCC 545)


Because in this case

there

is

Corporation

infringement

of

the

Fundamental Rights of the people under article 21 of the


h)

Constitution of India.
Because in public interest litigation under Article 32 of the
Constitution of India. The Honble Supreme Court is free
to devise any procedure to provide safety to the lives of

i)

the people.
M.C. Mehta Vs. Union on India. 1987 (1) SCC 395
Because in this case it is the question of the precious lives
of the people of the whole country is concerned. It is due
to this reason the case is of paramount importance. It is

therefore, due to this reason that the respondents are the


chief secretaries of all the state of the Union.
j)

Because in spite of the fact that the World Health


Organization

and

other

specialised

departments

has

issued various warnings as well as various research


studies

have

pointed

and

concluded

that

the

food

adulteration in India and its states is a serious matter of


concern and the same is resulting in loss of precious lives
of the citizens of this country and also the problem of
rising adulteration of food and consumable products is
destroying the economy of India but the Government of
India and the State Governments are not taking steps to
control the menace of rising food adulteration in every
part

of

the

adulteration

country.
and

The

other

problem
consumable

of

rising
products

food
is

endangering the future of our nation and is also seriously


endangering the precious lives of almost 1.5 billion
citizens of this country.
k)

Because there is no other appropriate solution to ensure


a

check

on

the

Government

authorities

about

its

preparation
adulteration

to

combat

and

the

rising

adulteration

of

menace
other

of

food

consumable

products which is practically destroying the health and


lives of the citizens of this country and also majority of
economy of our country on which the life of the citizens of
l)

this country is dependent.


Because the innocent lives of the citizens of the country is
at stake at present and the Government authorities are
acting callous and negligent hereby putting the lives of 2
Billion

Indian

citizens

in

danger.

Besides

zero

arrangements and action plan to control the rising menace


of food adulteration and adulteration of other consumable
products no guidelines and fresh laws have been made by
the Government in tie up with the State governments to
ensure proper check on the problem of rising food
adulteration

which is literally killing the citizens of this

country and is also making them seriously unwell. The


fundamental rights under Article 21 of the Constitution of
India of the citizens of this country have been put at stake
due to the inaction of the government. Hence, the fresh
writ petition in the Public Interest.

m)

Because the trend in this Honble Court has been that


even by writing a letter by any citizen of the country
addressed to any Honble Judge of this Court, the letter
was treated as Public Interest Litigation Hussainara

n)

Katoon Vs. State of Bihar reported in (1980) 1 SCC 81.


Because this Honble Court in its judgment of Adarsha
Shiksha Mahavidyala Vs. Subhash Rehang Dale has said
that any writ petition which is in the interest of public at
large and is for public cause shall be entertained by the

o)

Supreme Court in form of public interest litigation.


Because this Honble Court has also the tradition to
entertain the public interest litigation even on the basis of
the news appeared in any daily of the Country. Bandua

p)

Mukti Morcha Vs. Union of India (1984) 3 SCC 161.


Because it is must to analyse the seriousness of the issue
of rising food adulteration and adulteration of other
consumable products as if not prevented at this stage it
can cause irreparable damage to the lives of the citizens
of this country and even to the basic infrastructure of this

q)

country.
Because it is the necessity of the hour to formulate stricter
policies

regarding

food

adulteration

and

its

implementation with the help of civic agencies and


agencies like police and also specialised agencies which
can search, seize and ensure the stricter punishment of
those people who indulge into adulteration of food and
r)

other consumable products.


Because it is the need of hour to protect the health and
lives of the citizens of this country with more stricter laws
and policies which will not spare even the big guns who
are involved in the crime of adulteration of food and other

s)

consumable products.
Because there is a need of specialised agency in every
part of the country with powers to immediately search,
seize the adulterated food items and more laboratories to
specially check and confirm the adulteration needs to be
formed in every city of the country to counter and restrict
the menace of adulteration of food and other consumable

t)

items.
Because the present system and laws to tackle the
menace of adulteration of food and other consumable
items are not only inadequate but directly or indirectly
they are insufficient and toothless in controlling the

perpetrators of the crime of adulteration of food and


consumable products.

PRAYER
In the facts and circumstances of the case it is
therefore most respectfully prayed that this Honble Court
may graciously be pleased to:a) Issue an appropriate writ order or direction directing
the respondent-Union of India and other respondents
to take immediate necessary steps to formulate fresh
laws and guidelines to control the problem of rising

food

adulteration

and

adulteration

of

other

consumable products in every part of the country.


b) Issue an appropriate writ order or direction directing
the Union

of

India and the State Governments to

immediately take adequate steps to prevent and


solve the rising problem of food adulteration and
adulteration of other consumable products in India.
c) Issue an appropriate writ order or direction to Union
of India and all the respondents to ensure the closure
of those companies which are openly involved and
known for committing serious offence of adulteration
of food and other consumable products.
d) Issue an appropriate writ order or direction to all the
respondents to maximize the spread of information
regarding the steps to be taken by the citizens of
India in prevention of rising food adulteration and
adulteration

of

other

consumable

products

throughout the country.


e) Issue an appropriate writ order or direction to Union
of India and all the respondents to immediately form
a specialised agency like police which shall on
reporting search, seize and shall seal the hotels,

eateries, companies and units of other private parties


involved in any kind of adulteration of food and other
consumable products and also issue a centralised
number like 100 throughout the country to counter
menace of food adulteration.
f) Issue an appropriate writ order or direction to Union
of India and all the respondents to immediately
formulate the guidelines and limits regarding the use
of antibiotics, chemicals etc as per international food
standards and also immediately forfeit, seize and
destroy those food products which are known to be
violating the normal standards regarding use of
antibiotics and chemicals.
g) Pass such other further order or orders as this
Honble Court may deem fit and proper in the
circumstances of this case.

AND
FOR THIS ACT OF KINDNESS THE PETITIONER AS IN
DUTY BOUND, SHALL EVER PRAY.
Drawn by:

Drawn and Filed by


Drawn on : 13.05.2015
Filed on :
13.05.2015

(J.P. Dhanda)
Advocate for the petitioner

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