At the very outset let me begin by pointing out that I have not come across a single person in my life who has not complained of milk being not up to the mark and even in my own life I don't remember how many times my mother has changed how many persons as the quality of milk supplied was just not up to the mark! Day in and day out we keep hearing the same thing in every household especially in cities and towns where very few people keep cow or other animal and therefore don't require any milk! It is most astonishing to see that those indulging in milk adulteration have just no fear of any law or going to jail!
Truth be told, this is mainly because very few of us actually complaint to police of milk adulteration. The second major reason is that milk adulteration is taken very lightly in our country and there is no strict punishment inserted in our penal laws to contain this grave menace. This has to end if the serious menace of milk adulteration is to be effectively checked in our country. Only then can we expect to get some respite.
Needless to say, this alone explains why the Supreme Court on August 5, 2016 in a latest, landmark, laudable and learned judgment titled Swami Achyutanand Tirth & Ors. vs Union of India & Ors. in Writ Petition (C) No. 159 of 2012 while expressing concern over alarming level of milk adulteration in the country favoured stringent punishment for this offence and asked the Centre to consider amending the Indian Penal Code (IPC) and the Food Safety and Standards Act (FSSAI) to make milk adulteration a criminal offence punishable with life imprisonment. Right now, adulteration of food product is a crime under Section 272 of the IPC but it is most pathetic to note that it entails maximum punishment of six months only. It can also be compounded by way of a fine of Rs 1000.
While craving for the extreme indulgence of my esteemed readers, it must be mentioned here that a Bench of Supreme Court headed by Chief Justice TS Thakur and also comprising Justices R Banumathi and UU Lalit said that there was an urgent need to tackle the menace of growing sale of adulterated and synthetic milk in different parts of the country. Centre must act fast on this. While showing zero tolerance to adulteration of milk and milk products, a three-Judge Bench of the Apex Court made scathing observation when it said that, In India, where traditionally infants and children are fed milk, its adulteration is a concern and stringent measures need to be taken to combat it.
Be it noted, the Bench gave the direction after perusing various expert reports revealing that adulteration of milk with chemicals such as baking soda caused several life threatening diseases, including pneumonia and diarrhea. It can also lead to skin surgeries. Centre must comply with these directions at the earliest. For the Centre, the Supreme Court's intervention can come in handy in cracking the whip on people indulging in wrongdoing with a comprehensive Bill aimed exclusively for this purpose only.
At the outset, this notable judgment authored by Justice R Banumathi for herself, the then CJI TS Thakur and Justice Uday Umesh Lalit sets the ball rolling by first and foremost observing in para 1 that, The present writ petition is filed in public interest by the petitioners highlighting the menace of growing sales of adulterated and synthetic milk in different parts of the country. The petitioners are residents of the State of Uttarakhand, Uttar Pradesh, Rajasthan, Haryana and NCT of Delhi and have accordingly shown concern towards the sale of adulterated milk in their States. However, the issue of food safety being that of national importance, Union of India has also been made a party- respondent. The petitioners allege that the concerned State Governments and Union of India have failed to take effective measures for combating the adulteration of milk with hazardous substance like urea, detergent, refined oil, caustic soda, etc. which adversely affects the consumers' health and seek appropriate direction.
To put things in perspective, the Bench then puts forth in para 2 that, The petitioners have relied on a report dated 02.01.2011 titled Executive Summary on National Survey on Milk Adulteration, 2011 released by Foods Safety and Standards Authority of India (FSSAI) which concluded that on a national level, 68.4 per cent of milk being sold is adulterated and it is alleged that the worst performers in the survey were Bihar, Chhattisgarh, Odisha, West Bengal, Mizoram, Jharkhand and Daman and Diu, where adulteration in milk was found up to 100%. In the States of Uttarakhand and Uttar Pradesh 88% of milk samples were found adulterated. According to the petitioners, milk is the only source of nourishment for infants and a major part of the diet for growing children in tender age and if no effective measure is taken to ensure the purity of milk, health of the children will be adversely affected. The petitioners pleaded inaction and apathy on the part of the respondents to take appropriate measure to rule out sale and circulation of synthetic milk and milk products across the country which according to the petitioners has resulted in violation of fundamental rights of the petitioners and public at large guaranteed under Article 21 of the Constitution of India. The petitioners, therefore, seek for a writ of mandamus directing Union of India and the concerned State Governments to take immediate effective and serious steps to rule out the sale and circulation of synthetic/adulterated milk and the milk products like ghee, mawa, cheese, etc.
As it turned out, the Bench then observes in para 3 that, In compliance of various orders passed by this Court, all the States have filed affidavits stating that ever since Food Safety and Standards Act, (for short the FSS Act) came into force with effect from 5.8.2011, the provisions of the Act are being sincerely implemented by the States and also indicating action taken by the States, number of prosecutions launched and status of those cases. States have further stated that after the National Survey on Milk Adulteration by FSSAI in 2011, comprehensive action is being taken by the State Governments to check whether milk is being adulterated with chemicals and stringent action is being taken in accordance with FSS Act and penal laws.
Needless to say, milk adulteration can adversely affect the growth of future generations since it is the staple diet of children and infants. It is a no-brainer that this is what has compelled the Supreme Court which is the highest court of the land to recommend such a severe punishment of making milk adulteration punishable with life. This is in fact long overdue and Centre must therefore waste no time in complying with what Supreme Court has advised it.
Notably, the Bench of Supreme Court which ordered this landmark verdict pointed out that states of Uttar Pradesh, West Bengal and Odisha had already amended the law making adulteration punishable up to life imprisonment. The Bench asked Centre and other States to adopt similar rules and disposed a 2012 petition seeking deterrent punishment against the offenders. Centre and other States must waste no time in doing what the Supreme Court has asked them to do.
It must be appreciated here that the Centre had sought to act tough against people involved in food adulteration by enacting the Food Safety and Standards Act 2006, which stipulates a heavy fine of up to Rs 10 lakh. But this alone is also not enough. Life imprisonment must be imposed as recommended by Apex Court so that a loud and clear message goes out to all offenders that they would have to cool the rest of their lives in jail if they committed the offence of milk adulteration.
Be it known, it was a PIL that was filed by one Swami Achyutanand Tirth who demanded life term for milk adulteration. In fact, I would go a step further and say that food adulteration too must be severely punished so that no one can play with the health of any other person. Those who still dare to do so must pay for it by spending the rest of their lives in jail so that it acts as an effective deterrent to others from doing so similarly.
The petition had cited a report titled National Survey on Adulteration of Milk which was based on results of random milk samples lifted from various parts of the country. The results showed the presence of hazardous chemicals, caustic soda and detergents in some samples. This is simply inexcusable. The court noted with concern, Prolonged consumption of milk adulterated with chemicals may affect vital body organs and may pose a health risk to infants, children and also adults.
A Food Safety and Standards Authority of India (FSSAI) report of 2011 was quoted in the petition to state that 68.4% of fresh milk was adulterated as was 33% of packaged milk. There was 100% adulteration in Bihar, Chhattisgarh, Odisha, West Bengal, Mizoram, Jharkhand and Daman and Diu.` In Uttarakhand and UP, 88% of milk samples were found adulterated. The Bench of Apex Court ordered that, It is also desirable that Union of India revisits the Food Safety and Standards Act, 2006, to revise the punishment for adulteration making it more deterrent in cases where the adulterant can have an adverse impact on health.
More damningly, the Bench then observes in para 16 that, News of National Survey on adulteration of Milk was reported in various newspapers including 'The Hindu', 'Business Line', 'Times of India', 'Indian Express' and other newspapers, the clippings of which are filed in IA No.2 of 2012, an application for impleadment filed by one Manisha Shah. The result of the above survey confirms that the samples of milk were diluted with water or found to have been adulterated with chemicals. Nutritional value of milk is compromised by mixing water and other harmful agents. Adulteration of milk with water is used to increase the volume of milk and brings down the nutritional value, and contaminated water in adulterated milk can cause gastroenteritis, stomach ailments, etc. Adulteration of milk with chemicals like caustic soda and detergents etc. is very serious. Prolonged consumption of milk adulterated with chemicals may affect vital body organs and may pose health risk to the infants, children and also adults.
To be sure, the Bench then states in para 17 that, To safeguard infants/children and general public from dangers of adulteration of milk, FSSAI mandates an upper limit for certain micro organisms in pasteurized milk, these norms are necessary because it is stated that even milk from healthy cows and buffalos is vulnerable to bacterial contamination once it is stored for sometime at normal temperature. It is stated that besides minor skin infections, some bacteria can cause life endangering diseases such as pneumonia and diarrhea.
To be doubly sure, the Bench then states in para 17 that, To safeguard infants/children and general public from dangers of adulteration of milk, FSSAI mandates an upper limit for certain micro organisms in pasteurized milk, these norms are necessary because it is stated that even milk from healthy cows and buffalos is vulnerable to bacterial contamination once it is stored for sometime at normal temperature. It is stated that besides minor skin infections, some bacteria can cause life endangering diseases such as pneumonia and diarrhea.
Alarmingly, the Bench then while striking a note of caution then observes in para 18 that, In the interim order dated 05.12.2013, this Court has expressed concern on adulteration of milk and milk products by unabated use of synthetic and harmful materials sold in the market. The consumption of adulterated milk and milk products is hazardous to human health and the state of affairs is alarming. Taking note of the seriousness of the matter vide order dated 30.01.2014, this Court directed Union of India and the States to file affidavits indicating the steps taken for curbing the adulteration of milk and indicating the number of cases identified where milk was adulterated with hazardous chemicals and details of prosecution launched and the result thereof. In compliance of those orders, all the States have filed their responses indicating the inspection done, number of prosecutions launched and status of those cases.
While proposing a set of guidelines, the Bench asked States and the Centre to generate awareness and increase vigilance over addition of chemicals and pesticides to milk and milk products by forming teams for surprise checks and setting up dedicated laboratories for testing presence of adulterants. In addition, the States were asked to identify high risk areas (where petty food manufacturers are present) and occasions (particularly around festivals) when there is higher risk for ingesting adulterated milk and milk products.
Most notably, the Bench then observes in para 22 which forms the cornerstone of this notable judgment that, Considering the seriousness of the matter and in the light of various orders passed by this Court, the Writ Petition is disposed of with the following directions and observations:-
i. Union of India and the State Governments shall take appropriate steps to implement Food Safety and Standards Act, 2006 in a more effective manner.
ii. States shall take appropriate steps to inform owners of dairy, dairy operators and retailers working in the State that if chemical adulterants like pesticides, caustic soda and other chemicals are found in the milk, then stringent action will be taken on the State Dairy Operators or retailers or all the persons involved in the same.
iii. State Food Safety Authority should also identify high risk areas (where there is greater presence of petty food manufacturer/business operator etc.) and times (near festivals etc.) when there is risk of ingesting adulterated milk or milk products due to environmental and other factors and greater number of food samples should be taken from those areas.
iv. State Food Safety Authorities should also ensure that there is adequate lab testing infrastructure and ensure that all labs have/obtain NABL accreditation to facilitate precise testing. State Government to ensure that State food testing laboratories/district food laboratories are well-equipped with the technical persons and testing facilities.
v. Special measures should be undertaken by the State Food Safety Authorities (SFSA) and District Authorities for sampling of milk and milk products, including spot testing through Mobile Food Testing Vans equipped with primary testing kits for conducting qualitative test of adulteration in food.
vi. Since the snap short survey conducted in 2011 revealed adulteration of milk by hazardous substances including chemicals, such snap short surveys to be conducted periodically both in the State as well as at the national level by FSSAI.
vii. For curbing milk adulteration, an appropriate State level Committee headed by the Chief Secretary or the Secretary of Dairy Department and District level Committee headed by the concerned District Collector shall be constituted as is done in the State of Maharashtra to take the review of the work done to curb the milk adulteration in the district and in the State by the authorities.
viii. To prevent adulteration of milk, the concerned State Department shall set up a website thereby specifying the functioning and responsibilities of food safety authorities and also creating awareness about complaint mechanisms. In the website, the contact details of the Joint Commissioners including the Food Safety Commissioners shall be made available for registering the complaints on the said website. All States should also have and maintain toll free telephonic and online complaint mechanism.
ix. In order to increase consumer awareness about ill effects of milk adulteration as stipulated in Section 18(1)(f), the States/Food Authority/Commissioner of Food Safety shall inform the general public of the nature of risk to health and create awareness of Food Safety and Standards. They should also educate school children by conducting workshops and teaching them easy methods for detection of common adulterants in food, keeping in mind indigenous technological innovations (such as milk adulteration detection strips etc.)
x. Union of India/State Governments to evolve a complaint mechanism for checking corruption and other unethical practices of the Food Authorities and their officers.
Quite significantly, the Bench then elucidates in para 19 stating that, Considering the seriousness of the offence and referring to the amendment to Section 272 Indian Penal Code made by States of Uttar Pradesh, West Bengal and Odisha, wherein the punishment for adulteration of food and products is enhanced to imprisonment for life and also fine, by order dated 05.12.2013, this Court observed that similar amendments are to be made in other states as well. The same direction was reiterated by this Court vide order dated 30.01.2014 and this Court also directed Union of India to consider bringing in suitable amendments to FSS Act. On 13.03.2014, counsel appearing for the Union of India produced a letter dated 12.03.2014 of the Ministry of Health and Family Welfare wherein it has been stated that under the chairmanship of the Chairman of FSSAI, it has been decided to seek approval of the Government for initiating the process of amendment of the Food Safety and Standards Act 2006 in the light of the observations made by this Court. Vide order dated 11.11.2014, this Court observed that Union of India and State Governments must come out with suitable amendments in the Act or with a new legislation to stop adulteration and production of synthetic milk which is consumed by the infants/children and by the public at large. When the matter came up for hearing on 10.12.2014, Union of India submitted that the bill seeking to amend FSS Act by inserting a new section 'Section 7A' was withdrawn and the Parliamentary Standing Committee on Health and Family Welfare recommended that the Government of India may re-look into all the aspects of the matter and come up with a comprehensive Bill at the earliest. In the light of the said statement, vide order dated 10.12.2014, this Court observed as under:-
We reiterate that the respondent-Union of India shall take up the matter seriously and come up with all possible amendments in the Food Safety and Standards Act, 2006..... It goes without saying that while making necessary amendments in the Food Safety and Standards Act, 2006, the respondent-Union of India shall also make penal provisions at par with the provisions contained in the Indian Penal Code and the States Amendments made therein.
Most significantly, the Bench then observes in para 20 that, Since in India traditionally infants/children are fed milk, adulteration of milk and its products is a concern and stringent measures need to be taken to combat it. The consumption of adulterated milk and adulterated milk products is hazardous to human health. As directed by this Court by order dated 10.12.2014, it will be in order that the Union of India come up with suitable amendments in the Food Safety and Standards Act, 2006 and the respondent-Union of India shall also make penal provisions at par with the provisions contained in the State amendments as indicated above.
Adding more to it, the Bench then observes in para 21 that, As observed by this Court in the orders dated 05.12.2013 and 10.12.2014, it will be in order, if the Union of India considers making suitable amendments in the penal provisions at par with the provisions contained in the State amendments to the Indian Penal Code. It is also desirable that Union of India revisits the Food Safety and Standards Act, 2006 to revise the punishment for adulteration making it more deterrent in cases where the adulterant can have an adverse impact on health.
All said and done, this learned Supreme Court's order has come timely which is in the supreme interest of people's health and well-being. There can be no two opinions that adulteration of milk and food amounts to poisoning people slowly so that undue profit is made at the expense of customer and his/her family. There has to be zero tolerance for it and life imprisonment is the appropriate punishment as per the latest judgment of the Supreme Court. Centre and States must consider it at the earliest and make the necessary law providing for life imprisonment for milk and food adulteration so that it acts as an effective deterrent to potential offenders to desist from indulging in the nefarious activity of adulteration of milk and food products. Let us fervently hope that the proposed increase in punishment for milk adulteration is extended to other food items also as well as to bottled water, tea, coffee and spices. It brooks no more delay.
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, U.P.
