Author: Yash Bundela, SAGE University
To The Point
Food safety refers to the policy of prevention of food from contamination and preserve the food that not harm human-being. Food safety is an essential element for any society. It plays a vital role in human well-being. Food safety is also considered as a fundamental right under Article 21, Right to Life. Food safety is interpreted by judiciary as a part of Article 21 as a right to adequate food. But despite Of its constitutional protection and other legislative statutes & legal framework, India is regularly facing irregularities in food safety that is biggest problem for public well being. India is facing a lot of more issues, poverty, malnutrition, unstable public distribution system, lack of implementation of government schemes & programmes, and food adulteration. Food adulteration is a major issue for food safety among all of these. The issue involves a serious effect on socio-economic features of nation, public health & welfare and also towards legal and constitutional accountability.
Use of Legal Jargons
Article 21 of Indian Constitution deals with right to life & personal so the Indian judiciary interpreted and expanded its scope and this also deals with the right to food as a fundamental right that means right to safe food is a constitutional right enjoyed by each & every citizen of India.
Article 47 of Indian Constitution is also states that the primary duty of state to raise the nutritional levels and improve public health.
National Food Security Act 2013, is an Act of Parliament that main objective is to provide food and nutritional security at affordable prices so people can live a life with dignity. It covers around 75% of rural population and 50% of urban population.
FSSAI The food safety standard authority of India is a statutory body under FSSAI Act 2006, performs several functions such as setting food standards, ensuring the rules for packaging & labelling of food products, providing registration and also provides food licenses, consumer awareness.
The Proof
The necessity of stringent food safety is recognised by India’s food security and these legislations also. Because the requirement of Article 21 of the Constitution is the scope of Article 21 is the food safety. These are the most essential needs for the people, issues like food safety, adulteration, improper food practices (cases), lack of public awareness, etc. are related to the legal implications of authority.Also finds a lot of irregularities in food security, which works as an evidence for addressing the issue of food safety.
Abstract
Food security and safety has been a major issue for a long time because, in India, several issues are found related to food security. Our nation also has various legislative, legal as well as constitutional frameworks but still we may facing challenges in it. They include constitutional provisions such as Article – 21, 47, 39(b) etc. and National Food Security Act 2013 provide statutory regulations as well as FSSAI. The Article analyses the food security in India as critically, examines its legal.Framework, it also highlights challenges and issues faced by the government and suggests improvements.
Case Laws
• People’s Union for Civil Liberties v. Union of India (2001)
It is a landmark case which established a right to food under Article 21. Government as a duty to provide food security as a part of fundamental right to life and implement PDS, Midday Meal and other welfare schemes.
• The Supreme Court of India in the case of Swaraj Abhiyan v. Union of India (2016)
The case involved the issue of starvation related to the Milk adulteration. The Supreme Court held that FSSAI requires effective implementation and directives to the Government against food adulteration.
•Swaraj Abhiyan vs. Union of India (2016) –
In this case the main issue arose about not properly execution of National Food Security Act 2013. So Supreme Court directed that to ensure and emphasised a welfare measure for the affected people.
• Kishen Pattnaik vs. State of Orissa (1989) –
In this case the Supreme Court of India held that the issue of poverty arises, it violates a directly right to life (Article 21) and states the state provide an immediate measures.
Conclusion
Food security is a strong pillar for any society. It is also considered as right to live and we also ensure it in Article 21. Being a Part of Indian constitution And have a Strong legal Framework there is a Various challenges about to food Security is facing by India, if We talking about the food Adulteration so we are touching a peak of low standard food That is directly effecting the Public health. Apart from There are also a several major Issues exist like Poverty , Malnutrition , Agricultural instability etc. but the core Issue is we have a strong Legal framework & Constitutional Protection why our food Security is weak , so we have To focus on a effective And Strongimplementation Of legislation and govt. Policies and make themResponsible and accountable Towards Public welfare. Because Food safety is not only legal Concept it is a Point of Right To live with dignity and healthy.
FAQs
(1) Is the food safety and Security is a part of Indian Constituution ?
Yes ,it is connect with the Article 21 As a Right to food that is interpreted by a Supreme Court of India.
(2) What are the legal framework
For the food security in India ?
-National food security Act, 2013
-Food safety and Standards Act (FSSAI) 2006 etc.
(3) Which Constitutional Provisions are
Related to food security in India ?
Article 21, Article 39(a), Article 47.
