NEW DELHI: In a significant move concerning public health and food safety regulation in India, the Supreme Court on Wednesday issued notices to the Centre, the Food Safety and Standards Authority of India (FSSAI), the Comptroller and Auditor General (CAG), and the Ministry of Consumer Affairs, Food and Public Distribution while hearing a PIL challenging the ineffective enforcement framework under the Food Safety and Standards Act, 2006.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued notices while hearing the Public Interest Litigation (PIL) filed by Dr Anirudha Narayan Malpani. The plea, filed under Article 32 of the Constitution of India, sought systemic strengthening of the functioning of the FSSAI.
The petitioner was represented by Ashwarya Sinha, Advocate-on-Record (AoR), and Sankalp Mahindru, Advocate.
The petition raised several serious concerns regarding continuing regulatory and enforcement failures under the Food Safety and Standards Act, 2006, particularly the inadequacy of the existing penal framework, shortage of Food Safety Officers, ineffective laboratory infrastructure, delays in adjudication, non-recovery of penalties, and widespread licensing irregularities.
The PIL highlighted five major systemic failures in the present food safety regim; a weak and negligible penalty structure; inadequate food testing laboratories and outdated infrastructure; a massive shortage of Food Safety Officers and enforcement staff; bogus licensing practices and weak inspection mechanisms; and delays in adjudication and non-recovery of penalties.
The petition extensively relies on the CAG’s 2017 Performance Audit Report, which recorded grave systemic deficiencies in the implementation of the Food Safety and Standards Act, including shortages of Food Safety Officers, non-functional laboratories, incomplete testing of food samples, issuance of licences without proper verification, delays in adjudication, and ineffective enforcement mechanisms.
The matter assumes significance in view of growing national concerns surrounding food adulteration, contamination, misleading labelling, unsafe packaged food products, and inadequate enforcement of food safety standards across the country. It raises larger questions concerning institutional accountability, public health protection, and the effectiveness of India’s food safety regulatory framework.