Regulation of Food Safety in India

synopsis
1.Introduction

1.2.Meaning of Food
1.2.1 Meaning of Food Security

1.2.2 Dimensions of Food Security

1.2.3 Meaning of Food Insecurity

1.2.4 Meaning of Food Safety

1.2.5 The Right to Food

1.3 Statement of the Research Problem

Though there are numerous international instruments guaranteeing the Right to food, yet the
same has eluded major section of the society especially in the developing countries specifically
India. When the states are queried in this regard, they have been evasive in their answers and
have only initiated schemes and programmers that have resulted in superficial contentment of
having achieved cent percent success. Though there is a guarantee of Right to food, yet safe
food has evaded the people. When the state mentions right to food, it should have been
imperative that it means safe food only. In spite of Food Safety and Standards Act 2006 been
passed, yet safe food has become a far cry to the people in general in India, even today. We
witness people being affected by the unsafe food that they consume. In this work, the
Researcher has made an attempt to study the forces that compelled the promulgation of Food
Safety and Standards Act, 2006 and its effective implementation and the suggestions for the full
bloom implementation.

1.4 Hypotheses
I. This Research lies on the premise that though, Right to qualitative and quantitative food in
India is the upshot of innumerable international instruments and constant judicial
interpretation of the Indian Constitution, yet, the human right to food can be effectively
ensured only when a parliamentarian explicitly recognizes it under Part III of the Indian
Constitution.
II. The Research is based on the assertion that though FSSA has been carefully crafted in such a
way that it could subsume Prevention of Food adulteration Act, 1954 and eight other different
minor legislations39, due to the blatant lacunae that they all suffered from, yet, the provisions
of the Act are inadequate to provide panacea in India, for the bane of food adulteration and
unsafe food which is a curse for the humankind.

III. In the light of the hostile heterogeneous nature of the food business in India and the
perennial challenges encountered in the implementation of the Food Safety and Standards Act,
instances of people suffering from consumption of unsafe food question the commitment of
Food Safety and Standards Authority of India in ensuring safe food to the people.

1.5 Objectives of the Study

• To examine different international instruments supporting the right to

• To study the genesis and development of right to food in India

• To examine the provisions of the Indian Constitutional with respect to right to food

. • To discuss important verdicts of the courts relating to right to food in India.

• To trace the history of adulteration both at the international and national level

• To discuss the food laws in India and factors responsible for promulgation of the same

• To know the evolution of anti-food adulteration laws in India reckoning from pre-
independence period

• To examine the issues before the Food Safety and Standards Act 2006 to be tackled

• To study the changes brought about by the Food Safety and Standards Act

• To discuss the arduous efforts of Food Safety and Standards Authority of India, to curb
adulteration of food which is omnipresent and omnipotent in India.

• To discuss the challenges faced in the implementation of Food Safety and Standards Act 2006
• To devise means to overcome the inevitable implementation hiccups of Food Safety and
Standards Act 2006 taking the heterogeneous nature of food business in India into
consideration.

1.6 Significance of the Study

 The Research problem deals with the basic need of a common man. A human being in order to
live should not only eat but eat healthy food. But in India, where 65% of the population i.e.
three fourth of rural population and half of urban population live below poverty line, the state
claims to have made an earnest effort to supply clean, standardized food for this major chunk
of population. This Research goes a long way in protecting basically the human right of Right to
food i.e. not just food but safe and standard food to the major section of population and
ensures that the Right of consumers who consume the food supplied by the state is also
protected in case of any negligence or omission by the state. The Research may bring about
general awareness among the people to demand for safe and standard food from the food
business operators in general and the state in particular. In the light of the findings and the
suggestions made in this study, this research helps the policy makers, law makers and judicial
officers to plug the loopholes and to bring an amendment. It also helps the academicians and
the research scholars who might take the study to a further new height in the coming days to
keep the legislation abreast of the latest needs. The research may also help the NGO‟s, law
students and the general public.

1.7 Scope of the Study

The Research has dealt with detailed study of the provisions of FSSA, limited study of
International instruments namely International Conventions, Declarations, Conference dealing
with Right to food, The Researcher has confined her studies of International instruments only to
the extent of its application to Food and Food articles only. Limited study of Constitution of
India dealing with some of the Fundamental Rights, Directive Principles of State Policy,
distribution of legislative powers between the centre and state as for as the matter of food is
concerned. The Research deals with the partial study of National Food Security Act 2013 and
Consumer Protection Act 1985.

1.8 Research Methodology

The present Research is mainly based on Doctrinal work in the light of available data like
Judgments, Statutes, Rules and Regulations, Law Commission Reports, International
Conventions, Declarations, Journals, Magazines, and Text Bookanalysing the issues relating to
availability of food, safety of food, protection of the Right of consumers of food, Constitutional
provisions providing for the same.