Should India remain an underdeveloped country? SC raps Centre

New Delhi: The Supreme Court, while directing the Centre to decide on the visual appearance of the Front-of-Package-Labelling on pre-packaged food products, asked whether India should remain an underdeveloped country.

The court said it does not approve the Union government’s stance that it is not possible to match international standards, particularly those of developed countries.

Front-of-package labelling (FOPL) is a nutritional information graphic on food packaging that can assist consumers in making an informed decision about food purchases and healthier dietary choices.

A bench of Justices J B Pardiwala and K Vinod Chandran — while hearing a PIL of public charitable trust ‘3S and Our Health Society’ seeking directions to the Centre, states and Union Territories to implement mandatory FOPL on packaged foods on Thursday — said FOPL is necessary to create awareness, especially among growing children who are increasingly getting addicted to junk food.

It slammed the Food Safety and Standards Authority of India (FSSAI) for the delay in introducing warning labels on packaged foods, pointing out that obesity has been recognised as a public health challenge in India.

When Additional Solicitor General Brijender Chahar submitted that it was not possible to consider the court’s suggestion on FOPL as it is difficult to go by international standards of packaging, Justice Pardiwala asked, “Are you taking the court for a toss?”

Referring to practices and regulations followed by several countries including Chile, Israel and Canada, the bench said, “We do not approve the stance of the Union when it says it is not possible to match with international standards, more particularly, developed countries. Should India remain an underdeveloped country? That’s the question we are putting forward for the Union to consider.”

The bench said the world should know that India is concerned about the overall health of its citizens, especially growing children.

It further asked the Union of India to consult experts and arrive at a decision on the visual appearance (coloured indicators, interpretive words, numbers, letters or symbols, numerical information, percentage) of the FOPL.

“If the Union does it on its own, well and good. Otherwise, we shall proceed to pass further directions,” the bench said sternly, giving the government two weeks to place the final decision on record.

The court said it was of the view that the Union would not face any difficulty in implementing changes related to FOPL, since it is already in its notice, as is evident from the suggestion in the Economic Survey.

The order, uploaded on the apex court’s website recently, said, “What we are trying to convey is that the environment surrounding children and us is quietly dictating our habits. A standard labelling format would reduce confusion and make it easier for consumers to make informed purchasing decisions. FOPL could educate consumers.”

It said awareness from FOPL would transform a label into a functional tool. “Thus, the value of FOPL lies not merely in disclosure but in clarity, the precise difference between a consumer being told and a consumer being informed,” the order said.

The top court said a balanced, nutrient-rich diet is crucial for a child’s growth, development and overall well-being. It does not merely affect a person’s physical health but also affects how a person feels, performs and behaves.

“The right to life under Article 21 encompasses the right to health. When the Constitution guarantees this right, it casts a corresponding duty on the state to not only refrain from actions that impair health but also to take affirmative steps to protect it. Furthermore, Article 47 of the Constitution casts a duty on the state to improve public health as its primary duty,” the bench said.

The PIL by ‘3S and Our Health Society’ had referred to India’s growing burden of non-communicable diseases and said FOPL could highlight the presence of high levels of sugar, salt and saturated fats, which were the key contributors to serious health issues such as diabetes, obesity, cardiovascular diseases and certain cancers.

It highlighted the alarming surge in lifestyle diseases across the country and said non-communicable diseases were now responsible for over 6 million deaths annually, with diabetes emerging as a silent epidemic affecting nearly one in four Indians.

The matter has been listed for further consideration on September 10.