The Rajasthan High Court has issued a significant order restraining the Food Safety Standards Authority of India (FSSAI) and the Genetic Engineering Appraisal Committee (GEAC) from granting permission for the sale, manufacture, distribution, or import of genetically modified (GM) foods until the central government frames regulations governing such items. The court directed the FSSAI and the Union of India to frame and notify the requisite regulations under Section 22 of the Food Safety and Standards Act, 2006, within six months.
The division bench comprising Acting Chief Justice Mr. Sanjeev Prakash Sharma and Justice Sanjeet Purohit observed that Section 22 of the Food Safety and Standards Act explicitly prohibits the manufacture, sale, storage, or import of GM foods unless regulations are made under the Act. The court emphasized that the regulatory scope of the GEAC is limited to matters concerning environmental safety, while the scope of food safety lies within the domain of the FSSAI under the Act. Therefore, the court held that no permission or approval for the sale, manufacture, distribution, or import of GM foods could be validly and lawfully granted unless the requisite regulations under Section 22 of the Act were brought into effect.
The court further highlighted that food safety is not merely a regulatory or market issue but a constitutional imperative enshrined under Article 21 of the Constitution, aimed at protecting public health and securing a dignified quality of life for every citizen. With a population of nearly 1.46 billion, the state bears an enormous responsibility to ensure the health and well-being of its citizens. Despite numerous progressive steps, affordability of food still outweighs food safety for millions of households.
In its order, the court observed that vulnerable populations, particularly those battling poverty and low literacy, could not be expected to make informed choices about their food consumption in the absence of specific regulations providing clear labeling, transparent studies, public awareness, and safety assurances. Therefore, the court deemed it imperative that the import of any edible food items into India be allowed only after the production of a "GM-Free Certificate" issued by the competent authority of the exporting country.
Consequently, the court restrained the FSSAI and the Union of India from granting permission or approval for the sale, manufacture, distribution, or import of GM foods in India until the necessary regulations under Section 22 of the Food Safety and Standards Act are framed and notified. Additionally, the court directed that no import of any foodstuff, edible items, or packaged food shall be permitted unless they have been certified and labeled as "GM-free" by the exporting country. Customs and port authorities across the state have been directed to ensure strict compliance with these directions.
This ruling underscores the court's commitment to safeguarding public health and ensuring that food safety standards are rigorously enforced in the country. By mandating the formulation of comprehensive regulations governing GM foods, the court aims to establish a robust framework that addresses the potential risks associated with genetically modified organisms in the food supply chain. The emphasis on clear labeling and certification requirements further reflects the court's intent to promote transparency and consumer awareness in food consumption choices.
The court's decision also highlights the importance of inter-agency coordination between the FSSAI, GEAC, and other relevant authorities to ensure that food safety standards are consistently upheld and that the regulatory processes are aligned with constitutional mandates. By setting a six-month deadline for the formulation of regulations, the court has provided a clear timeline for the government to take necessary actions, thereby reinforcing the urgency of addressing food safety concerns related to GM foods.
This judgment serves as a significant precedent in the realm of food safety law, particularly concerning the regulation of genetically modified foods. It reflects a proactive approach by the judiciary in ensuring that legislative and regulatory frameworks are in place to protect public health and uphold constitutional rights. The ruling is expected to have far-reaching implications, prompting a reevaluation of existing policies and practices related to GM foods and potentially influencing future legal and regulatory developments in this area.
In conclusion, the Rajasthan High Court's order represents a decisive step towards enhancing food safety standards in India by imposing stringent regulatory requirements on genetically modified foods. Through its directives, the court has underscored the need for comprehensive regulations, transparent labeling, and international cooperation to safeguard public health and ensure that food consumption choices are made with full awareness and confidence.
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