Rajasthan High Court Seeks Report On Production Of Synthetic Milk & Vegetable Cultivation Using Dirty Wastewater

The Rajasthan High Court took suo-moto cognizance to target the rampant distribution of synthetic dairy and contaminated agricultural produce.

A Division Bench, acting upon an interim order passed by the Single Bench, directed state authorities to crack down heavily on private and cooperative dairies like Amul, Mother Dairy, and Saras following alarming reports of industrial urea being mixed into animal feed.

Emphasizing that the constitutional right to life under Article 21 guarantees access to safe and hazard-free food, the Court mandated state-wide inspections, the registration of First Information Reports (FIRs) against illegal cultivation using toxic city wastewater, and the implementation of robust administrative oversight mechanisms to eradicate adulteration.

The Division Bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Maneesh Sharma ordered, "We notice that apart from the Government Cooperative agency, RCDF which sells the ordinary milk products by name of Saras and there are other Cooperatives like Amul, Lotus, Mother Dairy and other agencies which are also selling milk and other milk products...A need arises to check the method and manner which they are adopting and preventing synthetic products. The State Government Authorities shall conduct inspections in this regard and submit its report to this Court."

Senior Advocate M.S. Singhvi appeared as Amicus Curiae, while ASG Bharat Vyas appeared for the Respondents.

Brief Facts

The matter arose out of a suo-moto public interest litigation registered by the High Court under the title "Public Health – Protect the Present and Safeguard the Future from Food Adulteration". The proceedings were initiated to address the alarming and rampant rise of food adulteration across the country, which directly affected public health at large. The baseline data revealed that a substantial portion of essential food items—including vegetables, fruits, milk products, cereals, and pulses—were either adulterated or substandard.

Alarmingly, surveys indicated that a massive percentage of milk was diluted with water, and highly toxic substances like detergent, urea, and unauthorized chemical dyes were being used as adulterants. Unscrupulous traders routinely added cheap, inferior, and metallic substances like lead or mercury to increase production volume and maximize profits at the cost of human lives, leading to a surge in life-threatening diseases such as cancer and organ failures.

The statutory framework governing the issue shifted from the erstwhile Prevention of Food Adulteration Act to the comprehensive Food Safety and Standard Act, which mandated testing through accredited laboratories and sample collection by Food Safety Officers. However, severe legislative and infrastructural bottlenecks persisted, including a lack of well-equipped food testing laboratories, acute understaffing, underfunding of the Food Authority, and a complete regulatory blind spot regarding the unorganized and agricultural primary sectors. Furthermore, illegal cultivation of crops and vegetables using toxic city wastewater and swamps added to the contamination crisis.

Contentions of the Parties

The Amicus Curiae drew the attention of the Court to various scientific studies and published articles regarding the lethal effects of industrial-grade urea being rampantly mixed into animal feed. It was contended that such excessive usage increased nitrogen levels in animals, severely degraded milk quality, and posed direct health risks to consumers. The Amicus Curiae further placed on record a distressing report highlighting that the unregulated use of unsafe pesticides had resulted in hundreds of farmers' deaths, emphasizing the urgent need for judicial intervention.

The State invited the attention of the Court to the counter-affidavit filed by the Commissionerate of Food Safety and Drug Control. He detailed the enforcement samples collected and analyzed by the department and sought additional time from the Bench to file a comprehensive, explanatory affidavit with specific reference to the ground-level reports submitted by the State Food Safety Officers.

Concurrently, the State Cooperative Dairy Federation was called upon to state its stance via an affidavit regarding the purity of milk distribution and the checking of synthetic products.

Observations and Directions of the Single Bench

The Single Bench of Justice Anoop Kumar Dhand observed that the fundamental right to life guaranteed under Article 21 of the Constitution of India inherently encompasses the right to a safe, healthy, and hazard-free life. It was noted that under Article 47 of the Constitution, the welfare State is under a constitutional obligation to protect citizens from injurious food articles. The Bench observed that while both the Central and State Governments were fully competent to enact penal laws under the Concurrent List, the implementation of the existing food safety legislation was poor, and subsequent amendment bills remained in cold storage.

"The laws are descriptive and the implementation of the legislation is still at its beginning stage and the problem lie in its poor implementation. The Center and the State Government are expected to take this issue of food adulteration in a serious way to save the lives of all humans and living beings, who are suffering from the serious and life threatening diseases, caused by adulterated unsafe food", the Single Bench observed.

The Single Judge, by way of an interim measure, issued a series of directions to the respondents to curb food adulteration effectively:

1. Implementation and Sampling: The Central and State Governments were directed to implement the Act of 2006 more effectively. The State Food Safety Authority (SFSA) and District Authorities were ordered to identify high-risk areas or seasons, collect samples on a regular basis, and conduct periodic snapshot summary tests at the State, District, urban, and rural levels.

2. Infrastructure Upgradation: The SFSA was mandated to ensure that food testing laboratories were well-equipped with proper infrastructure and manned by trained technical personnel.

3. Administrative Oversight: The Court ordered the constitution of a State Level Committee, headed by the Chief Secretary, and District Level Committees, headed by the respective District Collectors, to periodically review the anti-adulteration work executed by the authorities.

4. Grievance Redressal and Monitoring: The Central and State Governments were directed to launch a dedicated website displaying the contact details of Food Safety Officers and a toll-free number to create awareness about the complaint mechanism. Furthermore, a system was ordered to be evolved to monitor compliance and check unethical practices among food safety officers.

5. Public Awareness and Campaigns: The Government was directed to implement the "Sudh ke Liye Yudh" scheme in letter and spirit. Additionally, the State authorities were ordered to circulate awareness messages regarding the ill-effects of adulteration via SMS, radio, television, print, and social media, and to educate school children through targeted workshops and seminars.

6. Compliance Reporting: The Court directed the concerned authorities to submit a mandatory compliance report regarding the regular sampling and remedial steps taken at the end of every month.

Observations and Directions of the Division Bench

Upon taking up the matter on the same day after the Single Judge's order, the Division Bench expanded the horizon of scrutiny to include both government cooperative dairies and private milk marketing federations.

"Studies also reflect that Urea which is otherwise used for industrial purposes is being used rampantly for being mixed in animal feed, resulting in causing loss of the animal's health and has also invited our attention to the various dangers of high Urea animal feed which would result in direct health risk. The chart highlights the usage of excessive Urea and also points out that if an animal consumes feed with excessive Urea for a long time, the levels of Nitrogen and Urea in its body can increase which may lead to poor quality of milk", the Court observed.

The Bench observed that a stringent mechanism was required to thoroughly check the methods adopted by these agencies and to completely prevent the distribution of synthetic milk products.

Accordingly, the State authorities were directed to conduct rigorous inspections across all dairy agencies and submit a detailed report.

Furthermore, dealing with the connected environmental and agricultural aspects, the Division Bench took a serious view of illegal farming practices.

The Bench directed the Pollution Control Board to file a comprehensive status report detailing the enforcement actions taken, including the registration of First Information Reports (FIRs), against individuals engaging in illegal cultivation using dirty city wastewater.

"This order shall not only be limited to the City of Jaipur but to all other cities and respective Officers of the Pollution Control Board at the respective Districts would be responsible for seeing that the vegetables and crops are not grown in the area as above...A report in this regard shall be submitted on the next date regarding the action taken by the Pollution Control Board", the Court directed.

Accordingly, the matter is now listed for further hearing.

Cause Title: Suo Moto In Re- Public Health - Protect The Present And Safeguard The Future From Food Adulteration v. Union of India & Ors. [D.B. Civil Writ Petition No.10675/2024]

Appearances:

Amicus Curiae: Senior Advocate M.S. Singhvi

Respondents: ASG Bharat Vyas, Advocate General Rajendra Prasad, Additional Advocate General Mahi Yadav, Additional Assistant Advocate General Kuldeep Singh Rathore, Additional Assistant Advocate General Yash Joshi, Additional Assistant Advocate General Vishal Kumar, Advocate Harshita Thakral, Advocate Rakesh Choudhary, Advocate Akhil Simlote, Advocate Mudit Singhvi

Click here to read/download the Order passed by the Division Bench

Click here to read/download the Order passed by the Single Bench