Court: Supreme Court of India, New Delhi
Case No: W.P.(C) No. 001100/2023 dated 30-09-2023 Pending- 38350/2023
Case Title: Rajesh Krishnan & Anr Vs. Union of India & Others
Date of filing: 30.09.2023
Brief:
In a significant legal development, the Supreme Court has sought response of Union of India in a Public Interest Litigation (PIL) filed by concerned citizens, challenging the Government of India's iron-fortified rice program. The PIL raises critical concerns about the government's failure to adhere to their own advisories, which caution patients with Thalassemia and Sickle Cell Disease against consuming iron or recommend its use under strict medical supervision. Alarmingly, despite reaching out to various government departments and state food commissioners, the citizens received no response.
The government's iron-fortified rice program is an integral component of public safety net initiatives, including the Public Distribution System (PDS), mid-day meals, and anganwadis, providing sustenance to millions of Indians.
Underlining the gravity of the issue, the Food Safety and Standards Authority of India (FSSAI) has clearly outlined in clause 7(4) of the Food Safety Act, supported by international scientific evidence, that individuals afflicted with haemoglobinopathies like Thalassemia and Sickle Cell Disease should refrain from consuming iron. Such consumption can lead to severe adverse consequences, including organ failure for those with these conditions.
However, investigations carried out by the Alliance for Holistic and Sustainable Agriculture (ASHA) and the Right to Food Campaign during fact-finding visits in two states revealed that iron-fortified rice was being distributed without due consideration, completely ignoring the necessity for medical screenings and supervision. More distressing was the revelation that individuals suffering from haemoglobinopathies were unaware of the potential harm posed by the rice. Astonishingly, state governments had not been issued any guidelines by the central government pertaining to these warnings. In addition, the rice was being distributed in both raw and cooked forms, especially in schemes such as mid-day meals, with minimal and poorly visible written or verbal warnings, often found only on the gunny bags. Shockingly, no provision for iron-free rice was made available to these vulnerable patients.
The recipients of state food schemes who are consuming this synthetic iron-fortified rice primarily consist of economically disadvantaged citizens who heavily rely on state-subsidized food. For them, iron-fortified rice has become a necessity, as they cannot afford to purchase non-fortified rice from the open market. The large-scale implementation of this program commenced before a pilot scheme in 15 states was thoroughly assessed or independently evaluated. According to government responses to Right to Information (RTI) queries, the evaluation of these pilot programs was expected to be concluded by late 2022, yet no evaluation findings have been made available to date.
In light of these pressing concerns, the PIL petitioners have made two fundamental demands. Firstly, they call upon the government to rigorously adhere to clause 7(4) of the Food Safety Act and ensure that comprehensive warnings reach consumers directly. Secondly, they insist that non-fortified rice be provided to patients with medical contraindications, safeguarding the well-being of these vulnerable individuals. The Supreme Court's directive is a significant step towards addressing these vital issues and ensuring the health and safety of those most in need.
Access the Petition here: