Legal mechanism against adulteration of foods

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Offline Talukdar Rasel Mahmud

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Legal mechanism against adulteration of foods
« on: April 07, 2015, 10:49:44 AM »
We cannot think of our survival without food because of its indispensable nutritional support for the body. Everyone is constitutionally entitled to get pure food. Article 15 of the Constitution says it shall be the fundamental responsibility of the state to secure the basic necessities of life including food, clothing, shelter, education and medical care under.

But adulteration of food flouts the Constitution. It has become a big threat to public health. It is silently killing virtually the whole nation with slow poisoning. Food adulteration has been plaguing our life on a massive scale over the past decade due to increased investment, an expanding market, and high consumer demands.

In food market, basic food items like rice, fish, fruits, vegetables and sweetmeats are adulterated with hazardous and toxic substances. The available food items in the market are being adulterated in different shapes and forms. For example, formalin is being used for preservation of fish, urea to whiten rice and puffed rice, calcium carbide applied to ripen fruits, and thus brick dust mixed with chilli powder, artificial sweeteners and textiles dyes used in sweetmeats.

Experts as well as physicians are worried about the serious and hazardous impact of food adulteration on health. According to their assessment, formalin applied to vegetables, fruit, fish, meat and milk may cause throat and blood cancer, childhood asthma and skin diseases. Calcium carbide may lead to cancer in kidney, liver, skin, prostrate and lungs. The colouring agents, notably chrome and erythrosine, used in spices, sauces, juices, lentils etc may cause cancer, allergy and respiratory problems.

The number of patients suffering from cancer, diabetes and kidney diseases in the country is increasing rapidly for taking adulterated food in recent times. Though medical technology is being developed day by day, our average life span is decreasing. Compared to us, our predecessors enjoyed a longer life. This is because of the pure foods they used to have while we are being deprived of taking safe and pure foods. We are affected with various diseases at an early age for taking adulterated foods available in the market, and thus embracing deaths prematurely.

Adulteration is the work of a dishonest section of businessmen, who mixes preservatives and toxic chemicals with food items to make those look fresh and natural. But, it is a matter of great disappointment that these unscrupulous businessmen frequently disappear after endangering public health. However, considering the present situation, our parliament has taken a good initiative by adopting a new law, namely, Food Safety Act, 2013, to stop the practice of food adulteration. We welcome it as the law will ensure for us a healthy survival.

The new Act provides strict punishment for food adulteration including imprisonment and fine. It has provisions for a maximum punishment of five years' imprisonment or a fine of Tk 1 million or both for persons guilty of food adulteration, and the amount of fine will be double in case of a repeat of the same offence. The Safe Food Act also has a provision for setting up of a unified authority namely the Bangladesh Food Safety Authority (BFSA), to fight against food adulteration and attend to other food-related concerns of consumers. The law also provides provisions for controlling the use of various toxic chemicals in food.

To stop the practice of food adulteration, the key requirement is strict enforcement of laws by the agencies concerned for protecting public health. The apex court of India has observed that the right to life in any civil society implies the right to food [Chameli Singh v State of Uttar Pradesh AIR 1996]. The Indian court has also observed that the maintenance and improvement of public health have a high rank as these are indispensable to the very existence of the community [Vincent v Union of India AIR 1987].

All citizens have the indispensable right to safe and secure food for survival. Many judicial decisions have been pronounced in different countries supporting right to safe food of the people for protection of health and life. As the Indian Supreme Court observed: "A healthy body is the very foundation for all human activities ….in a welfare state it is the obligation of the state to ensure the creation and sustaining of conditions congenial to good health [Bandhua Mukti Morcha v Union of India AIR 1984]."

Impure food is a significant reason for a considerable number of diseases in the entire world, and Bangladesh, is no exception. Consumption of unsafe food has become a serious threat to public health in our country in the last couple of decades. Besides implementation of laws, public awareness about and education on food safety should be enhanced.

We believe, and are optimistic that the new Food Safety Act will be able to prevent rampant adulteration of food items, and thus will ensure disease-free health for the people.

See more at: http://www.thefinancialexpress-bd.com/2013/11/09/2973/print
Talukdar Rasel Mahmud
Lecturer, Department of Law
Daffodil International University (DIU)
Contact No:+88 01719 479603.