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New Delhi: Calling it "urbanised phobia of the rich", the Supreme Court on Thursday turned down a public interest litigation (PIL) which sought adoption of World Health Organisation (WHO) norms on permissible limits of certain cancer-causing chemicals in packaged food and drinking water.
The petitioner had contested the Food Safety and Standards Authority of India (FSSAI) standards that allow specified levels of antimony and DEHP or di (2-ethylhexyl) phthalate — chemicals known to leach from plastic water bottles and food packaging. The PIL sought directions to substitute these limits with World Health Organisation norms.
Criticising the petition as “luxury litigation", Chief Justice of India Surya Kant asked the petitioner to understand and recognise the ground realities prevailing across the country. He asked him to travel to parts of India to understand what the country is.
Mentioning Mahatma Gandhi, the Chief Justice said, "When Gandhi came to India, he travelled to all poor parts. Ask the petitioner to travel to the poor parts where there is a challenge to even get water, then he will understand what India is."
He pointed out: “Where is the drinking water in this country? People do not have drinking water; the quality of bottled water will come later on." “This is an urban-centric approach; the people in rural areas drink groundwater, and nothing happens to them," CJI remarked, as reported by Live Law.
"With the situation we face, do you (the petitioner) think we can implement US guidelines, etc. Be alive to ground realities. This is all just talking in the air," the top court observed.
The PIL asserted that the current FSSAI limits on permissible levels of antimony and DEHP in food products were beyond the scope of the law. It sought directions to ensure that any new standards are framed in line with international norms, as mandated under Section 18 of the Food Safety and Standards Act, 2006.
Antimony can become a public health hazard when found in drinking water and commercially produced food, often due to manufacturing errors or leaching from packaging materials. DEHP, or di(2-ethylhexyl) phthalate, is a synthetic chemical added to make plastics flexible. Exposure to this chemical has been linked to an raised risk of cancer as well as damage to the male reproductive system.
The petition urged that, until FSSAI revises its standards, WHO norms for permissible levels of antimony and DEHP be adhered to. It also contested the 2022 standards set by the Bureau of Indian Standards (BIS) regulating the migration of DEHP into plastic packaging.
