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2002 Supreme(Del) 1697
High Court Of Delhi
OZAIRHUSAIN - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 837 of 2001
Decided On : 11/13/2002
IQBAL SHAMSI, RAHUL SHARMA, RAJ PANJWANI, UPAMANYU HAZARIKA
Headnote:Constitution of India, 1950 - Articles 19(1)(a), 21, 25 — Disclosure of information — Ingredients of food products, drugs, cosmetics, etc. — Where packages of food products, drugs and cosmetics dont disclose any information in writing und by an appropriate symbol about the composition of the products contained therein, right to freedom of conscious of the consumers is violated as they may be unconsciously consuming a product against their faiths, beliefs and opinions, hit by articles 19(1)(a), 21 and 25 of the Constitution.
Held:
To enable a person to practice the beliefs and opinions which he holds, in a meaningful manner, if is essential for him to receive the relevant infermation, otherwise He may be prevented front acting in consonance with his beliefs and opinions. In case a vegetarian consumer does not know the ingredients of cosmetics, drugs or food products which he/she wishes to buy, it will be difficult for him or her to practise, vegetarianism. In the aforesaid context, freedom of expression enshrined in Article 19(1)(a) can serve two broad purpose (1) it can help the consigner to discover the truth about the composition of the products, whether made of animals including birds and fresh water or marine animals or eggs, and (2) it can help him to fulfill his belief or opinion in vegetarianism.
World has moved towards universalisation of right to freedom of expression. In this context we may refer to Article 10 of the European Convention on Human Rights. Article 10 of the Convention provides that every one has a right to freedom of expression and this right shall include freedom to hold opinions and to receive information and ideas without interference by public authority and regardless of frontiers.
Again, Articles 19(1) and 10(2) of the International Covenant on Civil and Political Rights declares that every one shall have the right to hold opinions without interference, and every one shall have the right to freedom of expression, and this right shall include freedom to seek, receive and impart information of ideas of all kinds regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. It needs to be noted that India is a signatory to the aforesaid convention.
Right to hold opinions and to receive information und ideas without interference embodied in the Covenant is concomitant to the right to freedom of speech and expression which includes right to free flow of information. Since ancient times we have allowed noble thoughts to come from all sides [Rig Veda]. This has helped in forming, building, strengthening nurturing, replenishing and recreating opinions and beliefs of an individual.
Reading Article 19(1)(a) Along with the Covenant, it must be recognised that right to freedom of speech and expression includes freedom to seek, receive and impart information of ideas. It seems to us that freedom to hold opinions, ideas, beliefs and freedom of thought, etc., which is also enshrined in Preamble to the Constitution, is part of freedom of speech and expression.
In view of transnational developments when distances are shrinking, international communities are coming together for cooperating in various spheres and they are moving towards global perspectives in various fields including hitman rights, the expression "liberty" must receive an expanded meaning. The expression cannot be cribbed or confined to mere freedom from bodily restraint. It is wide enough to expand to full range of rights including right to hold a particular opinion and right to sustain and nurture that opinion. For sustaining and nurturing that opinion it becomes necessary to receive information. In this view of the matter, Article 21 grants freedom to an individual to follow and to stick to his opinion, and for pursuing such a course he has right to receive information and also a right to know the ingredients or the constituents of cosmetics, drugs and food products.
It is the fundamental right of the cosmetics to know whether the food products, cosmetics and drugs are of non-vegetarian or vegetarian origin, as otherwise it will violate their fundamental rights under Articles 19(1)(a), 21 and 25 of the Constitution.
It is held that the Constitution mandates disclosure of information, since there is a constitutionally guaranteed right of the consumers to the full disclosure of the ingredients of cosmetics, drugs and articles of food.
A consumer of cosmetics, drugs and articles of food has a constitutionally guaranteed right to the full disclosure of the ingredients thereof clearly specified on the product or its label or wrapper by means of a writing; (ii) packages of non-vegetarian products should bear a symbol giving their non-vegetarian origin; and (iii) a package of vegetarian product should also bear a symbol?
( 1 ) BY this public interest writ petition the petitioner seeks:
(I) a direction to the respondents to protect the rights of innocent conscientious consumers who object to the use of animals in whole or in part or their derivatives in food, cosmetics and drugs, etc. , by making the manufacturers and packers thereof to disclose the ingredients of the aforesaid products so that they make an informed choice with regard to their consumption;
(II) a direction to the manufacturers and packers of cosmetics, drugs and articles of food for complete and full disclosure of the ingredients of their products being sold to consumers;
(III) a declaration that the consumers have a right of making an informed choice between the products made or derived from animal and non-animal ingredients; and
(IV) a direction to the manufacturers and packers of food, cosmetics and drugs that the products made from animals should bear an easily identifiable symbol conveying that it has an animal ingredient. The petitioner seeks the directions and declaration keeping in view the fact that about 60% of the people of this country are vegetarians so that they can make an informed choice of products as per their beliefs and opinions.
( 2 ) THE petitioner claims to be an animal welfare volunteer and a member of several animal welfare organisations. He is also stated to be a conscientious objector to the consumption and use of animals and their derivatives for food, cosmetics and drugs. It has been highlighted in the petition that more than 60% of the people of this country are vegetarians and over 50% of them are illiterate and large number of them cannot read or write English. It is urged by the learned counsel for the petitioner that there should be complete disclosure of constituents of cosmetics and food products and that such products should bear an easily recognisable symbol conveying the origin or ingredients of the products, whether vegetarian or non- vegetarian, so that both literate or illiterate consumers can make an informed choice before selecting the products. He pleads that Articles 19 (l) (a), 21, 25 of the constitution as also the Preamble to the Constitution mandates disclosure of information.
( 3 ) THE questions for our determination in this petition are:
(I) whether or not in this country a consumer of cosmetics, drugs and articles of food has a constitutionally guaranteed right to the full disclosure of the ingredients thereof clearly specified on the product or its label or wrapper by means of a writing;
(II)WHETHER or not packages of non-vegetarian products should bear a symbol giving their non-vegetarian origin; and
(III) whether or not a package of vegetarian product should also bear a symbol ?
( 4 ) IN short the main question which requires our consideration is: Whether the Constitution mandates disclosure of information? The answer to the other two questions will depend on answer to the main question. It seems to us that answer to the main question lies in Article 19 (l) (a), 21 and 25 of the Constitution and preamble thereto. To answer the question, it will also be necessary to keep in view some of the articles of European Convention on Human Rights, International Covenant on Civil and Political Rights and the judgments on the subject. Consideration of the question with reference to Article 19 (l) (a) of the Constitution read with Preamble thereto:
( 5 ) ARTICLE 19 (l) (a) of the Constitution guarantees to all citizens freedom of speech and expression. At the same time, Article 19 (2) permits the State to make any law in so far as such law imposes reasonable restrictions on the exercise of the rights conferred by Article 19 (l) (a) of the Constitution in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency, morality, contempt of court, defamation and incitement to an offence.
( 6 ) IN State of U. P. v. Raj Naravan and others. (1975) 4 S. C.
