The main legal principle established is the need for strict regulation of the availability of calcium carbide to prevent its misuse for artificial ripening of fruits, in line with the Food Safety Standards Act, 2006 and Calcium Carbide Rules, 1987.

JUDGMENT

Am Bujor Barua, J. - Heard Mr. Bhaskar Barua, petitioner in person and also Mr. D. Saikia, learned senior counsel appearing for the authorities under the State of Assam and Mr. S.C Keyal, learned ASGI for the authorities under the Union of India.

2. The petitioner, who is a practicing Advocate in the Gauhati High Court, has preferred this Public Interest Litigation (PIL) raising concern about the fruits being sold in the market, which are ripened by following an artificial process of using a chemical which is calcium carbide. It is stated that the fruits are being plucked from the trees before they ripen at a pre-matured stage. By doing so, it facilitates the traders to transport the un-ripened fruits to its final market destination in a better condition as otherwise there arises the possibility of the fruits getting ripened fast and getting rotten, if it does not reach the market in time or if it could not be sold off at a proper time.

3. To devise a method to come out of it, the fruits are being plucked in an un-ripened condition at a pre-matured stage and then transported to the market destination. Thereafter, they are subjected to a process i.e., by keeping it above a collection of the chemical calcium carbide, which releases some gas and the gas in turn, makes the fruits ripened quickly. When the fruits get ripened in the above process, they are being sold in the market for its final consumption. It being a health concern, the present PIL has been preferred mainly on the ground that the fruits, which are being ripened in an artificial manner by use of calcium carbide has its own detrimental effects on the fruits which is retained even after it is ripened and when the fruits, which are ripened in the said manner are consumed by the people, the ill-effects of the chemical calcium carbides adversely affects their health. It is stated that several scientific reports are available which reveals that serious diseases like cancer, etc., are caused because of consumption of the artificially ripened fruits by using calcium carbide. It is stated that the method of artificially ripening fruits by using calcium carbide prevailing all over has reached a menacing proportion and it is now difficult to find fruits in the market, which are not subjected to such artificial ripening process.

4. Even the respondent authorities in the Union of India and the State of Assam does not dispute the adoption of the procedure for ripening of the fruits in an artificial manner by using the chemical calcium carbide. According to the authorities in the State of Assam, several steps have been taken to prevent the fruits ripened by artificial means from being sold in the market and for the purpose, the officials are more vigilant and whenever detections are made, the persons indulging in such artificial ripening are prosecuted under the law by drawing up appropriate proceedings. Neither is it the case of any of the parties that adoption of the method of artificial ripening by using calcium carbide is not injurious to health nor is it their case that it is not the cause of causing many serious ailments.

5. In the above circumstance, this PIL is preferred for directing the respondent authorities to strictly enforce a ban on the illegal use of calcium carbide by unscrupulous persons for ripening of the fruits. It is the contention of the petitioner that by subjecting the people at large to consume fruits, which are ripened in a contaminated manner by using calcium carbide, the right to life guaranteed under Article 21 of the Constitution of India is also violated. Further, directions are also being sought to the respondent authorities to strictly stop or prohibit the whole-sellers, dealers and vendors of fruits from subjecting the fruits to the process of ripening by use of calcium carbide. Further, directions are also sought for framing of appropriate policy/guidelines to ban "loose sale of calcium carbide in the open market" and for the sale of calcium