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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, SANJEET PUROHIT
Kritesh Oswal S/o Sohan Lal – Appellant
Versus
Union of India, through its Cabinet Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. right to food as an integral part of the right to life. (Para 1 , 2 , 3) |
| 2. pil addressing concerns regarding gm food regulations. (Para 5 , 6 , 9) |
| 3. need for urgent safety regulations for food safety. (Para 18 , 19 , 20 , 31) |
| 4. no approvals for gm food without established regulations. (Para 44 , 45 , 62) |
| 5. court mandates actions on gm food regulations. (Para 63 , 64) |
JUDGMENT :
SANJEET PUROHIT, J.
I. PREFACE:
1. Food is the foundation of life, sustaining not merely the physical body but nourishing the very essence of human existence and consciousness. The profound wisdom embedded in our ancient Vedic scriptures establishes food safety as the supreme principle underlying all existence. The Taittiriya Upanishad, in it’s Brahmanandavalli (2nd Anuvaka), verse 1 says:
"Indeed, all species of living beings on Earth originate from food; therefore, they live by food and in the end, they merge back into food. Since among all created substances, food is the oldest, it is called the ‘Supreme Medicine’ of the entire universe."
This reveals food as the primordial source, sustainer, and ultimate destination of all life forms in the Cosmos.
2. The Chandogya Upanishad also illuminates
The absence of a regulatory framework for genetically modified foods under Section 22 of the Food Safety and Standards Act violates the right to life and health, necessitating immediate legislative a....
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The responsibility of the authorities for strict implementation of food safety regulations and the need for specific instances of violation to support a petition.
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Restriction imposed trade and business in chewing/chewable tobacco products is in larger public interest and is a reasonable restriction and in no way offends right to carry on trade guaranteed under....
Any food article which is hazardous or injurious to public health is a potential danger to fundamental right to life guaranteed under Article 21 of Constitution of India.
The Food Safety and Standards Act provides an exclusive mechanism for prosecuting food safety violations, superseding provisions of the IPC, making unrelated FIRs impermissible.
The Food Safety and Standards Act, 2006 exclusively governs food adulteration matters, rendering prosecution under the IPC concurrent provisions impermissible.
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