Observing that it is a fundamental right of the consumer to know the details of the packaged food, Delhi High Court on Wednesday directed the Food Safety and Standards Authority of India (FSSAI) to issue a fresh communication to all the authorities concerned stating the obligation to make clear disclosure as to whether the food article is vegetarian or non-vegetarian.
There must be a complete disclosure regarding a food article being vegetarian or non-vegetarian as fundamental rights of every person are impacted by what is offered on the platter, said the Bench comprising Justices Vipin Sanghi and DK Sharma.
The HC passed the order while hearing a plea for labelling "all items" used by the public, including home appliances and apparel, as "vegetarian" or "non-vegetarian" on the basis of their ingredients and "items used in manufacturing process". Judges agreed with the submission made by the petitioner's counsel that it is pointless to issue such a communication to the authorities and not to the general public whose fundamental rights are affected.
“We direct that the fresh communication/ order be given wide publicity to in all the national dailies,” the bench said.
The Bench further said, “Since the right of every person under Article 21 (protection of life and personal liberty) and Article 25 (freedom to conscience and free profession, practice and propagation of religion) under the Constitution is impacted by what is offered on a platter, in our view it is fundamental that a full and complete disclosure regarding the food article being vegetarian or non-vegetarian is made a part of consumer awareness.”
The Bench said it was of the view that failure on the part of authorities in ensuring that full and complete disclosure as to whether any packaged food article is vegetarian or non-vegetarian also defeats the object for which the Food Safety and Standards Act was enacted. The court also directed the FSSAI and the Centre to file detailed counter affidavits in the matter and listed the plea for further proceedings on May 21.
Advocate Rajat Aneja, appearing for petitioner Ram Gaua Raksha Dal -- a trust working towards the welfare of cows, submitted that the December 22, 2021 communication still leaves a lot of ambiguity and does not clearly require food business operators to make a disclosure as to whether or not the food item is veg or non-veg on the basis that even if its use is miniscule, it would make the article non-veg.