MILK ADULTERATION IN DELHI- NCR: A MYTH OR REALITY: AN ANALYSIS OF EXISITING LEGAL AND REGULATORY FRAMEWORKS IN CURBING MILK ADULTERATION
DOI:
https://doi.org/10.29121/shodhkosh.v5.i1.2024.3851Keywords:
Milk Adulteration, Health, Awareness, Legal and RegulatoryAbstract [English]
Milk has a history of being advertised as a superfood and an essential in an average Indian’s day. Over the years, the quality of milk is degrading due to mixing of any substance that is inferior in quality but promises better profits. This process is adulteration of the milk and has become quite common in India. In actuality, within the realm of food products, milk stands out as particularly susceptible to adulteration, hence posing significant health risks to consumers. Though the matters concerning the 'right to health' is immensely important India does not recognise it as a Fundamental Right. However, several judicial interpretations have considered it a part of the Article 21, Right to Life. This confers an important status to the matter to public health. Thus, the judicial interpretation serves as a supplementary component to the 'Right to Life' and the same is also considered to be of extreme importance under the Indian Constitution’s (IC) Part IV . Its inclusion in Article 21 necessitates the need to curb the menace of adulteration in food products and in specific, in the milk which is undoubtedly an important source of nourishment. Thus, this research looks to analyse existing laws and policies providing for requisite standards to be maintained with respect to milk quality and the role of judiciary in protecting the right to health concerning adulterated supply of milk. There are numerous judgements wherein courts have expressed significant concern on the worrisome prevalence of such practices inside the nation and have advocated for the implementation of rigorous penalties for this transgression. Incorporating both doctrinal and an empirical component to the research, the authors via this research try to map the success of government (govt.) and other stakeholders in ensuring availability of safe milk in Delhi -NCR while emphasising on the dire need of empowering the citizens through legal sensitisation and advocating awareness in this regard. Also, this research put forth various suggestions to strengthen legal and regulatory frameworks to combat the menace of milk adulteration effectively.
References
The feasibility of getting milk samples tested through the labs approved by the Food Safety and Standards Authority of India can drop the cost of testing of milk samples for the general public. The supplier can be put under consumer surveillance if there is a feasibility of authorised testing labs.
Free Veterinary Medicine and advice should be made readily available to the farmers so that the reliance of the cattle keepers on their self-medication and informal sources is reduced.
Administration of non-therapeutic antibiotics and hormones to the animals should be strictly prohibited.
There should be free distribution of primary milk testing kits for adulteration in every household once or twice in a year. It will definitely empower the citizens to become agents of govt. agencies in enforcing the quality of food.
Further, there is a need to enhance the punitive action for the offence of mixing adulterants with the milk. It is pertinent to note that under the new Bhartiya Nyaya Sanhita (BNS),2023 (to be enforced from July1, 2024) section 27456F dealing with food adulteration or drink intended for sale, the amount of Fine has been boosted from one to five thousand rupees
Enforcing measures to cover whistle blowers who report cases of contamination, will also encourage people to come forward with the information.
Conducting random / surprise examinations at dairy granges, recycling shops, and retail outlets will surely discourage contamination and secure effective compliance with the existing norms.
Safeguarding the public health against milk adulteration can be achieved to its maximum if these suggestions are implemented in true letter and spirit.
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Copyright (c) 2024 Dr. Harleen kaur, Dr. Anju Sinha

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