SC Rejects Plea On Quality Of Packaged Water As 'Luxury Litigation': 'Urbanised Phobia'

The Supreme Court on Thursday dismissed a public interest litigation (PIL) that called for the implementation of World Health Organization (WHO) standards for permissible levels of certain carcinogenic

chemicals in packaged food and drinking water. However, the top court criticised the petition as “luxury litigation” and referred it to an “urbanised phobia of the rich.”

The PIL contested the Food Safety and Standards Authority of India (FSSAI) regulations that allow specific levels of antimony and DEHP, chemicals that can leach from plastic water bottles and food packaging, and sought to replace them with WHO standards.

During the hearing, Chief Justice of India Surya Kant urged the petitioner to recognise the actual conditions in the country and asked him to travel to parts of India to understand what the country is.

The CJI questioned the very premise of the petition, remarking, “Where is the drinking water in this country, madam? People do not have drinking water; the quality of bottled water will come later on.”

“This is an urban-centric approach; the people in rural areas drink groundwater, and nothing happens to them,” CJI remarked, reported Live Law.

Referencing Mahatma Gandhi, the Chief Justice remarked, “When Gandhi came to India, he traveled to all poor parts. Ask the petitioner to travel to the poor parts where there is a challenge to even get water, then he will understand what India is.”

The PIL argued that the existing FSSAI standards for permissible levels of antimony and DEHP in food items were beyond the scope of the law. It requested that while setting new standards, international norms be considered as mandated under Section 18 of the Food Safety and Standards Act, 2006.

Antimony can pose a public health risk when found in water and commercially produced food due to manufacturing flaws or leaching from packaging materials. While DEHP, or di(2-ethylhexyl) phthalate, is a synthetic chemical often added to plastics to make them flexible. Exposure to these chemicals can increase cancer risk and harm the male reproductive system.

The petition sought directives to follow WHO norms for permissible limits of antimony and DEHP until FSSAI revises its standards.