Ensuring Public Health: The NHRC’s Ongoing Battle with Food Safety Standards and the Rise of Non-Communicable Diseases in India
In recent years, the landscape of public health in India has been increasingly shaped by the escalating impact of Non-Communicable Diseases (NCDs) such as diabetes, cardiovascular diseases, and obesity. These ailments have become the leading causes of morbidity and mortality, demanding urgent, proactive action. Among the primary culprits contributing to this surge in NCDs is the widespread consumption of processed and packaged foods laden with excessive salt, fat, and sugar. While these ingredients enhance the taste and shelf life of these products, they also impose significant health risks, leading the Food Safety and Standards Authority of India (FSSAI) and other regulatory bodies to rethink the country’s food safety policies.https://english.junputh.com/open-space/strong-fopl-policy-needed-for-tackling-malnutrition-in-times-of-covid/
One of the recent and notable efforts addressing these public health concerns was led by two dedicated human rights advocates, Shruti Nagvanshi and Shirin Shabana Khan. On September 14, 2021, they filed a complaint with the National Human Rights Commission (NHRC) (Case number: 4227/90/0/2021), inspired by an article by Lenin Raghuvanshi, who shared his personal experience with COVID-19 and Non-Communicable Diseases (NCDs). In his piece, titled "Need for a Strong FoPL Regime as a Policy Tool to Address Malnutrition in Post-COVID Society" (Junputh article link), he emphasized the urgent need for effective front-of-package labeling (FoPL) to combat malnutrition exacerbated by the pandemic. This complaint has spotlighted the significant public health risks posed by India’s packaged food industry and has catalyzed a series of actions and ongoing discussions within the Food Safety and Standards Authority of India (FSSAI) to protect public health. This article explores the journey of this complaint, the subsequent regulatory measures, and the broader implications for food safety in India.
The Complaint and Initial Response
The complaint by Shruti Nagvanshi and Shirin Shabana Khan highlighted a critical public health issue: the role of unhealthy dietary ingredients in packaged foods, which are driving the incidence of NCDs across India. Recognizing the need for stringent regulatory action, the NHRC took up the matter with FSSAI, directing the authority to investigate the issue thoroughly and to act upon it. This prompted FSSAI to initiate consultations with experts and stakeholders to evaluate and recommend necessary changes in food standards and labelling practices.
On May 31, 2023, in a bid to expedite the review process, NHRC instructed FSSAI to share the recommendations formulated by a scientific panel along with insights from the Indian Institute of Management (IIM), Ahmedabad. The intention was to ensure that FSSAI’s Regulatory Compliance Division takes these recommendations into account while finalizing any new regulations aimed at curbing the harmful effects of packaged foods. This directive underscored the NHRC's dedication to implementing policies that prioritize citizens’ health over industry convenience.
The Role of the Expert Committee
In response to NHRC's directive, FSSAI took a significant step by establishing an Expert Committee tasked with examining all received comments on the proposed regulations. This committee comprises food safety professionals, scientists, and public health experts, who collectively bring a wealth of knowledge to address the complexities of food safety. Their mandate included a meticulous review of the draft notification, analyzing feedback from various stakeholders, and evaluating best practices in food regulation from other countries.
By August 17, 2023, the Expert Committee’s review process was well underway, with members delving into the key issues raised in the NHRC's directives. The Committee’s focus is not just on the nutritional content of packaged foods but also on the broader implications of Front of Package Nutrition Labelling (FOPNL) – a labeling system designed to inform consumers about the nutritional value and potential health risks associated with food products. FOPNL is widely recognized globally as an effective tool to guide consumers toward healthier choices. However, implementing such a system in India, given the diverse and vast population, presents unique challenges that the Expert Committee aims to address.
Persistent Follow-ups and Reminders from the NHRC
Despite FSSAI’s efforts, the process of finalizing the report on FOPNL and other recommendations has been slow. Recognizing the urgent need for action, the NHRC issued repeated reminders to FSSAI. On March 21, 2024, NHRC once again directed FSSAI to submit the Expert Committee's findings within eight weeks. When this deadline passed without any submission, the NHRC followed up with reminders on July 9 and August 29, 2024. These reminders signify the NHRC’s unyielding commitment to ensuring that FSSAI maintains accountability and adheres to the timelines for addressing this critical issue.
The lack of a timely report raised concerns within the NHRC regarding the potential delay in implementing new safety standards for packaged foods. The NHRC’s persistence reflects the understanding that each delay prolongs the exposure of Indian consumers to health risks associated with high salt, fat, and sugar levels in processed foods.
Current Status and FSSAI’s Latest Communication
In response to the NHRC's pressure, FSSAI finally provided an update on August 21, 2024, indicating that the Expert Committee was nearing the completion of its review process. The Committee’s report would then require final approval from the Food Authority before being submitted to the NHRC. This communication outlined that the Committee was carefully considering the extensive feedback received from various stakeholders, including public health advocates, consumer groups, and industry representatives. FSSAI committed to sharing the finalized recommendations with the NHRC once the Food Authority had reviewed and endorsed the Expert Committee's findings.
On October 24, 2024, the NHRC issued a new directive to the Joint Director of FSSAI, mandating the submission of the Expert Committee’s final report within four weeks. This directive comes with an implicit understanding that further delays will not be tolerated, as the issue at hand directly impacts the health and well-being of millions of Indians.
The Path Forward: A Transformative Shift in India’s Food Safety Standards?
The NHRC’s concerted efforts to hold FSSAI accountable are part of a larger movement in India toward establishing transparent, health-centric food standards. With NCDs on the rise, the role of regulatory bodies in controlling the marketing and composition of packaged foods has come under intense scrutiny. The recommendations from the Expert Committee and the impending FOPNL regulations have the potential to reshape India’s packaged food industry, encouraging companies to adopt healthier formulations and clearer labeling practices.
Once implemented, FOPNL would provide consumers with accessible information regarding the nutritional content of food products. This initiative aligns with the “right to health” principle, empowering consumers to make informed choices and leading to a gradual shift in consumption patterns. The FOPNL labeling system would categorize food products based on their nutritional profile, clearly indicating high levels of unhealthy ingredients such as salt, sugar, and saturated fats. It is hoped that this clarity will dissuade consumers from purchasing unhealthy products and incentivize manufacturers to reduce unhealthy ingredients.
Broader Implications for Public Health Policy and Corporate Responsibility
The outcome of this case extends beyond food labeling and regulations. It serves as a critical juncture for public health policy in India, where the need for preventive measures against NCDs has become more pressing. By advocating for transparency in food labeling, NHRC has emphasized the importance of corporate responsibility within the food industry. Packaged food companies, once driven solely by profit motives, may now be compelled to consider the health impacts of their products, a shift that could inspire greater corporate accountability.
Moreover, this case reflects an important collaboration between public health advocates, regulatory bodies, and consumers. Activists like Shruti Nagvanshi and Shirin Shabana Khan play a vital role in driving these changes, underscoring the power of civil society in influencing public health policies. Their advocacy has catalyzed a series of responses that, if followed through, could have lasting positive effects on India’s public health landscape.
Conclusion: A Milestone in India’s Fight Against NCDs
The NHRC’s actions reflect an unwavering commitment to tackling India’s NCD crisis by ensuring the safety and transparency of packaged foods. With the Expert Committee's report pending, the stage is set for FSSAI to enact meaningful reforms that prioritize public health. While the road to implementation may present further challenges, the NHRC’s dedication and persistence in this case offer a beacon of hope for a healthier India.
The forthcoming report from FSSAI will determine the extent to which India’s food industry can pivot toward a model that balances consumer safety with corporate interests. Should FSSAI successfully implement the proposed changes, it would mark a significant victory for public health in India, setting a precedent for other developing nations grappling with similar challenges. This case underscores the importance of regulatory vigilance, civil society engagement, and a unified approach to safeguarding the health of millions.
Action : Additional Information Called for(Action No 10)
| Action Date | 24/10/2024 | ||||
|---|---|---|---|---|---|
| Authority | To:- JOINT DIRECTOR Food Safety and Standards Authority of India , Science and Standards ( S and S) Division, FDA Bhawan, Kotla Road near Bal Bhawan DELHI DELHI 110002 Email- karthik@fssai.gov.in, drkavitha.r@fssai.gov.in Cc:- CHIEF EXECUTIVE OFFICER Food Safety and Standards Authority of India, FDA Bhawan, Kotla Marg, near Bal Bhavan, Mandi House, New Delhi DELHI DELHI 110002 Email- ceo@fssai.gov.in | ||||
| Procceeding | In
the instant case, the complainants vide complaint dated 14.09.2021
alleged that Non Communicable Diseases (NCDs) are the major cause of
morbidity and mortality in India. The packaged food is high in salt, fat
and sugar which poses major risk factors for Obesity and NCDs. The Commission vide proceedings dated 31.05.2023 directed to send the recommendations made by the scientific panel as well as IIM, Ahmedabad to the Director, Regulatory Compliance Division, Food Safety and Standards Authority of India, New Delhi with a request to consider the recommendations, communications on the various points received by the Commission while finalizing the notification and submit a report within three months. Pursuant to the directions of the Commission, the Joint Director (S&S Division), Food Safety and Standards Authority of India(FSSAI), New Delhi vide letter dated 17.08.2023 has submitted that FSSAI has constituted an Expert Committee to review the comments received and other matters. It is further submitted that the Expert Committee is in process of reviewing the comments received and will submit its report to the food authority subsequently. The Commission vide proceedings dated 21.03.2024 directed the Joint Director, FSSAI, New Delhi to submit a report of the Expert Committee within eight weeks to the Commission. Upon non-receipt of requisite reports, the Commission vide proceedings dated 09.07.2024 and 29.08.2024 issued a reminder to the Joint Director, FSSAI, New Delhi for submission of requisite reports to the Commission. Meanwhile, the Commission received a letter dated 21.08.2024 from the Joint Director, Science and Standards division, FSSAI submitting that FSSAI has constituted an Expert Committee to review comments received and other matters related to FOPNL. The Expert Committee is in the process of reviewing the comments received on the above-mentioned draft notification and also examining the views of various stakeholders. The recommendations of the Expert Committee may be shared with Commission after approval from Food Authority. The Joint Director, FSSAI, New Delhi is hereby directed to submit the requisite report to the Commission within four weeks. Put up after four weeks. | ||||
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| Diary No | 15413/IN/2021 | Section | FC |
| Language | ENGLISH | Mode | HRCNET/ONLINE |
| Received Date | 14/09/2021 | Complaint Date | 14/09/2021 |
| Victim Name | YOUTH, WOMEN AND CHILDREN | Gender | Female |
|---|---|---|---|
| Religion | Unknown | Cast | Unknown |
| Address | ALL OVER INDIA | ||
| District | ALL OVER INDIA | State | ALL OVER INDIA |
| Name | SHRUTI NAGVANSHI AND SHIRIN SHABANA KHAN | ||
|---|---|---|---|
| Address | SA 4/2 A DAULATPUR, VARANASI - 221002 | ||
| District | ALL OVER INDIA | State | ALL OVER INDIA ( 0 ) |
| Incident Place | ALL OVER INDIA | Incident Date | NA |
|---|---|---|---|
| Incident Category | MISCELLENOUS | ||
| Incident District | ALL OVER INDIA | Incident State | ALL OVER INDIA |
|
Incident Details Link for details: https://www.scribd.com/document/790298524/Ensuring-Public-Health-The-NHRC-s-Ongoing-Battle-with-Food-Safety-Standards-and-the-Rise-of-Non-Communicable-Diseases-in-India | |||
Ensuring Public Health: The NHRC’s Ongoing Battle with Food Safety Standards and the Rise of Non-Communicab... by pvchr.india9214 on Scribd
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