The Right To Consume Safe And Hygienic Food Is A Part Of Right To Life Under Article 21 Of The Constitution - Gujarat HC

The Gujarat High Court recently denied relief to illegal meat shops, stating that the right to consume safe and hygienic food is a part of the right to life under Article 21 of the Constitution. The court also emphasized that ensuring safe food is the responsibility of State authorities who are obligated to implement and enforce food safety regulations prescribed in different statutes. The court refused relief in several applications filed by meat and chicken shop owners seeking permission to continue their businesses, which had been shut by civic authorities.

The court's decision to shut down the shops was based on a PIL, which claimed that the shops were functioning in violation of various obligatory norms. The PIL petition also sought implementation of the Top Court’s verdicts and provisions of the Prevention of Cruelty to Animals Act, which mandates that animals be slaughtered only in licensed slaughterhouses. According to the PIL petition, thousands of shops across Gujarat were selling "unstamped" meat, which means meat not procured from licensed slaughterhouses, but procured by killing animals in the local shops.

However, the shop owners argued that they have the right to carry on their own business and their profession should be protected. Nonetheless, the court upheld the decision to shut down the shops, citing the importance of ensuring safe and hygienic food for all citizens.

The court ruled that the right to do business is not an absolute right, and shop owners cannot have unrestricted freedom to conduct their businesses in meat or run slaughterhouses on the basis of religious occasions if they do not comply with legal norms. The court emphasized that the applicants had not challenged any provisions of the Acts or Regulations that formed the basis of the action taken against them.

The court stated that restrictions imposed by the Food Safety and Standards Act, 2006, and the Food Safety Regulations on meat shops to maintain hygiene and other standards are reasonable restrictions on the right of vendors and slaughterhouse owners to run their businesses. The court also clarified that not all slaughterhouses and meat shops were ordered to be closed down, and those complying with the norms were permitted to continue their business.