New Delhi, Dec 18 The Supreme Court on Thursday refused to entertain a public interest litigation (PIL) challenging India's existing quality standards for bottled drinking water and plastic packaging.
A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi remarked that the plea reflected a disconnect from the country’s ground realities.
The PIL questioned the standards prescribed by the Food Safety and Standards Authority of India (FSSAI) and the Bureau of Indian Standards (BIS) for permissible levels of antimony and DEHP (Di(2-ethylhexyl) phthalate) in packaged drinking water and plastic bottles.
During the hearing, the CJI Surya Kant-led Bench remarked on the petitioner’s reliance on foreign standards and guidelines.
"With the situation we face, do you (the petitioner) think we can implement US guidelines, etc. Be alive to ground realities. You are citing Australian and Saudi Arabian guidelines. This is all just talking in the air," the apex court observed, adding that India cannot at this stage adopt benchmarks followed in developed countries.
"If the petitioner would have pushed for drinking water supply in villages which do not have access to any, we can understand. But what description should be on water bottles, etc., is just luxury litigation," the bench said.
The Supreme Court refused to entertain the petition but granted liberty to the petitioner to submit a representation to the government authorities.
"Submit a representation to the authorities. We are sure it will be considered," the bench said.
The petition, filed under Article 32 of the Constitution through advocate Shrishti Agnihotri, had sought quashing of FSSAI and BIS notifications prescribing permissible limits of antimony and DEHP in drinking water and plastic packaging, alleging that the standards were "ultra vires Article 14 of the Constitution" and contrary to the Food Safety and Standards Act, 2006.
As per the PIL, India, being a signatory to the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, is obligated to ensure that international norms relating to health and safe drinking water are implemented through domestic law.
The petitioner argued that Indian standards "allow a higher amount of antimony and DEHP to be present in drinking water, as compared to the safe permissible amount set by the World Health Organisation and in other countries”.
The plea further alleged that FSSAI failed to discharge its statutory duty under Section 18 of the FSSAI Act, 2006, which mandates that international standards be taken into account while framing regulations and that an "open and transparent public consultation" be conducted during the preparation or revision of standards.
Contending that higher exposure to antimony and DEHP poses serious health risks, including cardiovascular, respiratory and organ-related disorders, the petitioner claimed that the existing standards violate the right to health and the right to clean drinking water under Article 21 of the Constitution.
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