Draconian

The Maharashtra government's draconian move to make food adulteration a non-bailable and a cognisable offence is as appalling as it is baffling. It is an abomination because it gives the police sweeping powers to arrest without warrant any person on the basis of even an unsubstantiated complaint or information (read suspicion). And it is bizarre because such a vital change in the provisions of the Prevention of Food Adulteration Act (PFA), 1954, has been made in haste, through a mere notification. It is clear that little thought has gone into the move, and that stakeholders have not been consulted. Nevertheless, the state government has sought to justify its action by maintaining that the measure is aimed primarily at curbing the rampant adulteration of milk, especially in the slum areas of Mumbai and in the city's suburbs. This explanation does not wash because the amended Section 20 of the statute does not reflect this. In any case, milk adulteration can be checked under the original PFA, which provides for the arrest and punishment of offenders "" but with the important rider that this should be after confirming the fact of adulteration through laboratory tests. By no stretch of imagination can a police officer be deemed technically competent to ascertain adulteration and decide on an arrest without having in his possession conclusive evidence. The scope for misuse and harassment is therefore obvious; no one would have dreamt that when the government talked of ending inspector raj, it intended to replace it with police raj.

Naturally, the food trade in Maharashtra is in a state of mild panic. The edible oil sector's apex body, the Solvent Extractors' Association of India, has shot off a formal representation to the state government, seeking a review of what has been done. The edible oil trade's concern about this retrograde move is understandable as some of the traits of edible oil tend to change with the passage of time, especially if not stored properly. As such, people in the trade can easily fail to conform to the stated original quality parameters even though being wholly unadulterated and safe for human consumption.

The Maharashtra government's action does not appear to be in conformity with the provisions of the new integrated food law which has been passed by Parliament and signed into law but not yet notified. Though the Food Safety and Standards Act, 2006, is in some respects more stringent than the PFA when it comes to adulteration, it rightly makes a distinction between adulterated and sub-standard food stuff and, hence, provides for civil penalties for minor offences and criminal action for serious violations. Even this new central law may not be wholly devoid of disputable provisions, but it has been welcomed by most stakeholders as it does away with the multiplicity of laws as well as authorities governing the food sector. Significantly, the PFA is among the several existing laws that are slated to become extinct on being folded into the new law, once it comes into force. The wise course for the Maharashtra government may therefore be to withdraw its amendment and switch over to civil ways of dealing with trade and business.