Karnataka High Court
The Malnad Areca Marketing ... vs Union Of India (Uoi) And Anr. on 4 April, 2007
Equivalent citations: 2007CRILJ3797
ORDER H.V.G. Ramesh, J.
1. In this petition, the petitioners have sought for issuance of an appropriate writ or orders striking down the impugned amendment to Rule 42 zzz(6) of the Prevention of Food Adulteration Rules, 1955, as being unconstitutional, illegal, without jurisdiction and authority of law, as the same is violative of the fundamental rights and other legal rights of the petitioners, violative of principles of natural justice and procedural safeguards and has not been founded on valid and germane materials, ultra vires the provisions of the Act, suffers from the excessive delegation and such other reliefs.
2. Heard the learned Counsel for the petitioners, the learned Additional Government Advocate and also the Central Government Standing Counsel.
3. According to the petitioners, amendment inserted on pan bags carrying supari with a warning to the effect "chewing of supari is injurious to health" is arbitrary, irrational and without any basis. The insertion of this amendment under the provisions of the Prevention of Food Adulteration Rules, 1954 and the rules thereunder namely Prevention of Food Adulteration Rules, 1955 as violative of Articles 14, 19 and 21 of the Constitution of India.
4. Petitioner No. 1 is said to be a registered Society having its field of operation extending to the whole of Shimoga district, Chlkmagalore and also Davanagere District having established the same in the year 1939 for the purpose of canalizing and regulating the market facilities including providing scientific storage facility. About 14,000 farmers, shareholders/members provide the organizational base to the petitioner Society and the Board through its resolution had decided to challenge the legality of the provision introduced in the rules.
5. According to the petitioners, this Arecanut is known as betelnut or supari. It is a horticultural crop in India and many other Asian countries like Malaysia, Singapore, Burma, Srilanka, Bangala Desh, etc. In India, cultivation of Arecanut is mostly confined to States of Karnataka, Kerala and Assam parts of Maharashtra and Tamil Nadu. However, the consumption of arecanut is spread all over the country as being one of the major food habits of the people of India and India is the largest producer of arecanut in the world. Even prior to 1951, the Government of India with a view to avoid import of arecanut and for encouraging and building up indigenous production and to save Foreign Exchange, took a decision to be self sufficient in arecanut prediction as such, there is extensive and intensive arecanut cultivation through institutional financing, banking has been introduced by the Government and the Banks have been financing arecanut cultivation on liberal terms and conditions. This crop is economically viable and India was importing a huge quantity of arecanut from neighbouring countries. Arecanut cultivation later became popular horticultural operation among farming committee. Since 1974 till 1993-94 there was no such import of arecanut thereby there was saving of foreign exchange. But, subsequently there was a change in the policy and started importing arecanut which has badly damaged the prospectus of the farmers of arecanut and more than 4.00 lakhs hectares arecanut cultivation is being carried out and more than 15.00 lakh petty pawn shops earn their livelihood by selling pawn beeda and the annual turnover of the value added product of arecanut is more than Rs. 10,000 crores p.a. More than 20.00 lakhs families are involved in the cultivation of arecanut.
6. Even according to the petitioners, numerous scientific studies have been conducted to investigate the effects of consumption of betelnut that betelnut is said to be not harmful rather it has got food value and medicinal value. However, no conclusive evidence have been found to positively and definitely indicate that the Arecanut consumption as a whole is injurious to health. But, consumption of Pan Masala/Gutka wherein arecanut is a major constituent is found injurious to health when it is prepared along with tobacco and other chemicals. However, arecanut on its own cannot be construed as harmful. Even the research work carried out by Dr. M. Mohan Rao in a most authenticated monograph "The Arecanut Palm" published by Central Government indicate the following important points in respect of Arecanut:
(i) Chewing of arecanut is said to increase the production of saliva and extract juices and thus aid digestion;
(ii) It strengthens the gums and teeth and cleanness and deodorizes the mouth;
(iii) It is an appetizer and stimulator.
Even in ancient books that has been used for curing certain diseases like Anemia, Leucoderma, Leprosy, Cough, Fits, Worms and obeys etc. Even it is used as a purgative and used for preparation of an ointment for the treatment of Ulcer. Even in the Hitopadesha Arecanut is described as pungent, bitter, spicy and sweet and it expels gas, removes phlegm and bad odour and kills worms and that arecanut powder is used as an anti-helminthis. Several Research Laboratories and Institutions have undertaken a study cum investigation and have come out with a report that it has got positive quality of being more medicinal digestive food and it is used as appetizer. It is also stated that the arecanut is a very important in the cultural and traditional lives of Indians from time immemorial and in almost every religious rituals, arecanut is used as mandatory component. The Central Plantation Crops Research Institute, Kasaragod has conducted an extensive Scientific Research study on arecanut and a book is also published in this regard. Arecanuts have antimicrobial properties. In their non-alkaloid fractions fold used for the nuts include both diarrhea and leukemia uses, althemintic and vermifuge, stimulate external skin ulcers, and tooth and breath freshner. It is also used as cardiac and nervine tonic, carminative, colling and laxative and anti-diabetic etc. It is stated that several researches conducted by various Institutions including Central Organizations have assessed the importance and medicinal value of the arecanut as such a decision taken by the Respondent-Authority to insert the warning "Chewing of Arecanut is injuries to health" is without any basis and violative of constitutional and statutory rights.
7. Although, statement of objections is shown to have been prepared on behalf of the Central Government, the same is not filed even after lapse of three to four years.
8. It is the submission of the learned Counsel for the petitioner that might be that by-products like gutka and other things which are prepared by adding some chemicals and other things to this arecanut may be injurious to health. But, arecanut as it is which is also termed as supari or betelnut is more useful product and it is being used for various other purposes since time immemorial and the insertion of such a warning on the bags will come in the way of constitutional rights of the petitioners and various organizations and further submitted that such a provision /rule introduced to brand the supari bags with a warning "chewing of supari is injurious to health" is illegal.
9. Per contra, the learned Additional Government Advocate submitted that stand taken by the Government is based on the research and study made and the same cannot be easily ignored as there will be so many side-effects by using this arecanut as such it was decided to introduce the provision of branding the warning on the supari bags.
10. On the previous occasion, it is also argued by the learned Counsel for the Central Government that there was no arbitrariness nor illegality in such a statutory warning being introduced and put label on the supari bags and it is being made after detailed study and research.
11. In the light of the arguments advanced the learned Counsel for the respective parties, let me to consider whether the impugned rule introduced is violative of constitutional or fundamental rights of the petitioners?
12. Of course, various studies conducted by various Institutions have given a report that the by-products like gutka and other things which are being prepared by using chemicals would hazardous to health. But the detailed study made in this regard by the Department of Agricultural Economics, University of Agricultural Sciences, Bangalore at Annexure-A, it has found that there is medicinal and nutritive value in the arecanut and also British Dental Journal depicts that there is no such harm in chewing betelnut. Even the studies made earlier by some of the research institutions is shown to have not pointed out any direct link between chewing of arecanut and cancer. Might be that pan masala and gutka having some side effects, as noted in Annexure-A, a detailed study depicts that to due to presence of chemicals in such pan masala and gutka. It will have side effects. Even according to the report of the University of Arizone, USA consumption of tobacco which is associated with the arecanut is the price cause of oral cancer and therefore, arecanut is being used independently, it may not lead to oral cancer and this has not good nutritive value and also it is deeply rooted in the religious and cultural life. Even the ancient research studies shown to have depicted that it is one of the products having medicinal value. Arecanut is rich and contains essential nutrients such as calcium, phosphorous, Iron, Vitamin A, Vitamin B6, protein, Carbohydrate and fat etc. And it is also said to be neutralizes the hyper acidity, absorbs the gases in the gastro intestinal tract and even cures gastric ulcer. It also controls Dysentery, Diarrhea, Heart Burn, Urinary stones, Jaundice, excessive passing of flatus, flatulent, colic etc. It also strengthen the gums and the teeth and cleanses and deodorizes the mouth. Arecanut is used as a stimulant and an appetizer and also said to be used as a purgative and also a detailed study re-, veals that it is more useful as medicine as well as appetizer. Even there said to be reference to the betelnut in the ancient verbs as to its importance as medical value as well as other advantages as appetizer and having antiseptic character, etc.
13. In the book entitled "Medicinal Secrets of Your Food" by Dr. Aman, the importance of arecanut is highlighted which also depicts that no such harm is caused in consumption of betelnut or supari. Even in the book published by the Indian Drug Research Laboratory, namely "Pharmacological properties of arecanut" the arecanut is held to be anthelmitic, activises cardiovascular system and also having anti-microblal activities. Ultimately it is held that the use of arecanut or supari is shown to be not harmful in various research studies being conducted. Might be that by-products like pan masala to which some other chemicals are added and similarly gutka. If the tobacco is used in the same, then it is shown to be harmful but arecanut in its original form or supari is not shown to be harmful or injurious to health and consumption thereof is also held to be having more of medicinal value and digestive value. Under the circumstances, rule introduced by way of amendment to Rule 42zzz(6) of Prevention of Food Adulteration Act to insert the warning to the effect that "Chewing of supari is injurious to health" is arbitrary and irrational and also against the scientific investigation. As contended by the petitioners, such branding of statutory warning on the bags and packs would definitely will have adverse effect on the cultivation of arecanut and also it affects the prospectus of so many farmers who are depending upon this business and cultivation, as there is research and detailed study that is being conducted depicts that arecanut is more useful than harmful. Under the circumstances, if statutory warning is allowed to be introduced or if it is to be branded on the bags containing supari, it may have an effect on the profession of so many farmers and more over it is not in the form of restriction as is totally against the scientific investigation. Under the circumstances, the rule amended and introduced to insert the statutory warning will be ultra vires the Acts as well as the provisions of the Constitution.
14. For the foregoing reasons, the writ petition is allowed and the impugned rule by way of amendment to the rules framed under the Prevention of Food Adulteration Rules, 1955 is struck down and the same has to be removed from the Rules.