Gujarat High Court: In a set of appeals filed by various meat vendors and associations challenging the closure of meat shops, slaughter houses, outlets, hotels by official authorities on grounds of non-compliance with food safety laws and setting up unlicensed shops, the Division Bench of N.V Anjaria* and Niral R. Mehta, JJ., set aside the civil appeals and said that all slaughter houses and meat shops are not ordered to be closed, those who are complying with norms are permitted to run their business.
Factual Background:
In light of various writ petitions filed before the Supreme Court relating to illegal slaughter houses, their impact on the animals, public health and environment and for enforcement of various laws including food safety and standards laws, closure of illegal slaughter houses operating in contravention of the statutory provisions, the animal transport norms and for formation of State Level Committees to oversee the implementation of these and related laws, the Supreme Court passed various orders in the public interest litigation, and issued directions to Central Pollution Control Board to initiate action against all slaughter houses which are not meeting with the norms and complying with the abattoir rules.
Pursuant to the directions of the Supreme Court, unstamped meat shops and premises selling or slaughtering it without license, were subjected to action of closure by the authorities on the ground that they were operated in non-compliance of provisions of various laws.
It is in the above background of facts that the applications were filed before the Court seeking an order to re-open chicken meat shops in the city of Surat.
Whether closure of meat shops was illegal and amounts to deprivation and curtailment of right of free trade under Article 19(1)(g) of the Constitution?
The Court referred to the provisions of Food Safety & Standards Act, 2006 and Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 (‘Food Act’) and said that meat comes as one of the foods under the Act, the Regulation 2.5 of the Food Safety and Standards Regulations, 2011 deals with “Meat and Meat Products”. The regulations provide for adhering to specific hygienic and sanitary practices to be followed by food business operators engaged in manufacturing, processing, storing and selling of meat and meat products. The slaughter house are required to obtain No Objection Certificate (‘NOC’) from the local authority before a license can be granted to such slaughter house to operate.
The Court said that the shops of the applicants were closed as they were not complying with the norms of applicable laws, permission to reopen the meat shops could not be granted because the shop owners remained non-compliant with the laws. Further, the Court said that any fundamental right under Article 19(1) is subject to reasonable restrictions provided in Sub-article (2) to Sub -article (6). It was stated that the provisions of Food Act were applicable to the meat business and meat shops, the regulatory and hygienic measures contemplated for the meat shops and slaughter houses in the said act, which shall operate as reasonable restrictions on the right of the vendors of the meat and slaughter house owners to run their business.
The Court said that the freedom to trade or right to do business have to yield the public health norms and the restrictive compulsions needed to be enforced in larger public good. The right to free trade in food items like meat, or any such food must be sub-serving to public health and food safety requirements.
The Court also pointed towards the consumer’s right to have safe food, it said that the right to food with hygiene is also concomitant to Article 21 of the Constitution, as the right to food itself is. Further, the Court said that the right to ensure such safe food is also an obligation on the State authorities, which they must discharge by implementing and enforcing the food safety norms and other regulatory measures prescribed in the different statutes. Therefore, all the meat shops and slaughter houses which are closed by the authorities since they have failed to comply with the licensing and regulatory norms, food and safety standards, pollution control requirements could hardly be permitted to be reopened on spacious grounds, unless they become fully compliant of such norms and regulations.
Thus, the Court dismissed the applications and observed that meat shop owners, meat vendors or slaughter house owners ensuring the compliance of regulatory norms should be permitted to reopen their shops and establishments and run their business.
[Patel Dharmeshbhai Naranbhai v. Dharmendrabhai Pravinbhai Fofani, 2023 SCC OnLine Guj 986, decided on 11-04-2023]
*Judgment Authored by: Justice N.V. Anjaria
