The Supreme Court on Wednesday issued a directive to the Indian government, demanding a decision within four weeks on the inclusion of an advisory regarding the distribution of fortified rice. This advisory, as mandated by the Food Safety and Standards (Fortification of Foods) Regulations, 2018, aims to address the potential health risks associated with iron fortification for individuals suffering from thalassemia and sickle cell disease.
The court’s decision, made by a bench comprising Justices B.R. Gavai and K.V. Vishwanathan, calls upon the government to act upon the recommendations of an expert committee formed on November 30, 2023. The recommendations of this committee, however, remain undisclosed.
The court’s directive arose from a public interest litigation (PIL) filed by Rajesh Krishnan and others, seeking compliance with clause 7(4) of the Food Safety and Standards (Fortification of Foods) Regulations, 2018. This clause explicitly states that individuals with conditions like thalassemia and sickle cell disease are advised against consuming iron-fortified food due to the potential adverse effects.
The regulations also stipulate that every package of iron-fortified food must include a clear statement: “People with thalassemia may take it under medical supervision, and persons with sickle cell anaemia are advised not to consume iron-fortified food products.”
In January, the Supreme Court had granted the expert committee a three-month timeframe to thoroughly examine the issue and submit its report. The apex court is scheduled to revisit the case on August 28.
The impetus for this directive arises from the Cabinet Committee on Economic Affairs (CCEA) approval in April 2022 to supply fortified rice through various welfare schemes including the public distribution system (PDS), Integrated Child Development Services (ICDS), Pradhan Mantri Poshan Shakti Nirman-PM POSHAN (formerly known as the mid-day meal scheme), and other welfare programs across all states and Union territories. This phased implementation was planned for completion by 2024.
In May, the Madras High Court echoed concerns regarding the potential risks associated with fortified rice consumption for specific individuals, further urging the Centre to address these concerns.
The petitioners argued that the government’s decision to distribute fortified rice through the PDS and other schemes was implemented without adequate scientific evaluation. They highlighted the need for specific warnings on the rice bags, emphasizing that individuals with medical conditions like thalassemia and sickle cell disease should not consume fortified rice due to the potential health complications.
Fortification, a process of adding nutrients not naturally present or present in insufficient amounts to food products, has been a subject of debate regarding its impact on individuals with specific health conditions.
Earlier, a centrally sponsored pilot scheme on rice fortification and its distribution under the PDS was implemented for a three-year period, commencing in 2019-20. Eleven states – Andhra Pradesh, Gujarat, Maharashtra, Tamil Nadu, Chhattisgarh, Uttar Pradesh, Odisha, Telangana, Madhya Pradesh, Uttarakhand, and Jharkhand – successfully distributed fortified rice in designated districts (one district per state) as part of the pilot scheme.
The Supreme Court’s directive underscores the importance of considering the needs of individuals with specific health conditions when implementing food fortification programs. The decision to include an advisory on fortified rice distribution will potentially mitigate risks and ensure the well-being of vulnerable populations.
