Travancore Devaswom Board - Sabarimala Special Commissioner Report (SSCR No. 45 of 2023)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN`** ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH FRIDAY, THE 22[ND] DAY OF DECEMBER 2023/1ST POUSHA, 1945 SSCR NO. 45 OF 2023 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SABARIMALA SPECIAL COMMISSIONER REPORT - SM. NO. 45/2023 - THE REGULATORY MEASURES TAKEN BY THE FOOD SAFETY DEPARTMENT DURING THE MANDALA MAKARAVILAKKU FESTIVAL SEASON 1199 M.E WITH RESPECT TO THE HOTELS, LIGHT REFRESHMENT STALLS, FRUIT AND JUICE STALLS ETC. AS DIRECTED BY THE HON'BLE HIGH COURT OF KERALA IN WP(C)NOS.29371 & 29762 OF 2023 – SUO MOUT PROCEEDINGS INITIATED - REG. ``` ## **`PETITIONER:`** ## **`SUO MOTU`** ## **`RESPONDENTS:`** ``` 1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SERCRETARIAT, THIRUVANANTHAPURAM - 695001 ``` ``` *2 THE COMMISSIONER OF FOOD SAFETY COMMISSIONERATE OF FOOD SAFETY, DEPARTMENT OF HEALTH SERVICES, THIRUVANANTHAPURAM 695014 ``` ``` *(DESCRIPTION OF THE 2[ND] RESPONDENT IS SUO MOTU CORRECTED BY DELETING THE WORDS “DEPARTMENT OF HEALTH SERVICES” BY THE ORDER DATED 22/12/2023 IN SSCR NO.45 OF 2023) ``` ``` 3 THE CHIEF ANALYST GOVERNMENT ANALYSTS' LABORATORY, THIRUVANANTHAPURAM 695035 ``` 2 SSCR No.45 of 2023 - **`4 DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM, BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM 695003`** - **`5 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM 695 003`** - **`6 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM 695005`** - **`7 EXECUTIVE OFFICER SABARIMALA, SABARIMALA P.O., PATHANAMTHITTA 689 662`** - **`*ADDL.R8 CHIEF VIGILANCE AND SECURITY OFFICER (SUPERINTENDENT OF POLICE), TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003`** - **`*ADDL.R9 FOOD SAFETY OFFICER, SANNIDHANAM, SABARIMALA, PATHANAMTHITTA - 689713`** - **`*ADDL.R10 FOOD SAFETY OFFICER, PAMBA, PATHANAMTHITTA - 689662`** ``` *ADDL.R11 FOOD SAFETY OFFICER, NILAKKAL, PATHANAMTHITTA - 689 645 ``` ``` ADDL.RESPONDENTS 8 TO 11 ARE SUO MOTU IMPLEADED VIDE ORDER DATED 22.12.2023 IN SSCR NO.45 OF 2023 ``` ``` SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU - SC - TRAVANCORE DEVASWOM BOARD ; SRI N.RAGHURAJ- AMICUS CURIAE FOR SPL.COMMISSIONER, SABARIMALA ``` ``` THIS SABARIMALA SPECIAL COMMISSIONER REPORT HAVING ``` ``` COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 SSCR No.45 of 2023 ## **ORDER** Anil K. Narendran, J. The Special Commissioner, Sabarimala has filed this report regarding the regulatory measures taken by the Food Safety Department during Mandala-Makaravilakku festival season of 1199 ME (2023-24), with respect to hotels, light refreshment stalls, fruit and juice stalls, etc., as directed by this Court in the judgment dated 12.09.2023 in W.P.(C)Nos.29371 and 29762 of 2023. Paragraph 33 of that judgment reads thus; “33. SSCR No.23 of 2022 filed by the Special Commissioner, Sabarimala regarding crowd management and other issues at Nilakkal, Pamba and Sannidhanam, during Mandala-Makaravilakku festival season of 1198 ME, has already been disposed of by the order dated 20.01.2023 and the Special Commissioner has been directed to file a fresh report on the above aspects seeking appropriate directions, during Mandala-Makaravilakku festival season of 1199 ME. In the said report the Special Commissioner shall also deal with the regulatory measures that have to be taken during the festival season of 1199 ME in respect of hotels, light refreshment stalls, fruit and juice stalls, etc., in order to ensure strict compliance of the food safety standards and other statutory requirements by the Kuthaka holders. The Food Safety Commissioner and also the concerned officials shall be made parties to the report to be filed by the Special Commissioner.” 2. Heard the learned Senior Government Pleader, the 4 SSCR No.45 of 2023 learned Standing Counsel for the Travancore Devaswom Board and also the learned Amicus Curiae for Special Commissioner. 3. In this SSCR, the Special Commissioner, Sabarimala has stated that the 2[nd] respondent Commissioner of Food Safety has made necessary arrangements at Sannidhanam and Pamba for ensuring the quality of raw materials used for the preparation of prasadam. The Food Safety Department had already arranged food testing labs at Nilakkal and Erumeli, where the preliminary testing of food articles from Pamba, Nilakkal and Erumeli can be done. To ensure the availability of portable water, water samples are collected from different water kiosks and analysed at the Government Analyst’s Laboratory. Regular inspections are being conducted at all Edathavalams like Chengannur, Panthalam, Ettumanoor, Aryankavu, Achankovil, Kumili, etc. Food Safety Officers conducted Food Safety Training and Certification (FoSTaC) training for vendors at Sannidhanam, Pamba and Nilakkal to educate them about proper food handling practices and adherence to hygiene protocol. In addition to routine inspections, the Department has established a system for quick response to any food safety concerns. Pilgrims can report issues. Stickers exhibiting the Toll-free phone numbers of Food Safety Department (1800-425-1125) and the Food Safety Officers at 5 SSCR No.45 of 2023 Pamba, Nilakkal and Sannidhanam are affixed in every hotel and light refreshment stalls so that the pilgrims can make complaints about the quality of food. Along with the report, a photograph of the toll-free phone number and the phone numbers of Food Safety Officers at Sannidhanam, Pamba and Nilakkal exhibited in an eatery is placed on record, which is reproduced hereunder; **==> picture [234 x 216] intentionally omitted <==** 4. Food Safety and Standards Act, 2006 (for brevity, ‘the Act’) is enacted by Parliament to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of - India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto. 6 SSCR No.45 of 2023 5. In **Centre for Public Interest Litigation v. Union of India and others [(2013) 16 SCC 279]** , the Apex Court held that any food article which is hazardous or injurious to public health is a potential danger to the fundamental right to life guaranteed under Article 21 of the Constitution of India. A paramount duty is cast on the States and its authorities to achieve an appropriate level of protection to human life and health which is a fundamental right guaranteed to the citizens under Article 21 read with Article 47 of the Constitution of India. 6. In **Swami Achyutanand Tirth v. Union of India [(2016) 9 SCC 699]** the Apex Court noticed that some of the objectives of the Food Safety and Standards Act are as follows; (i) to consolidate the laws relating to food, (ii) to establish Food Safety and Standards Authority of India for laying down science- based standards for articles of food, (iii) to regulate their manufacture, storage, distribution, sale and import, (iv) to ensure availability of safe and wholesome food for human consumption. The Act, apart from making more stringent provisions (e.g. prescribing higher penalties, etc.) to curb food adulteration, also ushers in new concepts such as putting in place food safety management systems and food safety audits to realise its ultimate goal of ensuring the availability of safe and 7 SSCR No.45 of 2023 wholesome food for human consumption. In order to ensure food safety, effective food safety systems implementation and to ensure that food producers and suppliers operate responsibly and supply safe food to consumers, the Act further stipulates (i) licensing for the manufacture of food products, which is presently granted by the Central agencies under various Acts and orders, would stand decentralised to the Commissioner of Food Safety and his office, (ii) single reference point for all matters relating to food safety and standards, regulations and - enforcement, (iii) shift from mere regulatory regime to self compliance through food safety management systems, (iv) responsibility on food business operators to ensure that food processed, manufactured, imported or distributed is in compliance with the domestic food laws. 7. Having considered the report of the Special Commissioner, Sabarimala and the submissions made at the Bar, we deem it appropriate to direct additional respondents 9 to 11 Food Safety Officers at Sannidhanam, Pamba and Nilakkal to conduct routine inspections of the light refreshment stalls, hotels and other establishments selling food items at Sannidhanam, Pamba and Nilakkal, in order to ensure that the pilgrims can have a pilgrimage, with confidence in the safety and quality of 8 SSCR No.45 of 2023 food items available at Sannidhanam, Pamba and Nilakkal. The Vigilance Wing of the Travancore Devaswom Board headed by the additional 8[th] respondent Chief Vigilance and Security Officer (Superintendent of Police) shall also conduct routine inspections in the light refreshment stalls, hotels and other establishments selling food items at Sannidhanam, Pamba and Nilakkal to ensure that the pilgrims are provided with safe and quality food for consumption. More than 20% of the pilgrims during the current Mandala-Makaravilakku festival season are women and children of tender age. Any violation in the Food Safety Standards detected in the light refreshment stalls, hotels and other establishments selling food items at Sannidhanam, Pamba and Nilakkal and also at Erumeli shall be dealt with appropriately, by taking stringent action. With the above directions, this SSCR is disposed of. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **G. GIRISH, JUDGE** AV/22/12