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SC junks PIL seeking intl standards for packaged drinking water

Terms it 'luxury litigation' in a country where large population lacks access to basic drinking water

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The Supreme Court on Thursday refused to entertain a PIL seeking enforcement of international standards for packaged drinking water, terming it a “luxury litigation” in a country where a large population still lacked access to basic drinking water.
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“Where is the drinking water in this country, madam? People do not have drinking water; the quality of bottled water will come later on,” a Bench of CJI Surya Kant and Justice Joymalya Bagchi told senior advocate Anita Shenoy, who represented the petitioner.

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Filed by one Sarang Vaman Yadwadkar, the PIL sought directions to align Indian standards for packaged drinking water with global benchmarks, including those prescribed by the World Health Organisation (WHO).

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Shenoy said the issue directly concerned public health and consumer safety and that citizens were entitled to clean and safe packaged drinking water.

Citing Section 18 of the Food Safety and Standards Act, 2006, which mandates adherence to prescribed safety norms, she submitted that statutory obligations could not be diluted merely because access to drinking water remained uneven across the country.

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However, questioning the very premise of the petition, CJI Kant said the court could not lose sight of the broader realities in the country.

“This is an urban-centric approach… the people in rural areas drink groundwater, and nothing happens to them,” the CJI said.

Sensing the court’s mood, Shenoy chose to withdraw the PIL with the liberty to approach the FSSAI with the grievances.

“Do you think we will be able to introduce the USA, Japan, EU guidelines? Let’s face the ground realities of the country. Nobody takes up the cause of the poor, all this is rich and urbanised phobia,” the CJI said.

“When Gandhi came to India (from South Africa), he travelled to all parts of the country. Ask the petitioner to travel to the poor parts where there is a challenge even to get water, then he will understand what India is,” the CJI told Shenoy.

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