Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

"The right to health, nutrition and safe food for children is an integral part of Right to Life under Article 21 of the Constitution of India." Rajasthan High Court, in an expansive order dated August 24, 2026, has directed the State authorities to strictly enforce the ban on the sale of High Fat, Sugar and Salt (HFSS) foods, carbonated drinks, chips, and trans-fat bakery items within 50 metres of school campuses across Rajasthan.

Taking suo moto cognizance of the alarming rise in lifestyle diseases among children, a single bench of Justice Anoop Kumar Dhand observed that the fundamental right to health and safe nutrition flows directly from Article 21 of the Constitution of India. The Court expressed grave distress over the non-implementation of statutory food safety regulations notified more than six years ago.

The High Court initiated suo moto Public Interest Litigation proceedings titled In Re: "In the matter of Welfare and Future of Generation Gen-Z, Gen-Alpha and Gen-Beta" after taking judicial notice of electronic and print media reports highlighting the deficient nutritional, infrastructural, and digital standards in educational institutions. The Court registered the matter against the Union of India, the State of Rajasthan, and the Food Safety and Standards Authority of India (FSSAI) to address widespread systemic non-compliance with child welfare and food safety mandates.

The primary question before the Court was whether the non-implementation of the Food Safety and Standards (Safe Food and Balanced Diets for Children in Schools) Regulations, 2020 violates the fundamental right to health of schoolchildren under Article 21 and the directive principles under Article 47 of the Constitution of India. The Court also examined the extent to which the State is constitutionally mandated to prohibit the commercial sale and advertisement of HFSS foods within and around educational institutions.

Right To Safe Food Inextricably Linked To Article 21

The High Court underscored that access to wholesome nutrition and safe dietary practices is a non-negotiable component of the right to life. Tracing the constitutional mandate, the bench noted that under Article 47 of the Constitution of India, the State is under a primary duty to raise nutritional levels, improve public health, and elevate the standard of living of its young citizens.

State's Inaction Over Six Years Deprecating FSSAI Regulations

Justice Dhand highlighted that to give statutory effect to these constitutional duties, the FSSAI had notified the Food Safety and Standards (Safe Food and Balanced Diets for Children in Schools) Regulations, 2020 under Section 16(1) of the Food Safety and Standards Act, 2006. The Court expressed sharp displeasure that despite the passage of more than six years since the 2020 Regulations came into force, no effective or concrete enforcement steps have been undertaken by either the Union or State governments.

Absolute Prohibition On HFSS Foods Near School Gates

Addressing the commercial exploitation of children's dietary choices, the Court highlighted Regulation 5 of the 2020 Regulations, which categorically outlaws the sale, promotion, and marketing of foods rich in saturated fats, trans-fats, and added sugars in school premises. The Court emphasized that no food vendor or business operator can be permitted to market or sell HFSS products within a 50-metre radius of any school gate in any direction.

"No person shall advertise or market or sell or offer for sale including free sale, or permit sale of, food products high in saturated fat or trans-fat or added sugar or sodium in school campus or to school children in an area within fifty meters from the school gate in any direction."

Mandatory Calorie Labelling And Traffic Light System In Canteens

The bench emphasized the need for transparency in food preparation, calling for immediate reforms in school canteens and messes in alignment with Regulation 3 and Regulation 4. The Court directed all school canteens across Rajasthan to adopt the "Traffic Light Labelling" mechanism within eight weeks and prominently display menu boards disclosing calorie counts, ingredients, and detailed nutritional values.

Constitution Of School Food Safety Committees

The Court further mandated that every educational institution must establish a dedicated "School Food Safety and Nutrition Committee" comprising teachers, parents, and student representatives within four weeks. It observed that the nutritional guidelines published by the National Institute of Nutrition must serve as the benchmark for midday meals and canteen menus, ensuring that growing children are safeguarded against obesity and non-communicable lifestyle disorders.

"Children are future of a nation because they grow up to become its workforce, leaders and caretakers. They are flowers of our national garden and it is our prime duty to protect these flowers."

Interim Injunction Restraining Carbonated Drinks And Junk Food

By way of an interim order operative until further directions, the Court directed the State respondents to strictly ensure that carbonated beverages, chips, trans-fat bakery items, and all categories of HFSS foods are completely prohibited from being sold in any school across the State of Rajasthan in contravention of the 2020 Regulations. District Magistrates and Block Education Officers have been tasked with carrying out mandatory monthly inspections.

The High Court issued show-cause notices returnable within eight weeks to the Union of India, the State of Rajasthan, FSSAI, and the Rajasthan State Commission for Protection of Child Rights, directing them to submit comprehensive compliance affidavits. Requesting multiple senior advocates and counsel to assist the bench as amicus curiae across different generational challenges, the Court directed the Registry to place the matter before the Acting Chief Justice for regular bench listing.

Date of Decision: 24 August 2026