State Cannot Be A Silent Spectator When Health Of Minor Children, Women And Citizens Is At Stake: Rajasthan High Court Directs Action Against Junk Food, Malnutrition And Mobile Overuse

“Malnutrition And Obesity Threaten The Future: Right To Food And Health Integral To Right To Life” — In a remarkable and sensitive judgment dated 01 July 2025, the Rajasthan High Court, Jaipur Bench, led by Justice Anoop Kumar Dhand, initiated a Suo Moto Public Interest Litigation titled “In Re: Saving the Minor Children, Women and Citizens from Malnutrition or Obesity – Which is Affecting Their Physical and Mental Health”.

The Court opened the judgment with profound words: “Without food it is difficult to remember God and hunger eats into the ethos of culture”, quoting Mahatma Gandhi, and observed that the issue of nutrition is directly linked to life, dignity, and survival under Article 21 of the Constitution of India.

This suo moto action stemmed from the Court’s deep concern over the alarming rise in malnutrition, obesity, and mental health deterioration among children and women, calling it a direct consequence of governmental apathy in enforcing the National Food Security Act, 2013 and the Food Safety and Standards Act, 2006.

“An Empty Stomach Can Never Enjoy Liberty” – Court Declares Right To Food And Health As Non-Negotiable Part Of Article 21

The Court stressed that the Right to Food and Right to Health are not charity but enforceable fundamental rights, observing that:

“Life without liberty would result in some or other form of slavery. Liberty cannot be there to a person having an empty stomach. The individual’s right to life will have no meaning if the State fails to provide adequate food.”

Citing Article 47 of the Constitution, the Court reminded that “it is the primary duty of the State to raise the level of nutrition and improve public health.”

Referring to the Universal Declaration of Human Rights, 1948, and the International Covenant on Economic, Social and Cultural Rights, the Court emphasized that “freedom from hunger is the first step towards achieving dignity and life.”

“When Anganwadi Centres Are Shut And Nutrition Schemes Remain On Paper, It’s A Betrayal Of Constitutional Duty” – Court Expresses Anguish Over Governmental Failure

Justice Dhand noted with deep concern that the provisions under Sections 4, 5, and 6 of the National Food Security Act, 2013—which mandate nutritional support for pregnant women, lactating mothers, and children—remain largely unimplemented.

“It is painful to observe that despite having the National Food Security Act and a well-defined Schedule II of nutritional standards, the authorities have failed to deliver even the most basic requirements to children and women,” the Court lamented.

Calling out the failure of Anganwadi services, the Court remarked that “providing food grains and nutrition is not a favour by the State but a statutory right under the National Food Security Act, 2013.”

“Junk Food And Sugary Drinks Are Silent Killers – Their Sale Around Schools Is Nothing Less Than A Crime” – High Court Slams Food Safety Authorities

Coming down heavily on junk food and carbonated drink consumption among children, the Court declared:

“Junk food and carbonated drinks are unhealthy, addictive, and cause obesity in children, severely affecting both physical and mental health.”

Referring to the Food Safety and Standards Act, 2006, particularly Section 16, the Court held that:

“The statutory authorities have turned a deaf ear and a blind eye to this issue. They have miserably failed to discharge their duties in safeguarding the health of children, who are the future of the nation.”

Noting the FSSAI’s own guidelines, the Court pointed out that despite a clear framework to ban High Fat, Salt and Sugar (HFSS) foods within 50 meters of schools, the enforcement remained on paper.

“Children are growing up addicted to pizzas, burgers, sugary beverages, and deep-fried junk, while the authorities watch silently,” the Court observed.

“When Mobile Becomes A Mother, And Screen Becomes A Teacher – The Nation’s Mental Health Declines” – Court Raises Alarm On Mobile Phone Addiction Among Children

The Court expressed grave concerns about the devastating impact of excessive mobile phone usage by children.

“The continuous exposure to mobile phones by children from 1 to 21 years is seriously hindering their physical growth, mental development, and intellectual abilities,” the Court warned.

Justice Dhand stated that “instead of engaging in physical exercise or intellectually stimulating activities like reading, children rely on mobile phones for instant gratification, leading to shrinking attention spans and compromised mental growth.”

“It is the right time and high time for the Government, the Department of Education, and parents to wake up and take serious, effective measures,” the Court advised.

“Bring Back Dadi-Nani’s Kitchen – Our Traditional Food Is The Medicine Our Children Need” – Court Champions Traditional Eating Habits

In a powerful endorsement of traditional food wisdom, the Court observed:

“Homemade food, especially recipes passed down from grandmothers—‘Dadi-Nani Kitchen’—is highly valued for its nutritional benefits, cultural importance, and ability to connect children to their roots.”

The judgment encouraged promoting seasonal, home-cooked food, and locally sourced nutrition, holding it as a sustainable and healthier alternative to processed junk food.

“Curriculum Must Teach The Value Of Food, The Dangers Of Junk, And The Trap Of Mobile Addiction” – Court Directs Education Reforms

The Court directed the Central and State Education Ministries to frame curricula that:

• “Teach students about the dangers of junk food and sugary drinks.”

• “Include chapters explaining the harms of excessive mobile phone usage.”

• “Promote old, traditional food habits and nutritional wisdom passed down through generations.”

It further directed that visible signboards must be installed in schools warning against junk food and mobile overuse.

“The Health Of Our Future Generation Cannot Be Left To Chance” – Rajasthan High Court Holds Governments Accountable

The Court expressed strong displeasure over the failure of both Central and State Governments to implement the National Food Security Act, 2013 and the Food Safety and Standards Act, 2006.

“The State cannot be a mute spectator while the health and well-being of the future generations are being compromised,” Justice Dhand asserted.

Observing that the situation amounts to a “violation of the fundamental rights of children under Article 21,” the Court demanded concrete accountability.

Notice Issued, Governments Directed To Report Within Four Weeks

The Court ordered notices to be issued to the:

• Union of India – Ministries of Home, Food, Women and Child Development, and Education.

• Food Safety and Standards Authority of India (FSSAI).

• State of Rajasthan – Chief Secretary, Departments of Women and Child Welfare, Food and Civil Supplies, and Education.

The authorities are directed to submit comprehensive reports on:

• The functioning status of Anganwadi centres.

• Steps to curb the sale of junk food and sugary drinks near schools.

• Measures to reduce mobile phone addiction among children.

• Progress on incorporating health, nutrition, and lifestyle education into the school curriculum.

The matter is posted for further hearing on 30 July 2025, with the Court remarking:

“This Court cannot and shall not remain a silent bystander when the well-being of our nation’s children and future is at stake.”

Date of Decision: 01 July 2025