Rotten Meat: HC seeks Govt, FSSAI’s response on PIL in 4 days

Srinagar, Aug 20: The High Court of J&K and Ladakh on Wednesday issued notice to the J&K government for its response on a Public Interest litigation (PIL) seeking judicial intervention to prevent the sale, storage, distribution, and transportation of rotten, unhygienic, and unsafe meat, poultry, and fish products within Jammu and Kashmir.

A division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal also issued notice to the Food Safety and Standards Authority of India (FSSAI) after it impleaded the authority as “party respondent” in the PIL.

The court sought the response by August 25, observing that the issues raised in the PIL filed by Mir Umar through his counsel, Advocate Shafqat Nazir, are of huge concern.

At the very outset of the proceeding, as the matter came up, counsel for the petitioner produced a copy of Greater Kashmir and read out a report titled ‘Meet the Meat Mafia’ that appeared in Greater Kashmir’s August 19 edition.

The report indicated how substandard meat floods Kashmir’s markets and what Kashmir eats.

The counsel said the report encompasses a bitter reality that cannot be shrugged off, to leave the precious lives to die.

“The report is not part of the record as it was published after the PIL was filed,” he said.

“This court will ensure that the PIL reaches its logical conclusion, and heads  may roll,” given the gravity the matter involves,” the Chief Justice observed orally.

Seeking judicial intervention to address the issue, the PIL describes as “serious” the ongoing public “health crisis” in J&K, particularly in Kashmir.

“The crisis stems from the widespread transportation, sale, and distribution of rotten, unhygienic, and unsafe meat and poultry products that enter J&K without mandatory veterinary health certification or public health inspection,” the PIL reads.

The PIL highlights that the unsafe food items pose a grave threat to the lives and health of thousands of unsuspecting consumers, exposing them to potentially fatal diseases, including food poisoning, salmonella, E coli contamination, and other zoonotic infections.

The PIL underscores that despite repeated seizures and media reports highlighting the problem, the “authorities have failed” to take effective, sustained action to prevent the menace.

The petitioner says that this “inaction” constitutes a violation of the fundamental right to life under Article 21 of the Constitution of India and breaches multiple statutory provisions, including the Food Safety and Standards Act, 2006, and related regulations, as well as the Jammu and Kashmir Municipal Corporation Act, 2000.

The petition highlights that the “State’s constitutional duty under Article 47 to improve public health and nutrition is being undermined by this neglect”.

The PIL seeks the court’s intervention for the enforcement of food safety laws, accountability of authorities, establishment of stringent preventive and monitoring mechanisms to ensure that only safe, hygienic meat and poultry products are permitted for sale in J&K, thereby protecting public health and upholding constitutional guarantees.

The PIL underlies that in Jammu and Kashmir, meat and poultry consumption is predominantly by the Muslim majority population for whom adherence to Halal dietary principles is not merely a preference but a religious obligation.

“Given this demographic reality, Halal certification of all meat and poultry products is not just desirable, but necessary to safeguard religious rights, public health, and consumer trust,” it says.

The PIL seeks to ensure that meat and poultry intended for Muslim consumers is compulsorily Halal-certified, and the meat processed through other methods (including Jhatka) is appropriately labelled, so that consumers are fully informed and able to exercise their choice.

According to the PIL, the recent discovery of large quantities of rotten meat in Kashmir has underscored the urgent need for a strict regulatory mechanism.

“Such incidents reveal serious lapses in quality control, hygiene standards, and supply chain monitoring,” it said.

The petition seeks the court’s intervention to direct the government to ensure all necessary measures are taken to prevent the sale, storage, distribution, and transportation of rotten, unhygienic, and unsafe meat and poultry products in J&K.

It also calls for establishing and implementing, within a time-bound framework, a permanent inspection and monitoring mechanism at all entry points, slaughterhouses, and markets to ensure that all meat, fish, and poultry products entering and sold in the J&K are duly certified safe for human consumption by competent veterinary authorities.

The PIL seeks to strictly enforce the provisions of the Food Safety and Standards Act, 2006, the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011, the Jammu and Kashmir Municipal Corporation Act, 2000, and all other applicable laws, rules, and regulations relating to the sale and handling of meat and poultry products.

It also seeks directions for conducting regular, surprise inspections of markets, cold storages, restaurants, and slaughterhouses, and to seize and destroy all unsafe meat products found unfit for human consumption, maintaining public records of such actions for transparency.

The PIL also urges intervention to prosecute and penalise all persons, traders, and entities found guilty of selling, storing, or transporting unsafe meat products, in accordance with the penal provisions of the FSSA, the Bharatiya Nyaya Sanhita, 2023, and other applicable laws.

Deputy Advocate General Bikram Deep Singh and Advocate Hakeem Amaan Ali accepted notices on behalf of J&K government through its Chief Secretary, Commissioner Secretaries of Consumer Affairs and Public Distribution Department, Health and Medical Education Department, as well as Commissioner Srinagar and Jammu Municipal Corporations.