SC declines plea on packaged drinking water standards, calls it ‘luxury litigation’

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The Supreme Court connected Thursday (December 18, 2025) declined to entertain a nationalist involvement litigation seeking directions to the Food Safety and Standards Authority of India (FSSAI) to revise its standards connected permissible levels of antimony and Di(2-ethylhexyl) phthalate (DEHP) successful packaged drinking h2o successful enactment with planetary benchmarks.

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that the petition failed to bespeak the “ground reality” of the country, wherever ample sections of the colonisation proceed to grapple with acute shortages of drinking water, and characterised the plea arsenic “luxury litigation”.

“Where is the drinking h2o successful this country? People bash not person drinking water. The prime of bottled h2o volition travel aboriginal on,” the Chief Justice said.

Appearing for the petitioner, elder advocator Anita Shenoy contended that India’s regulatory standards required urgent revision, arsenic they licence importantly higher levels of antimony and DEHP than the thresholds considered harmless by the World Health Organization and regulators successful respective different jurisdictions. Antimony, a metalloid, and DEHP, a synthetic chemic compound, are wide utilized successful integrative products to amended durability, flexibility and wide functionality.

However, declining to entertain the plea, the Chief Justice noted that a important proportionality of the population, peculiarly successful agrarian areas, relied connected groundwater for drinking purposes. “This is an urban-centric approach. People successful agrarian areas portion groundwater, and thing happens to them,” helium said.

‘Ground realities’

Ms. Shenoy submitted that citizens were astatine the precise slightest entitled to an assurance of cleanable and harmless packaged drinking water, emphasising its nonstop implications for nationalist health. Placing reliance connected Section 18 of the Food Safety and Standards Act, 2006, she argued that statutory authorities were bound to comply with prescribed information standards and that specified obligations could not beryllium diluted.

The Chief Justice, however, reiterated that the petitioner had overlooked the much cardinal interest of entree to drinking water. “Water vessel should person this content, that content. These are each luxury litigations,” helium observed, portion besides questioning whether regulatory standards followed successful the United States oregon Europe could beryllium realistically implemented successful airy of prevailing crushed realities.

“Let america look the crushed realities of the country. Nobody takes up the origin of the poor. All this is affluent and urbanised phobia,” helium added.

Ms. Shenoy clarified that the petition was confined to packaged drinking h2o and the transportation of substances from integrative into the water. “It is what travels from integrative into the water,” she said. The Bench, however, remained unconvinced.

Chief Justice Kant urged a broader appreciation of the country’s realities. Referring to Mahatma Gandhi’s travels crossed agrarian India aft his instrumentality from South Africa, helium said specified journeys were undertaken to recognize the plight of the people. “Tell the petitioner to question to parts of India wherever radical are inactive craving for drinking h2o and person lone a fixed quantity. Then helium volition recognize what India is,” helium said.

The plea, filed by designer Sarang Vaman Yadvadkar, said that the beingness of antimony and DEHP beyond permissible limits posed superior risks to quality health. “Both elements are recovered to person impacts connected cardiovascular health, specified arsenic arrhythmias and bradycardia, arsenic good arsenic respiratory irritation and gastrointestinal distress. Chronic vulnerability has been linked to liver and kidney dysfunction, changes successful humor sweetener and cholesterin levels, and histopathological harm to aggregate organs,” it said.

Citing technological literature, Mr. Yadvadkar further contended that DEHP has been identified arsenic a large contributor to cardiovascular disease, and claimed that India recorded the highest fig of DEHP-related cardiovascular deaths, accounting for astir one-third of the planetary toll.

The petition further pointed retired that portion the Bureau of Indian Standards lays down norms for drinking h2o bottles and the FSSAI prescribes standards for drinking water, the 2 regulatory frameworks person developed independently implicit time. “These standards person been modified implicit the people of years, and it is the submission of the Petitioner herein that the latest standards acceptable by some the authorities are not lone not successful consonance with each different but besides are substantially weaker oregon little than the standards acceptable by the World Health Organisation and successful different countries,” it added.

Published - December 18, 2025 07:02 p.m. IST

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