ROTTEN MEAT ROW ROCKS HOUSE

Jammu, Feb 13: Speaker J&K Legislative Assembly Abdul Rahim Rather on Friday suggested the Minister for Health and Medical Education Department Sakeena Itoo to bring a bill to amend “The Food Safety and Standards Act, 2006” to give it teeth to arrest the disturbing trend vis-à-vis sale of rotten meat, chicken and other adulterated food in the Union Territory.

His suggestion came after the Minister admitted in the House that the Act had deficiencies to effectively check the menace and the Members of the House flagged serious concern over seizure of rotten or unsafe meat and other adulterated food items in J&K, particularly in Kashmir valley during the last year.

As the Members described existing law toothless and asked why no arrests were made in the cases, which directly related to people’s health, the Minister stated that the Act had no such provision. The arrests could be made only by the Police, which was not under the (elected) government under the UT set-up, she pointed out.

The issue was raised by four National Conference members Mir Saifullah, Mubarak Gul, Peerzada Farooq Ahmad Shah and Justice (retired) Hasnain Masoodi through their separate questions in the House on “Food adulteration and sale of rotten meat.”

Itoo, replying to their clubbed questions, informed the House that during current Financial Year 2025-26, the incidents relating to the sale and seizure of rotten or unsafe meat and meat products were reported and detected in the Kashmir valley during routine surveillance drives.

“Accordingly, special enforcement drives were conducted across all districts of the Union Territory and up to December 2025, 2139 kg meat worth Rs 3,90,137 was seized while 12,183.5 kg rotten meat worth Rs 29,19,060 was destroyed across J&K (9 districts of Srinagar division and 1 district of Jammu division). Besides, 7665 kg Paneer worth Rs 16,32,150 was seized from Jammu and Samba districts and destroyed,” Itoo said, while also sharing the district wise details of seizures, individuals and establishments found responsible in these cases and action taken under various provisions of the Act.

Mir Saifullah, raising his supplementary, said, “The issue is very important as it directly relates to people, Last year it was detected. Rotten meat and chicken were being sold in every nook and corner of Kashmir. I want to know how it has entered J&K when the Finance department has its toll posts everywhere. Secondly, what has been the role of the Police in this case? Rotten meat and chicken reached almost every house in Kashmir. Where were the Police? There is a third department – the Food Security (Safety) Department. What is its role as it checks every shop, restaurant and hotel?”

He stated then there were the employees of Municipal Corporation, Council and Committees.

“It means there are four departments which monitor food adulteration or the sale of rotten meat and chicken. My first supplementary is – I want to know about the details about the arrests of guilty persons. Is the challan of those arrested was presented? Were they fined? How much fine has been accumulated in the state exchequer on this account? This was a very big scandal. Has any responsibility been fixed for it vis-à-vis the officials of four departments monitoring this issue? As the reply demonstrates that they have recovered a huge quantity of rotten meat and chicken. But what action has been taken after fixing responsibility, if the government has acted?” Saifullah threw posers.

Justice Hasnain Masoodi stated that as the question involved human lives, there was no importance of post facto responses and the focus should be more on the preventive measures.

“The reply shows 100 percent acquittals. As per the reply, there are only acquittals and no conviction has been recorded. Preventive and enforcement measures should be further strengthened. Given the gravity of the situation and alarming quantity of seizures should have led to a comprehensive investigation and the cases should have been presented in the court. But contrary to that there are 100 percent acquittals,” he said.

Justice Hasnain reiterated that besides focusing on the preventive measures, it should also be looked into if there were lapses on the part of prosecution behind acquittals or there was shortage of manpower. “If there is shortage of effective manpower, then the government should address that crucial aspect of manpower deficit also,” he suggested.

Mubarak Gul, while describing the issue as very crucial, pointed out that diseases of varied kinds were on the rise in J&K and food adulteration was one of the major reasons behind it.

“I think that this department has not the capacity to effectively perform its responsibilities. When this issue erupted, as a concerned MLA, I called officials of the Food Safety Department and they informed me that there were only four officials in Srinagar and were holding the charge of Budgam also. Then I met a Food Safety judge, he apprised me that he was not having any staff. During the district level board meeting, I raised this issue,” he shared with the House.

Gul pointed out, “The adulterated food items are sent for testing in Ghaziabad and Punjab and it takes a lot of time to get a report. To address this concern, there should be fast-track food analysis or testing facilities in Jammu and at every district headquarter.”

He said that the second crucial aspect was that there was no provision of punishment in this case.

“There is no such law in place to effectively tackle this menace. I’ve even submitted a bill in this regard in the current session. There should be a very stringent law to check this threat as is there in case of drug menace. Properties of those resorting to adulteration should be seized, their business ventures should be closed,” Gul said.

Rather asked him to discuss the issue in detail when he would move his bill in the House. Upon this, Gul suggested that there should be a discussion on the issue in the House.

He also asked the government if it would fast-track the process to fill up vacant posts in the department. “Till the time, they can depute persons, posted elsewhere in the department, against the vacant posts, which was a very serious problem,” Gul suggested.

Farooq Shah informed the House that he had headed the petition committee in this regard.

“We came across horrible things. Issue is grave as it directly relates to the health and ultimately lives of people. You can see cases of colon, gastro cancer on rise and the reason is rotten, adulterated food. As far as this department is concerned, it is a toothless organisation. It does not have any power. Executing authorities are the additional DCs, who remain busy in their own work. None gives attention to this department. The issue is not related to realisation of fines, the matter needs deterrence,” he asserted.

He pointed out that the department had only 16 Block Medical Officers and even they did not have the subordinate staff.

“They should fill all the posts of BMOs. They have three posts of Deputy Commissioners. They should create the posts of Joint Director Kashmir and Joint director Jammu and give them powers to act against this mafia, worse than the drugs mafia. Besides, they should have enforcement wings at Lakhanpur and Qazigund,” Shah suggested.

He also suggested the establishment of slaughter houses (by the Housing department) in all the Municipal Committees and both the Corporations.

Shah also endorsed the suggestion of Mubarak Gul to convene a half-an-hour discussion in the House on the issue.

Sakeena Itoo, while replying to their supplementaries, stated that she was expecting the members to raise points on this very significant issue and the Food Safety and Standards Act, 2006 during the discussion on demands for grants for the concerned departments. “But hardly any member talked about this issue, during the discussion on grants. We have given all the details about the concerned department, seizures and other aspects in the reply to the MLAs’ clubbed questions. As the members, particularly Gul Sahib, talked about staff shortage. That is a valid point. But all the vacant posts have been referred to the Board. Once selected, they will be deployed against vacant posts to strengthen the department’s functioning. Since this issue relates to people’s health, the government cannot afford to be slack,” she asserted.

Itoo reiterated, “Under the relevant Act, the Food Safety authorities cannot arrest anyone. They are not authorised to do so. They can lodge a complaint in the court but not at their own level. Only the Police can arrest the culprit under the Code of Criminal Procedure (CrPC). This Act has certain deficiencies. Under the Act, only the notices can be served, fines can be imposed but cannot file a case. This can be done only by the Police.”

She stated that the MLAs too had a role to strengthen the Act. “They should pin-point the lacunae so that the government can rectify them,” Itoo added. She lauded the officials working under the Act.

“It is only after 2024 that the department has come to an active mode and it is evident in surprise visits, inspections, such huge seizures and fines despite the staff crunch. Had they not worked, we would not have come to know about it,” she stated.

CPI(M) MLA M Y Tarigami stated the department should ensure the involvement of the Police government. “Food Supplies department and the enforcement department should write to the Police repeatedly and inform the concerned Minister if the Police don’t take action,” he said.

At this point, Speaker Abdul Rahim Rather asked the Minister, “You have admitted in the reply that the Act has certain deficiencies. You have also talked about lack of powers and therefore the officers cannot perform their duties effectively. You were asking the members to take some measures on this account. The members can do nothing in this regard.”

“The government, itself, should review this law. It should look into it. If you find that it (Act) has no teeth to arrest this disturbing trend, why does the government not bring a bill to amend the Act to strengthen it and enhance powers of the Food Safety Department so as to make it effective to tackle all complaints?” he asked.

Itoo responded saying she knew that the members could not amend the Act and that could be done by the government or Ministry only.

“My only contention was that the Members should be serious about the issue and should come out with effective suggestions. As far as Tarigami Sahib’s suggestion (to write to the Police) is concerned, Police don’t come under me. It’s not that I’ll write them and they (Police) will take action. Department officials, when needed, do write to the Police and take them along during inspections. But they don’t have the role (powers) to arrest. This is a shortcoming in the law,” she stated.

Itoo asserted that the department would write to the Police only when the Act would be strengthened and it (department) would have the powers to do so (to write to Police).

“Right now, it is not the case. We know that we don’t have such powers. We cannot order the Police to act,” she added.

The Chair too seconded her assertion. However, Tarigami contested, “To put it on record, as a citizen, not only as an MLA, I have a right to ask any authority whether it is the Police or the civil administration (to act). As far as the department or our government is concerned, nothing prohibits it to write to the Police.”

National Conference MLA Tanvir Sadiq said, “Minister is right when she says that in the UT structure, the Police don’t come under the (elected) government. But as we have Forest Protection Force or Tourist Police, can she (Itoo), on those lines, include the provision of some (Task) Force of Health department in the (amendment) bill as and when she brings it?”

Rather said she already responded that she would consider it (amendment bill) and he (Speaker) too talked about it.

BJP’s Balwant Singh Mankotia said the minister was right that the MLAs could bring the Private Members’ Bill only during the next session.

“But the government has the time. It can do it and can still bring an amendment bill in the current session to enhance powers so as to save the people from consuming adulterated food,” he suggested.

Earlier, the Minister informed the House that during 2025-26 (December 2025), 1676 inspections were conducted. She said that the Food Safety and Standards Act, 2006 provides for a self-contained statutory enforcement mechanism through inspection, sampling, adjudication and prosecution. “It does not provide for registration of FIRs or arrests under the BNS Bharatiya Nyaya Sanhita, 2023 for any contravention of provisions of the FSS Act,” she added.

The Health Minister added that the samples were sent for analysis within J&K (Food Laboratory, Kashmir) and outside UT of J&K (National Food Laboratory, Ghaziabad and FRAC FICCI, New Delhi and ICAR–National Meat Research Institute, Hyderabad. She said that out of 144 meat and meat product samples lifted, 17 were reported unsafe and 1 sub-standard.

The Minister also said that the Department has two NABL-accredited state-of-the-art Food Testing Laboratories, one each at Jammu and Srinagar.

“Other than this, the Department also has 12 Mobile Food Testing Laboratories. The Department also utilizes services of FSSAI-recognized NABL-accredited laboratories, viz., FRAC-FICCI, New Delhi and National Food Laboratory (NFL), Ghaziabad and other FSSAI-approved laboratories across India as and when required,” she said.

The Minister acknowledged that there was shortage of technical manpower in both the laboratories and vacant posts would be referred to recruiting agencies once the Recruitment rules are finalised with the concurrence of the Finance Department.

She said that outsourced staff were being engaged to compensate for the shortage of the staff.