Right To Health: Rajasthan High Court Takes Suo Moto Cognizance Of Malnutrition/ Obesity In Citizens, Particularly Children

Taking serious notice of malnourishment, obesity owing to unhealthy eating habits, and excessive & increasing use of mobile phones amongst children, the Rajasthan High Court took suo-moto cognizance to find appropriate solutions to these issues. 

The court registered the case as 'Suo Moto: In Re: Saving the Minor Children, Women and Citizens from Malnutrition or obesity which is affecting their physical and mental health'. 

While expressing pain over the situation, the Court observed that despite having enactments like the National Food Security Act, 2013 (“2013 Act”) and the Food Safety and Standards Act, 2006 (“2006 Act”), the statutory authorities had failed to discharge their duties under these leading to adverse effects on children's mental and physical growth. 

Highlighting the Constitutional provisions, national statutes, international treaties as well as Supreme Court decisions, the Court reiterated Right to Food being an integral part of Right to Life under Article 21 as well as the duty of the State and Central Government to protect this right of poor and the underprivileged sections including children and women. 

“There is no doubt that children are the future of our country and if there is some stinginess in providing them with adequate nutrition, the country as a whole will be deprived in future from taking the benefit of their potential… insufficient supply of nutritious food to the citizens, especially the children and the women, adversely affects their health and the same constitutes a violation of their fundamental right to health and right to live with dignity, as guaranteed under Article 21 of the Constitution of India.”

Furthermore, the Court also took note of the issue of heavy consumption of junk food including carbonated drinks by children causing harmful effects on their physical and mental health. It said:

"It has been noticed by this Court that the statutory authorities have turned a deaf ear and a blind eye to this issue and they have failed to discharge their duties in safeguarding the interest of the children, who are the future of the nation. It is the responsibility and duty of the State and the FSSAI to monitor and ensure that the relevant requirements of law and food standards are complied with by the food business operators at all stages of food business/food items and such authorities are required to collect samples of food and take action on the findings of the test reports, based on safety parameters, prescribed by the FSSAI, i.e., decision to ban the sale of such junk food in the canteens of the schools and educational institutions". 

The court observed that the Rajasthan Government can issue directions ensuring effective implementation of these laws–FSSAI Act. IT said that the government has power to issue directions and evaluate the procedure for elementary and secondary education. 

Finally, the Court referred to the problem of excessive use of mobile phones by children and its impact on their physical and mental health hindering their development.

“Instead of engaging in physical exercise or intellectually stimulating activities like reading books, etc., the children highly replying on the mobile phones to find quick solutions to every problem or situation… It is the right time and high time for the Government, Department of Education and parents to wake up and take serious & effective measures to restrict the routine and casual use of mobile phones by the minor children.”

In light of these issues, the Court suggested that the Central and State Government may issue necessary and mandatory directions to all Secondary Education Boards for preparing such curriculum that provided a system of adopting healthy eating habits, discouraging consumption of junk food, and recommending time restrictions on excessive usage of mobile phones. 

“The children must also be made aware of the benefits of the “Dadi-Nani” Kitchen and home-cooked food… Homemade food, especially recipes passed down from grandmothers (“Dadi & Nani”), is highly valued and cherished for its nutritional benefits, cultural importance and its ability to connect us to our roots/heritage… Dadi-Nani recipes are often deeply connected to family traditions and cultural identity, playing a vital role in preserving culinary heritage.”

Accordingly, suo moto cognizance was taken of the situation for finding solutions to malnutrition and obesity, listing the matter on July 30, 2025.