Regulating The Indian Child's Plate: A Critical Analysis Of FSSAI's Strategy In The Battle Against Childhood Obesity
- IJLLR Journal
- 6 days ago
- 1 min read
Aalya Hussain, LLM, Usha Martin University, Ranchi, Jharkhand
ABSTRACT
India stands at the precipice of a dual burden of disease, with childhood obesity emerging as a critical public health crisis. This article provides a critical legal and policy analysis of the Food Safety and Standards Authority of India’s (FSSAI) strategic response to this epidemic. Moving beyond a mere description of initiatives, it argues that the FSSAI’s approach, while pioneering in its intent, is fundamentally fragmented and structurally limited. The analysis deconstructs three core pillars of the FSSAI’s strategy: front- of-pack labelling (the draft ‘Indian Nutrition Rating’ or INR), marketing regulations, and the ‘Eat Right India’ campaign. It posits that a reliance on voluntary compliance, the creation of a consumer-centric rather than industry-punitive framework, and a siloed approach that fails to intersect with other crucial policy domains (such as education and agriculture) significantly dilute the regulator’s efficacy. The article concludes by proposing a reconceptualized, multi-sectoral legal framework that advocates for mandatory, simplified warning labels, robust statutory marketing bans, and the integration of childhood obesity prevention as a non-derogable component of the state’s constitutional duty under Article 21 (Right to Life) and Article 47 (Duty to raise the level of nutrition). The ultimate aim is to shift the regulatory paradigm from gentle nudging to legally enforceable protection, ensuring that the health of Indian children is not left to the vagaries of the market.
Keywords: FSSAI, Child, Obesity, Right to Health
