ADULTERATED FOOD INDUCED
FEMALE INFERTILITY IN BANGLADESH: A HINDRANCE TOWARDS ACHIEVING SUSTAINABLE
DEVELOPMENT GOAL (SDGS)
Nazia Wahab,*1
Farhana Sultana 2
1 Assistant
Professor, Department of Law and Human Rights, University of Asia Pacific.
Email: nazia@uap-bd.edu.
2 LL.M. Student, Department of Law and Human Rights,
University of Asia Pacific.
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ABSTRACT |
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Keywords: Food; Adulteration; Infertility;
Sustainable; Development; Bangladesh; |
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Goal three (ensure healthy
lives and promote wellbeing for all at all ages) of the Sustainable
Development Goals includes the reduction of the global maternal mortality
ration.We also believe that, this target will be fulfilled not instantly, but
gradually as there will be no more children in our near future. The extensive
use of numerous pesticides, formalin and chemicals in the food industry has
great adversarial impact which is silently pushing the human race towards
death. Adulterated food and pesticides has numerous harmful effects on
reproductive issues containing infertility, decline of semen, birth defects
and low birth weight. Though this is a worldwide problem, but in our paper we
are going to focus on only Bangladesh. We will discuss about the
responsibility of the food adulteration in terms of female infertility only.
Article 18 of The Constitution of the People’s Republic of Bangladesh has
enumerated regarding the protection of public. Apart this, there are more or
less fourteen different Act(s) are available in Bangladesh to protect and
maintain the quality of food to ensure public health. But unfortunately, with
all this efforts the fertility rate is not soring high rather decreasing.
According to the statistics of the World Bank, in 1960 the fertility rates in
Bangladesh among women were 6.7 whereas in 2014 the rates come down in 2.2
percentage.This is a clear indication that the infertility problem is not
succumbing anyway. If such continues Bangladesh will not be able to fulfill
the target of sustainable development goal.
The proper implementation of the existing laws in Bangladesh can be an
effective way out to fight this problem. Publisher All rights reserved. |
INTRODUCTION
Motherhood is the
most beautiful feeling women can ever have. A mother not only gives birth of a
child rather she also attach a whole family with this new born. A new born
gradually becomes the leader of the nation. So from one perspective we can say
that women are contributing to the society directly and which is very
noteworthy in nature. State has recognized the rights and protection of the
women as well. But with all due caution gradually the rate of infertility is
increasing in an alarming number. Generally
at the time of pregnancy a mother needs more nutritious food. But this is a
matter of regret that in our country we are utterly failing to give them the
proper essential nutritious food rather we are providing them poison in the way
of adulterated foods. While a new born is entitled to have a healthy life
ahead, it is seeing the light of life with poison which has been transferred to
its placenta from its mother body as the mother is consuming the adulterated
foods. After the birth of a child the first breast milk of mother is being
associated with DDT which has been already proved in many research. DDT is also
responsible for waning the male reproductive vigor, particularly it weakens the
semen quality. As a result
many embryos are not getting the chance to see the light of life and we are
calling such unfortunate mother as infertile one. Infertility has been
categorized as primary and secondary infertility in the “Textbook book of
gynecology, including contraception.” On 30th June 2014, one online daily
reported that Bangladesh has highest number of food safety laws in world.
Bangladesh has around fifteen parliament enacted laws to regulate the food
safety. Despite all the laws and regulations the number of food adulteration is
not decreasing in any manner. The good news is that Bangladesh is developing in
a speedy pace lagging behind all this problems. At the time of millennium
development goals (MDG’S) Bangladesh has fulfilled most of the goals amongst
the eight goals. MDGs Bangladesh Progress Report 2015 provided that, even
though having resource limitations, Bangladesh achieved most of the MDG targets
with notable attainments in poverty mitigation, food safety, gender equality,
checking infant death, lowering maternal mortality and reining in HIV spread
and tuberculosis. For a developing country which is highly appreciable. Now the
time has come for sustainable development goal and Bangladesh has committed to
achieve the goals of SDG’S. The worrying scenario is that without proper way
out of the existing adulterated food problem Bangladesh will not be able to
fulfill the target of the SDG’s. As a sick person cannot win a race in Olympic,
likewise a nation with loopholes of existing laws cannot go further.
The authors will follow both qualitative and quantitative approach to
justify this paper and for that purpose data were collected from various
primary and secondary sources, i.e. various legislations, newspaper articles,
journal articles, internet materials. For establishing the research questions and
problem the authors depend mainly on the secondary sources of data. For
analyzing the main fact the authors will mainly depend on legislations. The objective of this paper is to analyze the
lacuna of the existing food safety regulation which is accrediting the food
adulteration. In addition to this the
causes of infertility will be discussed in a short manner and how infertility
may impact the goals of sustainable development will be analyzed with probable
recommendations. At the end of this paper authors will try to give some
recommendation for solving this problem.
DEFINING THE MAIN IDEA: FOOD ADULTERATION,
INFERTILITY,SUSTAINABLE DEVELOPMENT
Food adulteration
According to the
Cambridge Dictionary, adulteration means to make food or drink weaker or to
lower its quality, by adding something else. Food adulteration is the manner in
which the quality of food is degraded either by the addition of lower quality
substantial or by pulling out of required and essential ingredient. Not only the intended addition or replacement
of the ingredients but organic and chemical contamination throughout the time
of production, packing, processing, transportation and supply of the food
products, is also accountable for the dropping of the quality of the
foodstuffs. Elements which are responsible to make the food risky and perilous
for human consumption are known as adulterants.
According to the
Section 2(1) of the Cantonments Pure Food Act, 1966
Adulterated food”
means an article of food-
(i)
which is
not of the nature, substance or quality which it purports or is represented to
be, or
(ii)
which
contains any such extraneous substance as may affect injuriously the nature,
substance or quality thereof, or
(iii)
which is
processed, mixed, colored, powdered or coated with any other substance in
contravention of the rules, or
(iv)
any
constituent of which has been wholly or in part abstracted so as to affect
injuriously its nature, substance or quality, or
(v)
which
contains any poisonous or other ingredient which may render it injurious to
health, or
(vi)
the quality
or purity of which does not conform to the prescribed standards, or
(vii)
which,
having been prepared, packed or kept under insanitary conditions, has been
contaminated or become injurious to health and “adulteration” in relation to
food, shall be construed accordingly.
Numerous ways are
available to adulterate foodstuffs. Mixing various detrimental chemicals, toxic
artificial, colors etc. are most practicing means of food adulteration. In
Bangladesh the dishonest businessmen are carrying out the dirty practice
without paying heed to the danger of human life from this adulterated food. The
adulterated food stuffs is nothing but silent killer. According to the
Statistical Yearbook of Bangladesh 2010 food borne illness has activate
contribution towards death. Disease such as liver failure, jaundice, diarrhea,
dysentery, TB, peptic ulcer, malnutrition, skin diseases, leprosy, arsenic,
kidney, appendicitis, worm and other are contribute about twenty three percent
of mortality rate and heart disease, stroke, blood pressure, diabetes,
paralysis, tumor, cancer and miscarriage these are the result of indirect food
related diseases as well.
Infertility
No undisputed definition
of female infertility is available. A definition of infertility has been given
by the WHO and ICMART as “a disease of the reproductive system defined by the
failure to achieve a clinical pregnancy after twelve months or more of regular
unprotected sexual intercourse.” Infertility has further been defined under two
heads namely primary and secondary infertility in the book of gynecology.
Primary infertility means when a woman never conceives and secondary
infertility means the woman was previously pregnant but failing to conceive
subsequently.
Secondary
infertility denotes to couples who are incapable to conceive subsequently one
year of unprotected intercourse after a prior pregnancy still they are in their
reproductive age. Worldwide, roughly, 10-15% of couples are infertile. Over and
above 80 million people worldwide is being affected through this problem.
Unfortunately Secondary infertility outstrips the problem of primary
infertility. And the unfortunate women who are unable to give birth of child,
subsequently get out of the house with humiliation. The scenario is quite
common in Bangladesh and the even worse in the rural areas.
Sustainable
Development
The concept of
sustainable development dated back to 1960s. Ever since then, diverse definitions
of sustainable development have been place forward, but the utmost extensively
embraced one was published in the report, "Our Common Future" which
is more broadly known as the Brundtland Report. This report has been published
by the World Commission on Environment and Development in 1987, which defined
sustainable development as follows:
"Development
that meets the needs of the present without compromising the ability of future
generations to meet their own needs." On the 70th anniversary
of the United Nation, 17 Sustainable Development Goals and 169 targets has been
announced at United Nations Headquarters in New York at 25th
September 2015. Goals which has not been achieved by the Millennium Development
Goals will be covered by “Transforming our world: the 2030 Agenda for
Sustainable Development”. The 17 goals are as follows:
SUSTAINABLE DEVELOPMENT GOALS
Goal 1. End poverty in all its forms everywhere
Goal 2. End hunger, achieve food security and
improved nutrition and promote sustainable agriculture
Goal 3. Ensure healthy lives and promote well-being
for all at all ages
Goal 4. Ensure inclusive and equitable quality
education and promote lifelong learning opportunities for all
Goal 5. Achieve gender equality and empower all women
and girls
Goal 6. Ensure availability and sustainable
management of water and sanitation for all
Goal 7. Ensure access to affordable, reliable,
sustainable and modern energy for all
Goal 8. Promote sustained, inclusive and sustainable
economic growth, full and productive employment and decent work for all
Goal 9. Build resilient infrastructure, promote
inclusive and sustainable industrialization and foster innovation
Goal 10. Reduce inequality within and among countries
Goal 11. Make cities and human settlements inclusive,
safe, resilient and sustainable
Goal 12. Ensure sustainable consumption and production
patterns
Goal 13. Take urgent action to combat climate change
and its impacts*
Goal 14. Conserve and sustainably use the oceans, seas
and marine resources for sustainable development
Goal 15. Protect, restore and promote sustainable use
of terrestrial ecosystems, sustainably manage forests, combat desertification,
and halt and reverse land degradation and halt biodiversity loss
Goal 16. Promote peaceful and inclusive societies for
sustainable development, provide access to justice for all and build effective,
accountable and inclusive institutions at all levels
Goal 17. Strengthen the means of implementation and
revitalize the Global Partnership for Sustainable Development
Sustainable development
requires combined energies to edifice a wide-ranging, sustainable and spirited
prospect for populaces and earth. To attain sustainable development, it is
vital to synchronize three principal essentials: financial progress, communal
enclosure and environmental protection. These components are interlocked and
are all vital for thriving of
humanities.
How adulterated
food induced female infertility and this is a hindrance towards achieving
sustainable development Goal
Infertility is an
ignored issue in Bangladesh’s reproductive health policy. On the other hand the
importance has always been given on the issue of overpopulation. As a
consequence controlling fertility and the execution of Family Planning
programmes has become a triumph story for the country. Though no noteworthy
study has been piloted in countrywide to know the dominance rate of infertility
in Bangladesh. World Fertility Survey has stated that infertility rate is 4% in
Bangladesh. The infertility rate is roughly 15% in Bangladesh which is the
uppermost amongst entire South Asian countries. There is indication that
possible underlying aspects of infertility are also extensively existing in
Bangladesh. Reproductive tract infections (RTI), unhygienic delivery, sexually
transmitted diseases (STD), urinary tract infections (UTI), postpartum
infection and unsafe obstetric and abortion procedures are interconnected with
pelvic infections, which may lead to infertility. The South Asian region is
struggling with above mentioned reproductive health complications and
Bangladesh is not an exception in this regards.
Apart from all this, there is another vital factor which is responsible for
infertility. The factor is adulterated food. Now a day’s food is being
adulterated with the mixture of heavy metal. Heavy metals are poisonous
ingredients even if it is present in food in a very insignificant amounts.
They come into our
foodstuff and water source through industrial left-over or even via acid rain
by breaking down topsoil and discharging heavy metals into watercourses and
groundwater. Products like medicines, food, household essentials are being
contaminated with this dangerous heavy metals.
Generally the
heavy metals interrupt the metabolic function in following ways. Viz-
(i)They distress
the vital organs and glands of the body such as the heart, brain, kidneys,
bone, liver, etc. by being accumulated into the body.
(ii) Then they
displace the vigorous and vital nutritional minerals and disrupt the biological
function over all.
Heavy metals are not easily absorbed. Furthermore, they tend to gather
trigger the metabolic disturbances which may be responsible of infertility,
poor sperm productions and miscarriages. Heavy metals have also been
accompanied to malformation and abnormalities in the fetus as well as evolving
concerns including autism in children whose mother had high amount of heavy
metal loads during her period her pregnancy. Arsenic, cadmium, lead, mercury,
aluminum, and uranium, Barium, lithium, nickel and strontium are highly toxic in
nature and every care should be taken to avoid them. The Center for Hazardous
Substance Research of the Kansas State University has published “Human Health
Effects of Heavy Metals” on March, 2009. In their paper Dr. Sabine Martin and
Dr. Wendy Griswold has established that “Lead is one of the deadly metal
capable enough to disturb every single body organ and can shake the whole body
system. High levels of exposure of lead may cause miscarriage of pregnant
women. High level exposure in males may impair the tissues which are
accountable for semen production.” Mercury is responsible for developing
fetuses.
We are going to
categorize the foods which contain heavy metals:
|
Heavy Metal |
Food sources |
|
Aluminum |
Baking powder,
beer, bleached flour, colour additives, drinking water, hard cheese, milk
products, salt, seasonings, tap water, treated water, vanilla powder |
|
Arsenic |
Chicken, seafood
from coastal waters (especially mussels, oysters and shrimp), water
(drinking, seawater and well), wine (if arsenic in pesticides used). |
|
Beryllium and
Cadmium |
Candy, colas,
drinking water, food from contaminated soil, evaporated milk, instant coffee,
kidney, liver, oysters, processed foods, processed meat, refined
grains/flours/cereals, seafood (cod, haddock, tuna), vending machine soft
drinks, water (city, softened, well). |
|
Copper |
Avocado, beer,
bluefish, bone meal, chocolate, corn oil, crabs, gelatin, grains, lamb,
liver, lobster, margarine, milk, nuts, mushrooms, organ meats, oysters,
perch, seeds, shellfish, soybeans, tofu, wheat germ, yeast, water
(city/well). Iron cookware,
iron pipes, welding. Blackstrap molasses, bone meal, bran, chives, clams,
drinking water, heart, kidney, leafy vegetables, legumes, liver, meat,
molasses, nuts, organ meats, oysters, parsley, red wine, refined foods,
shellfish, soybeans, wheat germ, whole grains. |
|
Lead |
Bone meal,
canned fruit and juice, liver, milk, organ meats, wine. |
|
Mercury |
Cereals, grains,
seafood (especially tuna and swordfish), water (contaminated). |
|
Nickel |
Butter, cereals,
hydrogenated fats and oils, imitation whipped cream, margarine, oysters, tea,
unrefined grains, vegetable shortening. |
Table source:
Natural Fertility Breakthrough
This table gives a
clear idea that foods are not safe now a day for our consumption. And which is
leading towards the nation to be an infertile one. But the SDG’s goal is quite
different than this.A number of authors point out that, adulterate food may one
of the major cusses of women infertility,
Professor Dr. Mahabub-Ul-Karim-Khan, Professor, Department of
Paediatrics, and Director Community Based Medical College Hospital Bangladesh
states that “Poisons residues in food items leave the worst impact on
children's mental and physical growth and women's fertility.”
The doctors at Bumrungrad have proven an adjacent relationship between the
increasing quantities of such patients with their consumption of various
adulterated foods in Bangladesh. According to them, a large number of
Bangladeshi was seen coming for treatment to this hospital with liver and
kidney diseases and related complications. Many were coming with fertility
problems. Thus it is almost clear that adulterate food is one of the major
causes of women infertility in Bangladesh, now-a-days. Infertility is related
to the Goal No. 3 of SDGs which is a certainly hindrance towards Achieving
Sustainable Development Goal (SDGs).
This is how; there
is a close relationship between the three concepts, adulterated food, women
infertility and Sustainable Development Goal(s) (SDG). The problem is addressed
by different dimensions. But, having a law background we want to solve this
problem by law and legal instruments. We can stop food adulteration by law and
legal system, which will indirectly help to achieve the SDG(s).
LAWS AND LEGAL SYSTEM RELATION TO PROTECTION AND PREVENTION OF ADULTERATED
FOOD
The food safety
legal regime of Bangladesh is administered by plentiful enactments and
governmental bodies. In addition to the provision of common law, nearly fifteen
laws are dealing the issue of food safety of Bangladesh directly or indirectly.
According to Article 15 of Bangladesh Constitution, “It shall be a fundamental
responsibility of the State to attain, through planned economic growth, a
constant increase of productive forces and a steady improvement in the material
and cultural standard of living of the people, with a view to securing to its
citizens – the provision of the basic necessities of life, including food,
clothing, shelter, education and medical care.”
According to Article 18 of Bangladesh Constitution, “The State shall regard
the raising of the level of nutrition and the improvement of public health as
among its primary duties, and in particular shall adopt effective measures to
prevent the consumption, except for medical purposes or for such other purposes
as may be prescribed by law, of alcoholic and other intoxicating drinks and of
drugs which are injurious to health and
State shall adopt effective measures to prevent prostitution and gambling.”
Existing Legal Framework of Food Safety in Bangladesh
1. Food Safety Act, 2013, 2. Penal Code, 1860, 3.Control of Essential
Commodities Act, 1956, 4. Food (Special Courts) Act, 1956, 5.Cantonments Pure
Food Act, 1966, 6.Pesticide Ordinance, 1971, 7. Special Powers Act, 1974, 8.
Fish and Fish Products (Inspection and Control) Ordinance, 1983, 9.Bangladesh
Standards and Testing Institution Ordinance 1985, 10. Iodine Deficiency
Disorders Prevention Act 1989, 11. The Consumers’ Right Protection Act, 2009,
12. Stanio Sarkar (City Corporation) Ain, 2009, 13. Stanio Sarkar (Paurashava) Ain, 2009, 14.
Mobile Court Ain, 2009
v The preamble of the Food Safety Act started with
assuring the right of getting safe food. Chapter v has talked about the does
and don’t regarding the management of the safe food. This Act has prohibited
about the use of toxic ingredients such as Calcium Carbide, formalin, DDT,
pesticides, added colors whether detrimental to human health directly or
indirectly. This Act has also imposed restriction on manufacturing, importing,
packaging or selling of food containing heavy metals, radiated materials, the
adulterated foods or adulterants for the purpose of, low graded foods, storage
of the oil, wastages and adulterants in any industry for the purpose of mixing with
food, date expired food, genetically modified, novel and irradiated food
without prior permission of the authority prescribed by the existing laws of
the land, without proper leveling and identification and packaging, false
labeling, food which is detrimental to the human health, infected fishes, meat
and eggs from animals directly or indirectly through agent or business owner.
But in our country
genetically modified foods are very available such as eggplants, tomatoes,
beans, broccoli, cauliflower and what not. Rotten, artificial products are
being sold in the shops. Section 41 and 42 has prohibited on the making and
advertising of the advertisement which describes false on confuse statement of
the products which may cause injury to the consumers. Section 68 has given the
time frame on the investigation. 1st the investigation time is 90
days and if the investigation officer fails to do to within the prescribed time
extra 30 days will be given and still if they fail to complete the
investigation he will have 24 more hours just to inform the Food Court why he
has failed to do so. This type of unnecessary delays allows the criminals to
misuse the provisions of the laws. The unnecessary delays should be curtail
down and there should be provision for the punishment of the investigation
officers who fails to complete investigation. In other words we can say that
the responsible office must submit the investigation report in 10 working days
and extra 5 days may be provided for further investigation. Failing to do so he
must endure punishment such as suspension or curtail of salary.
Section 73 stated about the time frame of submitting investigation report
upon the order of Food Court. To be sure about the value of the food the Court
may order to examine it through laboratory and for this the Act has given 1
month to submit the report. And further 2 more weeks has been given upon the
failure of report submission. But this process is time consuming as well. The
duration of time frame should be minimized.
v Section 272 of the Penal Code, 1860 has prescribed
punishment for adulteration of food or drink. The penalty is imprisonment
maximum term of six months or fine up to a maximum amount of 1000 taka. We need
to consider here that the law we are talking about is almost 157 years old.
Undoubtedly the gravity of the offences
has increased and the punishment should be increased as well. This section of
the penal code should be amended.
v The Cantonments Pure Food Act, 1966 has imposed
prohibition on false warranty, mixing, coloring, staining or powdering of food,
preparation, manufacture, sale, etc., of adulterated and other foods,
manufacture, import and sale of unwholesome food which is injurious to health,
food poisoning.
v Section 29 of The
Consumers’ Right Protection Act, 2009 has imposed Prohibition on
manufacturing, selling etc. of goods which is injurious to human health.
Section 41 and 42 has imposed punishment for selling adulterated goods or
medicine and mixing prohibited materials in foodstuff. This both offence is punishable
with imprisonment for a term not exceeding 3 (three) years, or with fine not
exceeding Taka two lacs, or with both under this Act. This Act also prescribed
that, if any goods are proved to be particularly harmful to human health, the
Government, on recommendation of the Director General, may, by notification in
the official Gazette, issue direction for stopping the production, import,
marketing, sale, display for sale, distribution, transportation for commercial
purpose or commercial use of those goods completely all over the country or in
any specific area, or for regulating or conducting those activities on such
terms and conditions as may be specified in the notification. Why the Director
General needs to recommend this to the Government and after being recommended
the Government needs to take action? Then the Director General is mere watch
dog here and nothing more than that. But we need our authority to be more
powerful and swift to take proper action to protect our rights as well as our
lives from the clutches of such degraded, heinous so called businessmen who are
gambling with our lives through adding poisonous stuffs in our food.
LOOPHOLES OF OUR LAWS AND LEGAL SYSTEM
At least 14 laws
are governing our existing legal framework of food safety in Bangladesh.
Bangladesh has the highest number of laws for food safety amongst the world. So
it may be concluded as such, whether the food safety is highly prejudice in
Bangladesh or the authority of Bangladesh is utterly failing to ensure the safety
of foods under one concrete Act. As a result being somewhat confused they have
enacted Acts one after another.
ü The prescribed punishment for adulteration of food or
drink by the Penal Code, 1860 is not sufficient. We need to consider here that
the law we are talking about is almost 157 years old. Undoubtedly the gravity of the offences has increased and
the punishment should be increased as well. This section of the penal code
should be amended.
ü On the other hand, Section 23 of The Cantonments Pure
Food Act, 1966 has prescribed penalty for the offences regarding food
adulteration and food poisoning which has been discussed on point 4.1 in this
paper. It says the first time offenders will be punished with rigorous
imprisonment for a term which may extend to six months and with fine which
shall not be less than one hundred Taka or more than two thousand Taka and also
with whipping. And the second time
offenders punishment will be rigorous
imprisonment for a term not less than three months and not more than two years
and with fine which shall not be less than five hundred Taka or more than ten
thousand Taka and also with whipping and for repeated offences or for offences
of large scale adulteration or adulteration with injurious substances even in
the first instance, with rigorous imprisonment for a term which shall not be
less than three years or more than five years and with fine which shall not be
less than five thousand Taka or more than one lakh Taka and also with whipping.
We can clearly see
the inconsistent between this two laws. How can the minimum fine be one hundred
taka for such type of heinous offence under The Cantonments Pure Food Act,
1966?
Food adulteration
has further been encompassed afterwards in 1974 in Special Powers Act, 1974.
ü Section 25C has specified penalty for the offences of
selling, manufacturing and importing adulterated food, drink, noxious and unfit
food stuffs, adulterated drugs and skin and daily uses products. The
responsible person shall be punishable with rigorous imprisonment for a term
which may extend to five years, and shall also be liable to fine.
Now if any person
become liable of adulteration which law will be applicable for him? If we
consider to apply The Special Powers Act, 1974 by considering the punishment
gravity, the accused may pray for being tried under The Penal Code, 1860
considering the less severity of the punishment as well. The law still remains
vague and the legal system has clearly failed to simplify the ambiguity. This
variety of laws generate confusion amidst
the manufacturers, traders, sellers or even to the executive authorities
to understand which law regulate this specific food security protection
dispute.
ü Section 5 and 6 of the Fish and Fish Products
(Inspection and Control) Ordinance, 1983 has imposed prohibition on selling and
exporting of decomposed, unwholesome or contaminated with pathogenic organisms.
It has further prohibited individuals who is suffering from contagious disease
to catch, handle, carry etc.
Person
contravening the provisions of section 5 or 6 shall be punishable with
imprisonment for a term which may extend to six months or with fine which may
extend to Taka five thousand, or with both. Consecutive offenders shall be
punished with imprisonment for a term which may extend to six months, or with
fine which may extend to Taka ten thousand, or with both. Government may seize
and forfeiture the fish processing and fish packing plant and cancel the
license of such processing and fish packing plant or establishment.
ü Initiation of Mobile Court at November, 2007 at the
tenure of Caretaker Government the common people thought they have found
finally found the light at the end of the tunnel as mobile court investigated
and fined many restaurants for violating the provision of laws.
ü Furthermore, no operative harmonization amongst the
governing authorities regulating food safety is available. A number of
authorities carry out anti-adulteration drives in Bangladesh. Several ministry
and authority run such anti-adulteration drives. Implementation of the laws are
practiced in our country as a manner of penalties for the offence of food
adulteration and such other food related offences. Nonetheless, credible
approaches resembling to spot food test on the market, buyer awareness,
extensive advertisement in the media is not present in a wide manner.
Authorities become more active at the fight against the food adulteration
problem at the time of Ramadan which can be found by various daily newspaper.
This is very praiseworthy approach. But the other months should have get same
attention from the authority. Though we see a number of authority of dealing
with food safety actively and inactively. The Bangladesh Standards and Testing
Institution (BSTI) take active part in it. But yet again, if we look from the
different range towards this problem we cannot say that Bangladesh Standards
and Testing Institution is working enough and carrying out their duties and
responsibilities properly. If they would have carried out their duties
extensively, then the acute problem of food adulteration must have been
minimized which is not happening clearly.
Moreover, the
administrative application of Bangladesh is not well organized. It has not
planned scrutiny approaches and there is no strong technique of identifying
violation of the regulations. It is vital for an improved management to
sketched flawless implementation tactics so that all occurrences of
non-compliance can be recognized easily and steps can be taken quickly with
appropriate authority.
ü Presently a number laboratories both public and
private are engaged with food investigation undertakings. These laboratories
are operated by different ministries, government agencies and private
companies. The main laboratories from the public sector are the Bangladesh
Standards and Testing Institute (BSTI), Central Disease Investigation
Laboratory, Central Food Laboratory, Bangladesh Council of Scientific and
Industrial Research (BCSIR), Armed Forces Food & Drugs Laboratory,
Bangladesh Agricultural Research Institute (BARI), Plant Protection Wing,
Atomic Energy Commission, Fish Inspection & Quality Control, Ministry of
Food & Disaster Management Laboratory. The Nestle BD Ltd, ACME
Laboratories, SGS BD Ltd, PRAN-RFL Group, ICDDR,B and Advanced Chemical
Industries etc. are in the private sector. But according to Mohammed Abbas
Alam, the former National Consultant of Food and Agriculture Organization of
the United Nations (FAO) “Most of the laboratories were facing problem of power
supply, back-up electricity, emergency safety shower, emergency eye wash and
emergency exit.”
If the
laboratories are struggling to settle down themselves of their own, we cannot
hope that they can provide instant remedy to the consumers. On the other hand,
we can see that a huge number of laboratory is available for food testing and
government laboratories are highest in number. But we cannot see any campaign
where free food testing is being offered for the common buyers.
ü On July 29, 2012, the popular English daily of
Bangladesh reported that BSTI fines 7 restaurants Tk 5.95 lakh. Another report
says mobile court trial often violate human rights. It seems we cannot rely on
the mobile court as well. The same restaurant are being fined again and again.
It clearly means after being fined the restaurant try to repay their loss with
more prohibited tasks. It’s kind of friendly fire where the action turned into
a disadvantage rather than an advantage. No permanent solution has been found yet
of this heinous act. It can be correctly said that, for a single issue such as
food safety the large quantity of laws is quite infrequent and it clearly
reveals the inefficiency of our legal system.
RECOMMENDATIONS AND CONCLUSION
With all this
problems we are still hoping to achieve the sustainable development goals which
is definitely an ambitious goal for a country like ours. Nevertheless this goal
is not impossible rather attainable. But we need to accept the true fact of our
country first and work accordingly. Only after that we will be able to achieve
the sustainable development goals maybe in extensive manner than we did at the
time of Millennium Development Goals. Our country will get rid of the threat of
increase number of barren mothers. This is our common responsibility to achieve Sustainable Development
Goals (SDGs) by 2030. For achieving Goal No. 03 this is prerequisite to ensure
healthy lives and promote wellbeing for all at all ages.
In this respect, we should take care women
infertility problem. In this paper we have addressed that food adulteration is
one of the major causes for women infertility in Bangladesh now-a-days.
In this regards the Government of Bangladesh may take following steps:
a) Almost all the food related
Act has defined food adulteration in different manner which is somewhat unusual
as because it is commonly expected that one single thing should have been
defined in a common manner. There should be one singular definition of food
adulteration and one singular remedy of this problem not different remedies
under different Acts. There
should be one singular legal framework which will override the vagueness and
confusion existing regarding food laws
b) Government of Bangladesh may
introduce strict Food safety policies and strategies for protecting and
preventing food adulteration
c) Existing food safety laws
should be amended and the implementation of the existing laws should be ensured
d) The highest possible penalty should be enlarged for food
adulteration with
e) Separate tribunals should be
established to give penalty for food
adulteration
f)
awareness-building
movement amongst customers and Public
awareness should be increased
g) dynamic participation of the business leaders is
required to safeguard the moral practices among the trade and commerce
community as well as Participation in all spare should be ensured
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