India’s BJP-led states propose penalties for food contamination, sparking debate

In the current month, two Indian states governed by the Bharatiya Janata Party (BJP) revealed intentions to implement substantial penalties, including fines and jail time, for the act of adulterating food with saliva, urine, and dirt. Uttarakhand, a northern state, intends to levy fines of up to 100,000 rupees ($1,190; £920) on those found guilty, while its adjacent state, Uttar Pradesh, plans to enact strict legislation to tackle this problem. These governmental directives emerged after unverified videos circulated on social media platforms, which depicted vendors spitting on food at local eateries and restaurants. One particular video showed a domestic worker incorporating urine into food she was preparing. Although these videos provoked widespread indignation among users, leading to numerous expressions of concern regarding food safety in the affected states, certain videos were also utilized in campaigns to assign blame to Muslims. These claims were subsequently disproven by fact-checking websites, which highlighted that while many social media users had asserted the woman adding urine to food was Muslim, law enforcement officials later identified her as Hindu. Government officials assert the necessity of stringent laws, stating their purpose is to discourage individuals from engaging in unsanitary food practices. However, leaders from opposition parties and legal specialists have raised doubts about the effectiveness of these laws and contend that they could potentially be exploited to denigrate a particular community. The Indian Express newspaper voiced criticism of the ordinances put forward by the state of Uttar Pradesh, stating that they “act as a communal [sectarian] dog whistle that preys on the majority’s notions of purity and pollution and targets an already insecure minority”. In India, a nation characterized by its cultural diversity, food and dietary customs are sensitive topics, being profoundly linked to religious beliefs and the country’s hierarchical caste system. Food-related norms and taboos occasionally result in inter-community conflicts, fostering sentiments of mistrust. As a result, the concept of “food safety” has also become intertwined with religion, which is sometimes employed to attribute motives to alleged contamination incidents. Food safety constitutes a significant concern in India, with the Food Safety and Standards Authority (FSSAI) estimating that approximately 600 million infections and 400,000 fatalities occur each year due to unsafe food. Specialists attribute various factors to the substandard food safety conditions in India, such as insufficient enforcement of food safety regulations and a deficit in public awareness. Confined kitchen spaces, unhygienic utensils, tainted water, and improper transportation and storage methods further jeopardize food safety. Consequently, the emergence of videos showing vendors spitting into food provoked public shock and outrage. Shortly thereafter, Uttarakhand declared substantial fines for offenders and mandated police verification of hotel personnel, along with the installation of CCTVs in kitchens. In Uttar Pradesh, Chief Minister Yogi Adityanath stated that police verification of every employee is necessary to prevent such occurrences. The state additionally intends to make it compulsory for food establishments to exhibit the names of their owners, for culinary staff and servers to wear masks and gloves, and for CCTVs to be installed in hotels and restaurants. Reports indicate that Adityanath is preparing to introduce two ordinances that would impose penalties for spitting in food, including imprisonment for up to 10 years. In July, the Supreme Court of India had suspended directives issued by the governments of Uttarakhand and Uttar Pradesh, which required individuals operating food stalls along the Kanwar yatra route—an annual Hindu pilgrimage—to conspicuously display the names and other identification particulars of their owners. Petitioners informed the highest court that these directives unfairly singled out Muslims and would adversely affect their commercial enterprises. On Wednesday, law enforcement in Barakanki town, within the state, apprehended restaurant proprietor Mohammad Irshad for allegedly spitting on a roti (flat bread) during its preparation. Mr. Irshad faced charges of disturbing peace and religious harmony, as reported by the Hindustan Times newspaper. Earlier this month, police in Mussoorie, Uttarakhand, detained two men—Naushad Ali and Hasan Ali—on allegations of spitting into a saucepan while preparing tea, and accused them of inciting public outrage and endangering health, according to The Hindu. The videos depicting the men spitting, which appeared on social media platforms days prior to their arrests, acquired a religious interpretation after numerous Hindu nationalist accounts started labeling them as instances of “thook-jihad” or “spit-jihad.” This term is a variation of “love-jihad,” a phrase originated by radical Hindu groups to allege that Muslim men convert Hindu women through marriage. By extension, “thook-jihad” purports that Muslims are attempting to defile Hindus by spitting into their food. This marks another instance where the Muslim community has been subjected to spitting allegations. During the Covid-19 pandemic, a series of fabricated videos circulated widely on social media, showing Muslims spitting, sneezing, or licking items with the intent to infect individuals with the virus. These videos intensified religious polarization, with hardline Hindu accounts disseminating anti-Muslim rhetoric. Opposition leaders within the two BJP-governed states have voiced criticism of the recent directives, asserting that these measures could be employed to target Muslims and that the government is utilizing such orders as a diversionary tactic to shift focus from other critical issues, including unemployment and soaring inflation. Conversely, Manish Sayana, a food safety officer in Uttarakhand, maintains that the government’s directives are exclusively intended to ensure food is safe for consumption. He informed the BBC that food safety officers and police have initiated unannounced inspections at various eateries and that they “urge people to wear masks and gloves and install CCTVs” at every location they inspect. V. Venkatesan, a legal expert and journalist, asserts the necessity for new ordinances and laws concerning food safety to undergo thorough discussion in the legislative assembly. He states, “According to me, the existing laws [under the Food Safety and Standards Act, 2006] are sufficient to take care of any offences connected to food safety. So, one needs to ask why the need for these new laws and directives?” He further questions, “Governments seem to think that laws prescribing harsh punishments will deter people from committing crimes, but research has shown that it is the proper implementation of laws that deter people from committing crimes. So, have the existing laws not been properly implemented in these states yet?” For additional information, BBC News India can be followed on Instagram, YouTube, Twitter, and Facebook. Copyright 2024 BBC. All rights reserved. The BBC disclaims responsibility for the content of external websites. Details regarding our approach to external linking are available.