33
South Africa, a group of individuals and organizations representing fishermen filed a case
claiming that the Government had failed to provide them fair access to fishing rights which
resulted in the violation of a number of basic socio-economic rights, most notably the right to
food. In 2008, the High Court issued an order that the policy framework developed by the
Government on the allocation of fishing rights must accommodate the socio-economic rights of
artisanal fishers and ensure their equitable access to marine resources, based on South Africa’s
international and national legal obligations.99 In 2008, the Supreme Court of Nepal in the case of
Prokash Moni Sharma delivered a verdict in favour of the right to food in view of chronic food
insecurity in the country.100
Given the deplorable conditions of food safety in Bangladesh, some PIL cases had been filed to
protect the rights of consumers. BLAST vs. Bangladesh101 is one of the important of such cases.
This case was concerned with the sale of edible salt without or inadequate iodine contents, which
affects the ordinary people of this country causing Cretinism and Goitre, two deadly diseases. In
this case, the Rule was issued upon the respondent (a) to take necessary steps and action to
ensure that all licensed manufacturers of salt do produce, pack and sell salt with Iodine content
conforming with the quality and standard as specified in the Iodine Diseases Prevention Act,
1989; (b) to revoke licences and take action against respondent and other manufacturers of
iodized salt, those failed to comply with the provisions as enumerated in the said Act; and (c) to
identify the unlicensed and fake manufacturers of edible salt and to take action against those
manufacturers as per provisions of the Act. It was found by the court that the iodine content in
the salt samples were not up to the requirement and that the packaging were not as per
requirements of the Act and the Rules; but those salt are being marketed without any check and
control by the respondents. The court directed the respondents to perform their respective
functions ensuring compliance of the provisions of the Iodine Deficiency Diseases Prevention
Act, 1989 and the Rules 1994 so that the iodized salt produced and marketed for consumption of
the people do comply with the provisions of the Act, 1989.
20. Recommendations
99
Fact Sheet 34
Dr. Mizanur Rahman, ‘Food, Human Rights and State’, CSRL,
101
Writ petition no. 1043 of 1999
100
Dhaka, 2011.