Madras High Court tells Tamil Nadu to supply toxic-free masoor dhal

Chennai: The Madurai bench of the Madras High Court on Friday directed the Tamil Nadu Government to supply quality 'masoor dhal' - free from colour and presence of ‘kesari dhal’ - to people through the Public Distribution System (PDS).

A division bench comprising Justices K K Sasidharan and G R Swaminathan asked the principal secretary, Cooperation, Food and Consumer Protection department and Tamil Nadu Civil Supplies Corporation (TNCSC) to ensure strict compliance of clause No.14 of the tender conditions that the ‘masoor dhal’ supplied must be free from toxic substances which is harmful for human consumption.

Earlier the court had stayed the government tender notification for the procurement of ‘masoor dhal’ based on a petition filed by one Ananthi Jeganathan, a retired deputy director of Animal Husbandry department, from Kalanivasal, Karikudi who contended that the government passed an order on March 1, 2007, to withdraw the ‘masoor dhal’ from the Nutritious Meal Programme and Anganwadi schemes on account of the presence of ‘kesari dhal’, a weed plant which grew along with ‘masoor dhal’ plants. The toxic presence in ‘kesari dhal’ would affect the nervous system of the people, and the officials could not separate it from ‘masoor dhal’, said the petitioner.

However, the government in the counter affidavit informed the court that the grader (separation) and colour sorter technology was now available for grading and sorting for pluses and it would be possible to identify and segregate ‘kesari dhal’ in ‘masoor dhal’. 

Stating that the government must comply with its undertaking given in the counter-affidavit by ensuring that ‘masoor dhal’ would be fit for human consumption, Mr. Justice Sasidharan observed that the samples of ‘masoor dhal’ must be sent to the accredited food analytical laboratories for testing to check whether it was free from the presence of ‘kesari dhal’ before supplying it to members of the public under PDS.

The TNCSC must adopt a strict protocol to supply quality ‘masoor dhal’ through the PDS, said the court before disposed off the petition.