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Motilal Yadav, a UP lawyer, has brought the 10-year-old ban on the noxious Chinese garlic back into the limelight by filing a petition before the Lucknow Bench of Allahabad High Court highlighting the alleged open sale of the banned garlic.
On the petition of Motilal Yadav, often referred as UP’s ‘PIL Man’, having filed more than 400 PILs so far, the Lucknow Bench of Allahabad High Court summoned UP’s food safety drug and administration (FSDA) to explain how the banned Chinese garlic is still available in the market, which eventually put the officials back in action mode.
The court has also directed the state government to provide information regarding measures taken to curb the sale of the illegal Chinese garlic, a commodity that has been banned in India.
Back to back raids in UP
On Monday, Uttar Pradesh witnessed a series of raids by FSDA officials across various vegetable markets to curb the alleged sale of illegal Chinese garlic. In Bijnor, under the orders of the District Magistrate, food inspector Naresh Kumar and his team raided Badi Mandi, the district’s largest vegetable market. The raid caused a stir among garlic traders, but the officials did not find any Chinese garlic during their checks.
The food inspector instructed traders to immediately inform the department if they come across any Chinese garlic. After inspecting all the shops, he confirmed that no banned garlic was found in the market. Similar action was witnessed in other districts of UP including Lucknow, Bareilly and others.
Why are officials back in action mode?
The question remains as to what prompted officials to come out of slumber and swing into action, enforcing the 10-year-old ban imposed by the Central Government in 2014, after declaring it ‘toxic’ due to excessive pesticide use. The answer lies in the petition by Yadav, presented before the Lucknow Bench of the Allahabad High Court, highlighting the garlic’s continued illegal sale in UP markets.
The court’s directives
The Allahabad High Court has summoned the designated officer of UP’s Food Safety and Drug Administration (FSDA) to explain how banned Chinese garlic continues to be sold in the market. The Lucknow Bench also questioned the Centre’s counsel about the mechanism in place to prevent the entry of such banned items and whether any efforts had been made to trace the source of entry and stop it.
During the proceedings, Yadav produced half a kilogram of Chinese garlic, along with regular garlic, before the judges to demonstrate the difference. The PIL led the court to summon FSDA officials to address the ongoing illegal sale, raising concerns over the enforcement of the decade-old ban imposed for public health safety.
Who is Motilal Yadav, the PIL Man?
Motilal Yadav, fondly referred to as the “UP’s PIL Man,” is a lawyer practising at the Lucknow Bench of the Allahabad High Court since 1999. Hailing from an agricultural family in Hardoi, Yadav is the second of four siblings. While his brothers stayed back to assist their father with farming, Yadav pursued higher education. He completed his graduation from Kanpur University and earned his LLB from Lucknow University in 1997.
Known for his dedication to public causes, Yadav claims to have filed over 400 Public Interest Litigations (PILs) to date, addressing various social and legal issues across UP.
One of Motilal Yadav’s most talked-about Public Interest Litigations (PILs) was filed in 2018, leading to the removal of illegal loudspeakers from religious places across UP. “I filed the PIL seeking strict enforcement of the Noise Pollution (Regulation and Control) Rules, 2000,” said Yadav. The court asked the state government whether loudspeakers or public address systems at mosques, temples, churches, and gurdwaras were installed with written permission from the concerned authorities.
Following criticism from the court, the UP government took action, banning the use of loudspeakers at temples, mosques, and other public places without prior permission. They also ordered the removal of unauthorised amplifiers and issued detailed directives governing the use of loudspeakers at religious sites, ensuring compliance with noise regulations.
Other than this, he said on his another PIL, the Lucknow Bench stayed caste based rallies in 2013.
In 2011, he said he filed a petition demanding the establishment of toilets in the coaches of the local train or short distance trains. “During the hearing, the Railways told the court that it will ensure that the new coaches are equipped with the toilet facilities,” said Yadav.
Yadav’s latest PIL
Yadav said that his latest petition on Chinese garlic was aimed to draw attention of the law-enforcers to the blatant sale of the banned commodity in India. “There were many reports that its consumption is injurious to health and hence I filed the PIL demanding the check on the sale of Chinese garlic which is still available in the market at much cheaper prices,” added Yadav.
What Is Chinese Garlic?
Chinese garlic is a variety of garlic commonly imported from China, known for its larger, cleaner, and whiter appearance compared to domestically grown garlic. However, Chinese garlic has faced criticism due to concerns about pesticide use and quality control. In 2014, the Indian government banned the import of Chinese garlic, due to reports of fungus-infested garlic entering the country, declaring it unfit for consumption. The garlic is often distinguishable by its uniform size and lack of roots, as they are typically removed during processing.
Is Chinese Garlic a threat?
Chinese garlic was banned in India amid reports of fungus-infested garlic entering the country and concerns over high pesticide levels. Officials from the FSDA stated that Chinese garlic is treated with a fungicide containing methyl bromide to prevent fungal growth for up to six months. In contrast, Indian garlic is grown with minimal pesticides, emphasizing natural farming methods. Additionally, Chinese garlic contains significantly lower levels of allicin, a compound known to regulate blood pressure, act as a natural antibiotic, and boost immunity.
How to check Chinese Garlic?
Chinese garlic can be differentiated from Indian garlic in several ways. Chinese garlic is light white or pink with a mild aroma, while Indian garlic ranges from white to light brown with a strong, pungent smell and robust taste. Chinese garlic is grown with heavy use of chemicals and pesticides, while Indian garlic is produced using traditional, natural farming methods with minimal chemical use. Additionally, the Chinese variety may contain synthetic substances that can be hazardous to health.
Chinese Garlic, a threat to farmer
In addition to health risks, Chinese garlic poses a significant threat to Indian farmers due to its cheaper price. While Indian garlic costs around Rs 400 to Rs 450 per kilogram, Chinese garlic is priced below Rs 250 per kilogram, making it more appealing to buyers. This price difference has led to high sales of Chinese garlic, negatively impacting farmers in key garlic-producing states like Madhya Pradesh, Rajasthan, and Uttar Pradesh. According to a wholesaler at Chakarpur Mandi, Kanpur, this price disparity is a major concern for local farmers.
How is Chinese garlic making its way to UP?
If officials with the FSDA are to be believed, the traders are illegally bringing Chinese garlic to UP via Nepal and Bangladesh. The officials have cited the high price of Indian garlic, behind the reason why Chinese garlic is smuggled to India. “Chinese garlic is brought at a low rate and sold at a profit of four to five times in India. Chinese garlic is easy to peel and its grain is thick, so it is in high demand,” a senior official said.
Of late, officials said that around 16 tons of Chinese garlic has been recovered in the last one month (August-September) on the Indo-Nepal border while recently on September 21, around 23 tons of smuggled Chinese garlic was recovered from 2 trucks on the Phulpur-Prayagraj highway during checking.
However, after the court’s directives, the FSDA officials are now leaving no stone unturned to put a check on the sale of the banned Chinese garlic in UP.
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