IMS Act repeal: Government agrees to reconsider

Prompted by the concern expressed by the Commission against the reported repeal of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act (IMS Act) as proposed by its inclusion in Schedule 1 of the Food Safety and Standards Bill 2005, the Ministry of Food Processing Industries has conveyed to the Commission that it proposes to make a recommendation to the group of Ministers constituted on the subject not to repeal the IMS Act but only to amend it. This would be done after obtaining the advice from the Law Ministry, it said.
Allaying the apprehension that the repeal of IMS Act will lead to unethical marketing and promotional practices, which denigrate mother's milk or interfere with breastfeeding, the Ministry of Food Processing Industries in its letter dated 24 February 2005 stated that the concern is not well founded. It stated that a well-drafted regulation under the proposed Bill would more than take care of the concern.
The letter was in response to a letter sent recently by the National Human Rights Commission to the Ministry of Food Processing Industries, Government of India expressing its concern on the repeal of the IMS Act. The Commission stated that the IMS Act is not a routine food law, nor does it have anything in common with the other Acts in the repeal list. It is a special Act to protect, promote and support breastfeeding; it does not deal with purity or adulteration of baby foods, but leaves those matters to the general laws enacted to deal with them, like the PFA: it focuses on marketing practices and other practices which interfere with breastfeeding, and thereby jeopardize the well being of baby and mother. The protection of breastfeeding is vital for saving the lives of millions of children in India every year, the Commission said.
The Commission in its letter also cited the apprehension expressed by NGOs and medical experts over the inclusion of the Infant Milk Substitutes, Feeding bottles and Infant Foods Act (IMS Act) in Schedule 1 of the Food Safety and Standards Bill 2005, which deals with all legislations to be repealed. It had requested the Ministry of Food Processing Industries to send the Bill, when finalized, to the Commission for its perusal and comments keeping in view the fact that rights of children are involved.