The term ‘forever’ is not just a cliché, it is a scientific fact. For our everyday comforts, we now have chosen materials that repel water and oil and tolerate extreme heat. However, many of these ‘everyday comforts’ products rely on certain kinds of compounds known as ‘forever chemicals”. Scientifically coined as ‘polyfluoroalkyl substances (PFAS), in the industrial side it is also addressed as C8 chemical or commonly called ‘Teflon’. This chemical combination does not break down in nature, rather it stays in our bodies and ecosystems for centuries, which goes against the Constitutional ideals of health and dignity.
From a legal perspective, the challenge of C8 is inseparably linked to the Constitution of India, is not just a legal document. It sets a moral compass through its Preamble while assuring the dignity of the individual. This dignity is anchored to Article 21, the Right to Life. As per the Food Safety and Standards Act, 2006, a food item becomes “unsafe” if its nature or composition contains harmful or dangerous chemicals that damage human health. Also, the Consumer Protection Act, 2019 gives the government the power to keep people safe from products that are harmful to their health and safety. When an ingredient found in food stays in the environment and builds up in people, then it will no longer be viewed as an industrial issue, rather it is a matter of collective public safety.
We should not look at the problem of “forever
chemicals” through the lens of who is to blame. Instead, we should look at it
through the lens of ethical choices and shared duty. We must ask ourselves the “bigger
question” such as, “Why is the chemical composition of a non-sticky coating relevant
to a common man, a law student or a policymaker today?” Yes, it matters, because
the legal battle cum protection of the environment is an act of intergenerational
Justice. Thus, we should make intellectual choices today regarding chemical
usage to preserve tomorrow’s environmental legacy.
To deal with the effects of chemicals like C8, we need to move from reactive legal actions to proactive administrations. The law gives us the tools we need to mend rules to ensure food-grade, packaging materials, etc., in order not to risk the public health, but we all need to understand that protecting the earth is an ultimate part of protecting human rights. It is to be noted, that there are invisible dangers that threaten eco-life that we must protect in order to keep our biology from being sacrificed for technological progress and human comfort. We need to have an honest conversation about the chemicals that are allowed in our mother earth. This is necessary to ensure that our actions do not disrupt the delicate balance of nature.
Now that we understand how severe these chemicals are to living beings, we need to understand that meaningful social reform only happens when individuals as citizens of Mother Earth first change within themselves. It is up to each of us to protect the air, water, and environment that keep us alive. Finally, our legal system can be strong when our own internal commitment to human dignity is stronger. The challenge before us is no longer a test of how good we are at technology. Instead, it is a test of our “inner collective will” to change our mindset and traits for a better tomorrow.
Prof. Akbar