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70 Food & Drug L.J. 409 (2015)
The Most Serious Offenses and Penalties concerning Unsafe Foods under the Food Safety Laws in Bangladesh, India, and Australia: A Critical Analysis

handle is hein.journals/foodlj70 and id is 437 raw text is: The Most Serious Offenses and Penalties Concerning Unsafe Foods under the Food Safety Laws in Bangladesh, India, and Australia: A Critical Analysis S. M. SOLAIMAN AND ABU NOMAN M. ATAHAR ALI* INTRODUCTION Food safety is a requirement on which similarity is warranted irrespective of the socio- economic status of any consumer anywhere on earth at any given time. This is because unsafe foods seriously affect human health and cause loss of life including terminal diseases leading to an early demise. This issue is thus directly concerned with the right to life,' which is a universally recognized human right, as well as a constitutionally protected fundamental right enshrined in many national constitutions including those of Bangladesh2 and India.3 This critical right is legally protected in Australia though it has not been embraced in its national constitution.4 Admittedly, food safety is not presently a serious concern in Australia, perhaps mainly because of its effective regulatory regime and the consciousness of its consumers. However, the abundance of unsafe foods is a matter of critical concern in *S M Solaiman, PhD, LLM (Business Law), LLM, LLB (Hons), is a Senior Lecturer at the School of Law, University of Wollongong, Australia. His research focuses on consumer protection inboth financial and manufactured products including foodstuffs. Dr. Abu Noman M. Atahar Ali, PhD, LLM, LLB (Hons) works as an Honorary Fellow at the School of Law, University of Wollongong Australia. He is also an Assistant Professor of the Department of Law and Human Rights at the University of Asia Pacific, Bangladesh The main area of his research interest is food safety law. See S. M. Solaiman & Abu Noman Mohammad Atahar Ali, Rampant Food Adulteration in Bangladesh: Gross Violations of Fundamental Human Rights with Impunity, 14 ASIA PAC. J. HR. & L. 29-65 (2013). 2 CONSTITUTION OF THE PEOPLE'S REPUBLIC OF BANGLADESH, Nov. 4, 1972, art. 32. 3 INDIA CONST. art. 21. 4 The Constitution of Australia does not embrace any bill of rights unlike many others; therefore it does not contain the right to life. However, the right to life comes from the international instruments to which Australia is a party; specifically Australia is a party to seven core international human rights treaties. The right to life is contained in the International Covenant on Civil and Political Rights (ICCPR) article 6(1), the Second Optional Protocol to ICCPR article 1, the Convention on the Rights of the Child (CRC) article 6, the Convention on the Rights of Persons with Disabilities (CRPD) article 10. See Public sector guidance sheet on Right to Life, AUSTL. GoV'T http://www.ag.gov.au/RightsAndProtections/HumanRights/ PublicSectorGuidanceSheets/Pages/Righttolife.aspx (last visited Aug. 16, 2014).

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