Overview
The Jan Vishwas Act has been operationalised by the Ministry of Health and Family Welfare. The reforms target the Drugs and Cosmetics Act and the Food Safety and Standards Act. The aim is to replace criminal prosecution for minor, technical lapses with administrative penalties, thereby easing the compliance burden while keeping strict safeguards for public health.
Key Developments
- Section 29 of the Drugs and Cosmetics Act, which penalised misuse of a Government Analyst’s report, has been omitted.
- Violations related to low‑risk cosmetics (minor quality or labelling errors) are now dealt with through an administrative penalty framework.
- Section 28A, covering procedural lapses like record‑keeping, is converted to an administrative penalty.
- False complaints against Food Safety Officers will attract an administrative penalty instead of a court fine.
- Imprisonment for interfering with seized items is reduced from six months to three months.
- The offence of obstructing or resisting a Food Safety Officer is removed from the Food Safety and Standards Act, as it is already covered by the Bharatiya Nyaya Sanhita (BNS).
- New provisions create Adjudicating Authorities and an appeal mechanism for swift case disposal.
Important Facts
• The removal of Section 29 eliminates a ₹1 lakh penalty for misuse of analyst reports.
• Administrative penalties now cover minor cosmetic quality lapses, procedural non‑compliance, and false complaints.
• The maximum imprisonment for tampering with seized items is capped at three months.
• All serious offences involving spurious or adulterated products retain strict penal provisions.
Exam Relevance
These reforms illustrate the government's approach to balancing public health safeguards with ease of doing business. For GS 2 (Polity), they showcase regulatory simplification and the shift from criminal to civil enforcement. For GS 3 (Economy), reducing compliance costs can improve the business climate and attract investment. For GS 4 (Ethics), the emphasis on trust‑based governance aligns with principles of transparency and proportionality in law enforcement.
Way Forward
Effective implementation will require training of Adjudicating Authorities, awareness campaigns for industry players, and robust monitoring to ensure that serious health offences are not diluted. Periodic review of the penalty framework will help maintain the right balance between facilitation and protection.