DR.ASHOK versus UNION OF INDIA AND ORS.

Citation: [1997] SUPP. 1 S.C.R. 14 · Decided: 02-05-1997 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Disposed off

Judgment (excerpt)

A 
DR.ASHOK 
v. 
c
UNION OF INDIA AND ORS. 
MAY 2, 1997 
" 
B 
[S.C. AGRAWAL AND G.B. PATTANAIK, JJ.] 
Constitution of India, 1950 : Article 32 
Health hazard-Manufacture and use of insecticides and chemicals 
c detrimental to human health---Already banned in advanced countries-PIL 
.. 
praying for banning import, production, distribution, sale and use of 40 
... 
insecticides and chemicals---Notices issued to different Ministries of Govern-
ment-Appointment of Expert Committee to review their use-Steps taken to 
totally ban some and allow restricted use of some other insecticides and 
D 
chemicals-Held, Government has taken sufficient steps to ban or to allow 
restricted use of insecticides and chemicals-But no coordinated effort be-
tween different Ministries of Government involved-Constitution of a Com-
mittee off our senior officers from different Ministries for taking coordinated 
effort-Directions issued. 
E 
Insecticides Act, 1968: Sections 27(2) and 3(e)(i) and (iii)-Power of 
Central Government to cancel the Certificate of Registration-Held, power 
can be exercised only in respect of any insecticides specified in section 3(e)(iii) 
but cannot be exercised in respect of substance falling under section 3(e)(i) 
which is specified in the schedule itself-Thus there is a lacuna in the 
F 
legislation itself and steps be taken for appropriate amendment in the legisla-
tion-Govemment is duty bound to have consultation with the Registration 
Committee before the power under section 27(2) is exercised. 
Word\" and Phrases : 
G 
Right to life-Meaning of in the Context of Article 21 of the Constitution 
of India. 
Appellant wrote a letter to the Chief Justice of India to ban the 
import, production, distribution, sale and use of 40 insecticides and addi· 
....... 
tives which were hazardous to human health. Treating the said letter as 
H public interest litigation, notices were issued to respondents through the 
14 
ASHOK v. U.O.I. 
15 
c011cerned Ministries. Affidavits were filed by different Ministries of the A 
,~ 
Government indicating that the Government of India had set up an Expert 
Committee to review continuance of the use of pesticides in India that are 
either banned or restricted for use in other countries. The Central Govern-
-
ment after considering the recommendation of the Expert Committee and 
after consultation with the Registration Committee issued notification B 
cancelling the Certificate of Registration in respect of certain insecticides 
and chemicals and allowing restrictive manufacture and use of certain -
other items. 
Writ petitions were filed before the High Court by the manufacturers 
,,.. 
of certain chemicals challenging the notification of Government cancelling c 
the Registration Certificate on the ground that it was beyond the scope 
and powers of the Central Government under section 27(2) of the Insec-
ticides Act, 1968. The said writ petitions were transferred to this Court 
-0 
and were heard alongwith the main petition. 
Disposing the petition; this Court 
D 
HELD : 1.1. There has not been much study and the research on the 
harmful effect of several chemicals and pesticides. Though sufficient steps 
have been taken to either ban or to allow restricted use of the 40 items of 
insecticides and chemicals identified in the petition but yet there is no E 
• 
coordinated effort between different Ministries of the Government that are 
-.'., 
involved. In the circumstances it is directed that a Committee of four 
Senior Officers from the four different Ministries involved be constituted 
• 
by the Cabinet Secretary, which Committee should have deliberations at 
least once in three months and take suitable measures in future in respect 
of any other insecticides and chemicals which are found to be hazardous F 
for health. [23-H; 28-F; 29-D] 
1.2. There has been constant research on the use of chemicals and 
pesticides and its effects on the human health in most of the advanced 
countries. On the basis of continued research in the field, several chemi- G 
cals and insecticides which upset ecosystem have been totally banned in 
USA and other advanced countries whereas in developing countries like 
._ .... 
India no effective measure have been taken so far. It is a fact that 
pesticides considered hazardous in rich countries remain freely in use in 
developing countries. This is because many of the developing countries 
lack scientific facilities for toxicological scrutiny as also for making 

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