The Supreme Court on Friday imposed a two-month immediate country-wide ban on the production, sale and use of controversial pesticide endosulfan, awaiting the report of an expert committee to study side effects of the chemical. The court said its order was an interim measure in view of the threat perception to human life. It said it was invoking the ‘precautionary principle’ for taking the temporary step.
The principle, enunciated by the court in earlier judgements, said precaution should be taken before sanctioning any action if there would be irretrievable damage to the environment or human life.
The bench headed by Chief Justice S H Kapadia repeatedly observed that “even if one child suffers from the consequences of the pesticide, it should not be our head.” The financial consequences for the manufacturers could be rectified, but the harm done to humans in the interregnum would not be reversible.
The court further directed the statutory authorities in the states to freeze the production licences granted to the manufacturers. The Kerala government has already closed the public sector's Hindustan Insecticide Ltd. There are three other private producers. On their behalf, counsel Mukul Rohtagi prayed they may be allowed to export the chemical. However, the court did not favour it. If the pesticide is bad for the people of Kerala, it must be bad for everyone else, the judges remarked.
In its order passed after examining various reports of expert committees, the court accepted the suggestion of Solicitor General Gopal Subramanium that there should be a fresh study by a joint team. This panel would consist of the director general of the Indian Council of Medical Research and the Agricultural Commissioner. This committee would submit its interim report to the court in July. The next order would depend upon that report. Various earlier reports have reached different conclusions.
