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Dr. Ashok v. Union of India and Others

Country/Territory
India
Type of court
National - higher court
Date
May 2, 1997
Source
UNEP, InforMEA
Court name
Supreme Court of india
Seat of court
New Delhi
Judge
Agrawal S. C.; Pattanaik G.B.
Reference number
AIR 1997 SC 2298
Language
English
Subject
Waste & hazardous substances
Abstract

The case was concerned with certain chemicals containing carcinogenic properties that were banned in other “advanced countries”, but approved in India. These chemicals included some insecticides, colour and food additives.

A petition under Article 32 of the Constitution guaranteeing the right to move the Supreme Court for the enforcement of fundamental rights was filed by Dr. Ashok. Moreover, another petition was filed which challenged the notification by the Central Government calling for a phase out of the manufacture and use of Benzene Hexachloride (BHC) by cancelling certificates of registration for BHC.

The Court held that the use of hazardous substances was a danger to the health and safety of living beings. While it may be justifiable to use them to fight epidemics, it is not justifiable for manufacturers to use them when they pose a hazard to public health which always has priority over economic interests such as generating revenue.

The Court ordered the establishment of a committee with the purpose to take suitable measures concerning hazardous chemicals, but did not issue directions regarding the chemicals mentioned in this petition.

Furthermore, concerning the certificates of registration for BHC, the Court held that despite scientific evidence of the health hazards posed by this chemical, the government could not order the cancellation of these certificates, because BHC was one of the substances listed as an insecticide in the Insecticide Act 1968. Rather, steps should be taken to appropriately amend the legislation.

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