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Dr. Ashok v. Union of India and Others

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
May 2, 1997
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court of india
Sede de la corte
New Delhi
Juez
Agrawal S. C.; Pattanaik G.B.
Número de referencia
AIR 1997 SC 2298
Idioma
Inglés
Materia
Desechos y sustancias peligrosas
Resumen

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.

Texto completo
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