DR.ASHOK versus UNION OF INDIA AND ORS.

DR.ASHOK versus UNION OF INDIA AND ORS.

Government has taken sufficient steps to ban or restrict the use of hazardous insecticides and chemicals; lack of coordinated effort between Ministries requires constitution of a Committee. The power of Central Government to cancel Certificate of Registration under the Insecticides Act, 1968 extends only to formulations and not to substances listed in the schedule, thereby requiring legislative amendment. Consultation with Registration Committee is mandatory.

Parties
Petitioner: Dr. Ashok; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
02 May 1997
Procedural Posture
Writ Petition (civil) No. 1094 of 1988 / Final Disposition
Outcome
Petition disposed of; transferred cases allowed to the extent indicated.
Legal Topics
Ban of Hazardous Insecticides and Chemicals, Coordination of Ministries, Amendment of Insecticides Act, Right to Life Under Article 21
Constitutional Law Environmental Law Administrative Law Public Health Law Ban of Hazardous Insecticides and Chemicals Coordination of Ministries Amendment of Insecticides Act Right to Life Under Article 21

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Parties

Dr. Ashok

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 1094 of 1988 / Final Disposition

Legal Issues

  1. 1 Whether the Central Government can ban/import/cancel registration of insecticides and chemicals hazardous to health under the existing statutes
  2. 2 Whether the lack of coordinated effort between Ministries is problematic
  3. 3 Whether there is a legislative lacuna in the power to ban certain substances listed in the Schedule of the Insecticides Act, 1968

Ratio Decidendi

Government has taken sufficient steps to ban or restrict the use of hazardous insecticides and chemicals; lack of coordinated effort between Ministries requires constitution of a Committee. The power of Central Government to cancel Certificate of Registration under the Insecticides Act, 1968 extends only to formulations and not to substances listed in the schedule, thereby requiring legislative amendment. Consultation with Registration Committee is mandatory.

Court Disposition

Petition disposed of; transferred cases allowed to the extent indicated.

Orders

  • Cabinet Secretary directed to constitute a Committee of four senior officers from different Ministries involved to deliberate at least once in three months and take suitable measures in respect of hazardous chemicals/insecticides.
  • Steps be taken for legislative amendment to address lacuna in Insecticides Act regarding banning substances listed in Schedule.