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Suo-motu W.P.No.9195 of 2018IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30.07.2024CORAM :THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICEANDTHE HON'BLE MR.JUSTICE K.KUMARESH BABUSuo-motu W.P.No.9195 of 20181 The Union of India Through the Drugs Controller General (India) Directorate General of Health Services FDA Bhavan, CHEB Campus, Kotla Road New Delhi – 110 002.2 The Government of Tamil Nadu Rep. By its Secretary Agriculture Department Fort St. George Chennai-600 009.3 The Government of Tamil Nadu Rep. By its Secretary Health and Family Welfare Department Fort St. George Chennai - 600 009.4 The Commissioner Agriculture Department Chepauk Chennai - 600 005.5 The Director of Drugs Control Office of the Drugs Controller DMS Campus, Chennai – 600 018.__________Page 1 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 20186 The Controlling Authority-cum-Licensing Authority Department of Drugs Control Puducherry... Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to ban the selling of the products of pesticide and drugs without having antidotes to protect / counter-act the patients consuming the pesticide/insecticide containing poisonous substance namely, Paraquat, Aluminum Phosphate, etc. [For the reasons stated in the letter dated 04.04.2018 from Dr.N.Rajkumar, No.21, Fort Main Road, Namakkal-637 001].For the Respondents:Mr.AR.L.SundaresanAddl. Solicitor-Generalassisted byMr.S.Janarthananfor respondent Nos.1 and 5:Mr.A.Edwin PrabakarState Government Pleaderfor respondents 2 to 4:Mr.S.RaveekumarGovt. Pleader (Puducherry)for respondent No.6ORDER(Order of the Court was made by the Hon'ble Acting Chief Justice)This suo-motu writ petition has been taken on file pursuant to the letter dated 4.4.2018 addressed by Dr.N.Rajkumar of Namakkal.__________Page 2 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 20182. The prayer in the writ petition reads thus:“For the reasons stated in the accompanying letter dated 04.04.2018 from Dr. N.Rajkumar, No.21, Fort Main Road, Namakkal-637 001, it is humbly prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or direction in the nature of Writ directing the respondents to ban the selling of the products of pesticide and drugs without having antidotes to protect/counter-act the patients consuming the pesticide/insecticide containing poisonous substance namely, Paraquat and Aluminium Phosphate, etc. and to pass such further or other orders as this Hon'ble Court may deem fit in the circumstances of the case and thus render justice.”3. A counter/report has been filed by the Ministry of Agriculture and Farmers Welfare, Government of India, wherein, it has been stated as under:“14. In the respectful submission of the answering respondent it is humbly stated that the pesticides being inherently toxic substances capable of causing grave hazards, by any stretch of imagination are not __________Page 3 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018meant for human consumption and its use should only be made as per the label claims approved by the Registration Committee which includes the doses/time and method of applications on approved pests on crops. It is also stated that the application of the pesticides including the subject substance Paraquat requires certain safety measures to be taken as under:a. The person should use personal protection equipments (PPE) including protection clothing, rubber gloves, boots, protecting mask and gloves while handling the pesticides.b. Avoid contact of Paraquat with mouth, eyes and skin.c. Strictly avoid inhalation while using it.d. Wear full protective clothing while mixing with water.e. Keep the product (Paraquat) under lock and key safely.f. Dispose off with care and safety after its use.The same are also mentioned on product label and leaflet either in text or as pictogram....16. It is also the respectful submission of the answering respondent that the subject substance Paraquat although does not have any specific known antidote however as stated above the effected person should be given adequate medical treatments based on the symptoms indicated immediately. It is further __________Page 4 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018submitted that the mere absence of any specific antidote cannot be a sole ground for banning/restriction of the subject insecticide as these are not meant for oral consumption by the human beings. In this context, it is also submitted to this Hon'ble Court that several other insecticides are also registered for use in the country as per the approved label claims by the Registration Committee and those insecticides do not have any specific known anti-dote. Further in case of any accidental poison case the patient is to be treated symptomatically.It is pertinent to submit thus that there is a substantial difference between the use, misuse and abuse of the pesticides and the human consumption of pesticide is totally unwarranted and tantamount to its abuse.17. It is further submitted that the review of the registered pesticides for its continued use or otherwise, is a continuous process undertaken by the Central Government from time to time and for the above purpose, the Government also constitutes expert committees having senior scientists as Chairman and members possession adequate technical expertise on the nitty-gritty of the subject involved and after consideration of the __________Page 5 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018recommendations, the Central Government takes an appropriate decision in accordance with the law.18. It is also the respectful submission of the respondents that the subject substance Paraquat dichlorideis currently under review based upon the directions issued by the answering respondentstore-evaluate the toxicity, adverse effects and safety of Paraquat dichloride keeping in mindserious issue of safety aspect for the human beings, animals and environmental at large.19. It is further submitted that the issues are under active examination of an expert group, which will deliberate at length as per terms of reference (TOR) for Paraquat dichloride and will submit the detailed report with recommendations. It is also humbly submitted that the review of the subject substance also relates to the recommendations submitted by Dr. Anupam Verma Committee on certain pesticides and the earlier decision of 361st RC meeting including Paraquat dichloride was also placed before the 453rd meeting of RC (Agenda item no.10.12) held on 16.01.2024, wherein the RC deliberated the matter at length and decided that more technical information may be gathered and presented before the RC as and when received shall be considered by __________Page 6 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018the Central Government and an appropriate view/decision shall be taken after adhering due process of law.”4. Learned Additional Solicitor-General appearing for respondents 1 and 5 submitted that the Registration Committee has deliberated the matter at length and based on the recommendations of the Registration Committee, appropriate decision will be taken by the Central Government.5. In the light of the specific averment made in the report/counter of the Ministry of Agriculture and Farmers, Government of India that the Registration Committee deliberated the matter at length and decided to gather more technical information for arriving at a conclusion and as and when the recommendations of the Registration Committee received, the Central Government will take appropriate decision after adhering due process of law, we are of the view that the Central Government is in seizin of the issue and no further orders are required to be __________Page 7 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018passed in the suo-motu writ petition.6. The suo-motu writ petition is disposed of with a direction to the first respondent/Union of India to take a decision based on the recommendations of the Registration Committee, after adhering to due process of law, within a period of six months from the date of receipt of a copy of this order. There shall be no order as to costs. (D.K.K., ACJ.) (K.B., J.) 30.07.2024 Index : Yes/NoNC:Yes/Nobbr__________Page 8 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018To:1 The Drugs Controller General (India) Union of India Directorate General of Health Services FDA Bhavan, CHEB Campus, Kotla Road New Delhi – 110 002.2 The Secretary Government of Tamil Nadu Agriculture Department Fort St. George Chennai-600 009.3 The Secretary Government of Tamil Nadu Health and Family Welfare Department Fort St. George Chennai - 600 009.4 The Commissioner Agriculture Department Chepauk Chennai - 600 005.5 The Director of Drugs Control Office of the Drugs Controller DMS Campus, Chennai – 600 018.6 The Controlling Authority-cum-Licensing Authority Department of Drugs Control Puducherry.__________Page 9 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018THE HON'BLE ACTING CHIEF JUSTICEAND K.KUMARESH BABU,J.bbr Suo-motu W.P.No.9195 of 2018 30.07.2024__________Page 10 of 10
Suo-motu W.P.No.9195 of 2018IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30.07.2024CORAM :THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICEANDTHE HON'BLE MR.JUSTICE K.KUMARESH BABUSuo-motu W.P.No.9195 of 20181 The Union of India Through the Drugs Controller General (India) Directorate General of Health Services FDA Bhavan, CHEB Campus, Kotla Road New Delhi – 110 002.2 The Government of Tamil Nadu Rep. By its Secretary Agriculture Department Fort St. George Chennai-600 009.3 The Government of Tamil Nadu Rep. By its Secretary Health and Family Welfare Department Fort St. George Chennai - 600 009.4 The Commissioner Agriculture Department Chepauk Chennai - 600 005.5 The Director of Drugs Control Office of the Drugs Controller DMS Campus, Chennai – 600 018.__________Page 1 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 20186 The Controlling Authority-cum-Licensing Authority Department of Drugs Control Puducherry... Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to ban the selling of the products of pesticide and drugs without having antidotes to protect / counter-act the patients consuming the pesticide/insecticide containing poisonous substance namely, Paraquat, Aluminum Phosphate, etc. [For the reasons stated in the letter dated 04.04.2018 from Dr.N.Rajkumar, No.21, Fort Main Road, Namakkal-637 001].For the Respondents:Mr.AR.L.SundaresanAddl. Solicitor-Generalassisted byMr.S.Janarthananfor respondent Nos.1 and 5:Mr.A.Edwin PrabakarState Government Pleaderfor respondents 2 to 4:Mr.S.RaveekumarGovt. Pleader (Puducherry)for respondent No.6ORDER(Order of the Court was made by the Hon'ble Acting Chief Justice)This suo-motu writ petition has been taken on file pursuant to the letter dated 4.4.2018 addressed by Dr.N.Rajkumar of Namakkal.__________Page 2 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 20182. The prayer in the writ petition reads thus:“For the reasons stated in the accompanying letter dated 04.04.2018 from Dr. N.Rajkumar, No.21, Fort Main Road, Namakkal-637 001, it is humbly prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or direction in the nature of Writ directing the respondents to ban the selling of the products of pesticide and drugs without having antidotes to protect/counter-act the patients consuming the pesticide/insecticide containing poisonous substance namely, Paraquat and Aluminium Phosphate, etc. and to pass such further or other orders as this Hon'ble Court may deem fit in the circumstances of the case and thus render justice.”3. A counter/report has been filed by the Ministry of Agriculture and Farmers Welfare, Government of India, wherein, it has been stated as under:“14. In the respectful submission of the answering respondent it is humbly stated that the pesticides being inherently toxic substances capable of causing grave hazards, by any stretch of imagination are not __________Page 3 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018meant for human consumption and its use should only be made as per the label claims approved by the Registration Committee which includes the doses/time and method of applications on approved pests on crops. It is also stated that the application of the pesticides including the subject substance Paraquat requires certain safety measures to be taken as under:a. The person should use personal protection equipments (PPE) including protection clothing, rubber gloves, boots, protecting mask and gloves while handling the pesticides.b. Avoid contact of Paraquat with mouth, eyes and skin.c. Strictly avoid inhalation while using it.d. Wear full protective clothing while mixing with water.e. Keep the product (Paraquat) under lock and key safely.f. Dispose off with care and safety after its use.The same are also mentioned on product label and leaflet either in text or as pictogram....16. It is also the respectful submission of the answering respondent that the subject substance Paraquat although does not have any specific known antidote however as stated above the effected person should be given adequate medical treatments based on the symptoms indicated immediately. It is further __________Page 4 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018submitted that the mere absence of any specific antidote cannot be a sole ground for banning/restriction of the subject insecticide as these are not meant for oral consumption by the human beings. In this context, it is also submitted to this Hon'ble Court that several other insecticides are also registered for use in the country as per the approved label claims by the Registration Committee and those insecticides do not have any specific known anti-dote. Further in case of any accidental poison case the patient is to be treated symptomatically.It is pertinent to submit thus that there is a substantial difference between the use, misuse and abuse of the pesticides and the human consumption of pesticide is totally unwarranted and tantamount to its abuse.17. It is further submitted that the review of the registered pesticides for its continued use or otherwise, is a continuous process undertaken by the Central Government from time to time and for the above purpose, the Government also constitutes expert committees having senior scientists as Chairman and members possession adequate technical expertise on the nitty-gritty of the subject involved and after consideration of the __________Page 5 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018recommendations, the Central Government takes an appropriate decision in accordance with the law.18. It is also the respectful submission of the respondents that the subject substance Paraquat dichlorideis currently under review based upon the directions issued by the answering respondentstore-evaluate the toxicity, adverse effects and safety of Paraquat dichloride keeping in mindserious issue of safety aspect for the human beings, animals and environmental at large.19. It is further submitted that the issues are under active examination of an expert group, which will deliberate at length as per terms of reference (TOR) for Paraquat dichloride and will submit the detailed report with recommendations. It is also humbly submitted that the review of the subject substance also relates to the recommendations submitted by Dr. Anupam Verma Committee on certain pesticides and the earlier decision of 361st RC meeting including Paraquat dichloride was also placed before the 453rd meeting of RC (Agenda item no.10.12) held on 16.01.2024, wherein the RC deliberated the matter at length and decided that more technical information may be gathered and presented before the RC as and when received shall be considered by __________Page 6 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018the Central Government and an appropriate view/decision shall be taken after adhering due process of law.”4. Learned Additional Solicitor-General appearing for respondents 1 and 5 submitted that the Registration Committee has deliberated the matter at length and based on the recommendations of the Registration Committee, appropriate decision will be taken by the Central Government.5. In the light of the specific averment made in the report/counter of the Ministry of Agriculture and Farmers, Government of India that the Registration Committee deliberated the matter at length and decided to gather more technical information for arriving at a conclusion and as and when the recommendations of the Registration Committee received, the Central Government will take appropriate decision after adhering due process of law, we are of the view that the Central Government is in seizin of the issue and no further orders are required to be __________Page 7 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018passed in the suo-motu writ petition.6. The suo-motu writ petition is disposed of with a direction to the first respondent/Union of India to take a decision based on the recommendations of the Registration Committee, after adhering to due process of law, within a period of six months from the date of receipt of a copy of this order. There shall be no order as to costs. (D.K.K., ACJ.) (K.B., J.) 30.07.2024 Index : Yes/NoNC:Yes/Nobbr__________Page 8 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018To:1 The Drugs Controller General (India) Union of India Directorate General of Health Services FDA Bhavan, CHEB Campus, Kotla Road New Delhi – 110 002.2 The Secretary Government of Tamil Nadu Agriculture Department Fort St. George Chennai-600 009.3 The Secretary Government of Tamil Nadu Health and Family Welfare Department Fort St. George Chennai - 600 009.4 The Commissioner Agriculture Department Chepauk Chennai - 600 005.5 The Director of Drugs Control Office of the Drugs Controller DMS Campus, Chennai – 600 018.6 The Controlling Authority-cum-Licensing Authority Department of Drugs Control Puducherry.__________Page 9 of 10 https://www.mhc.tn.gov.in/judis Suo-motu W.P.No.9195 of 2018THE HON'BLE ACTING CHIEF JUSTICEAND K.KUMARESH BABU,J.bbr Suo-motu W.P.No.9195 of 2018 30.07.2024__________Page 10 of 10