SC asks experts to explore if Endosulfan can be exported

The Supreme Court today asked an expert panel appointed by it to explore the possibility of exporting the existing stock of banned pesticide Endosulfan here to other countries.

The apex court, which sought answers on various questions related to Endosulfan, also wanted to know from the expert body, how the quantity of the pesticide after exports can be destroyed without harming the environment.

The bench headed by Chief Justice S H Kapadia asked the the Joint Expert Committee, consisting of the Indian Council Medical Research (ICMR) Director General and the Agricultural Commissioner, to find out the existing stock of the firms producing Endosulfan.

The expert committee would find out "what is the total quantity of the manufactured Endosulfan in various companies, firms, etc. in the country and what is the quantity of the manufactured stock of Endosulfan, out of the total quantity manufactured in India which can be exported in terms of the pending export orders".

Further, the bench, which also consists of justices K S Radhakrishnan and Swatanter Kumar, wanted to know from the joint expert committee to which countries could exports be made and on what conditions.

"In this connection, the committee will examine the relevant material, including international conventions, and suggest to us the conditions on which exports of the existing manufactured stock be made," the bench said.

It said the vital question was about the quantum of the pesticide left after meeting the export order as it would require destruction of those keeping in mind the international convention and environmental concerns."Net of such exports, the court would like to know as to what steps the government should take to dispose of the balance quantity of the manufactured Endosulfan? At what stage could the material/product be destroyed?," the bench said.

"While deciding these questions on disposal of the manufactured quantity of Endosulfan, the committee would keep in mind the environmental norms ­ whether destruction of the balance quantity would result in ecological degradation," the bench said while asking the committee to give an interim
report on the above questions within three weeks.

The apex court had on May 13 imposed a complete ban on production, sale and use of Endosulfan holding that human life is more important than anything else and it did not want even a single child to suffer.

The court's order had come on a petition seeking a ban on Endolsulfan on the ground that it was causing health hazards including genetic disorders in Kerala where it is widely used.

The bench had said it was concerned about right to life of the citizens guaranteed under Article 21 of the Constitution and even the companies involved in the manufacturing of the controversial pesticide cannot ignore corporate and social responsibility by ignoring the hazards posed to human lives.