New Delhi, July 15 (IANS) The Supreme Court Friday asked the central government to respond to endosulphan manufacturers' plea to relax the ban on the production and sale of the pesticide, to meet their export commitments.
An apex court bench of Chief Justice S.H. Kapadia, Justice K.S. Panikar Radhakrishnan and Justice Swatanter Kumar gave the government three weeks to file its reply to the manufacturers' plea.
A pesticide that is widely used in agriculture, particularly for rice and cotton crops, endosulphan has harmful effects on humans and environment. An interim apex court order May 13 had banned its production, distribution and use.
The court also asked Additional Solicitor General Mohan Parasaran to submit the interim report of the expert committee that was set up to inquire into the harmful effects of the pesticide.
The court had by its May 13 order asked the expert committee to carry out comprehensive study spread all over the country and give details on the use of the pesticide area- and region-wise.
It had also asked the interim report should state whether endosulphan should be banned. If so, how the existing stocks should settled in phases and whether there was any cost effective alternative to the pesticide.
As the manufacturers pleaded for the relaxation of the ban order so that they could meet their export commitments, the court asked senior counsel Harish Salve, appearing for the manufacturers, how would they ensure that the exported endosulphan would not be transported back to India.
Salve told the court that the manufacturers were seeking a limited relief that they should be allowed to export. 'We are not making for Indian market alone but even export. Why we should not be allowed to produce for export?' Salve asked.
At this Chief Justice Kapadia asked: 'If we allowed export, what would happen if it comes back. It happens in the (export of) other matters.'
'I am just cautioning you,' the chief justice told Salve on the possibility of endosulphan getting re-routed to the Indian market.
When Salve told the court that advanced countries have good regulatory mechanism and the apprehensions of the court could be addressed, the court said that in the case, it had no objection. 'We can allow resumption of production with certain conditions.'
The Democratic Youth Federation of India, the youth wing of the Communist Party of India-Marxist, had moved the Supreme Court to seek a ban on endosulphan.
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