Southern States - Kerala

HC directive on endosulfan

By Our staff Reporter

KOCHI June 28. A Division Bench of the Kerala High Court on Friday directed that a competent authority of the State Government file an affidavit clearing the ambiguity in the order lifting the ban on the use of endosulfan. The Bench comprising the Chief Justice, B. N. Srikrishna and Justice G. Sivarajan issued the directive when a writ petition jointly filed by the People's Council for Social Justice and the Samatha Law Society questioning the order came up before it.

It had been pointed out that the order lifting the ban on the use of endosulfan was ambiguous. It says that the use of endosulfan, except by aerial spraying, had been allowed. However, a particular clause said that the ban on its entire use had been lifted. The counsel for the petitioners pointed out that the order had given rise to a situation of ambiguity. If one read the order in its entirety, it could be seen that endosulfan could be used by means other than by aerial spraying, which had the potential to harm the life of humans and animals.

The court then pointed out that if there was any substance in the contention; it was very dangerous. And threfore, the spraying would have to be controlled and monitored. The court said that since this issue was not clear from the order, a competent authority should file an affidavit clarifying it. The Government pleader submitted that in the meanwhile, the order lifting the prohibition on the use of pesticide should be implemented.

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