(c) EJF
(c) EJF

A 3-judge bench of Chief Justice S H Kapadia and justices A K Patnaik and Swatanter Kumar has ruled that the existing stock of 2,698 kilolitres of pesticide endosulfan held by manufacturers and formulators in India may be exported despite a national ban on production, sale and use.

This comes only eight months after national delegates at the fifth conference of parties (COP5) agreed to list endosulfan under Annex A of the Stockholm Convention on Persistent Organic Pollutants (POPs).

Each country party to the Convention is now responsible for ending endosulfan production and use within their borders by 2012.

India was one of three countries that sought exemptions to allow continued production and use for five years (with the potential for additional delays if they introduce gradual phase-outs rather than immediate bans after this period). However, this stance was reversed in May this year when the government imposed a national ban.

Giving their reasons for the decision to allow export in the face of domestic prohibitions, Chief Justice S H Kapadia said, “Our main concern is that we don’t want our people to suffer…Why should this material lie on Indian soil? If some countries are willing to import it, we should go for it.”

“Why are you bothered about the other countries if they want to import it?” he said.

Adding, “Why do you want the poison to remain in the country? There should be a common sense approach. If it can be exported, then let it happen.”

 

Background to a ban

Until this year, India has been steadfast in its determination to undermine all attempts at global control of this highly toxic and persistent pesticide.

This position reflects serious vested interests.

India has been one of the world’s largest producers of pesticides, and the largest producer of endosulfan, for many years. The government benefits directly from endosulfan sales, as the owner of one of the leading manufacturers – Hindustan Insecticides Ltd.

 

EJF taking action

EJF has been campaigning for a global ban on endosulfan with others including the Pesticide Action Network and Thanal since 2004, highlighting scientific evidence of the threats posed by endosulfan to the environment and human health.

As a persistent organic pollutant (like DDT), endosulfan poses a unique threat to people and the environment. It is takes an extremely long time to break down naturally, is capable of travelling long distances from where it is applied, and is highly toxic.

Endosulfan is readily absorbed through human skin, the stomach and lungs and acute exposure can be fatal. Chronic exposure has been linked to severe physical deformities, delayed reproductive development, suppressed immunity, renal failure, cerebral palsy, epilepsy, increased risk of Parkinson's disease and infertility.

 

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