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2005 DIGILAW 884 (RAJ)

Suo Motto v. State of Rajasthan

2005-03-22

K.S.RATHORE, SHIV KUMAR SHARMA

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Judgment S.K. Sharma, J.-On the basis of a news report dated April 18, 2004 published in the Daily News Paper Rajasthan Patrika, this Court on April 29, 2004 issued notice to the State of Rajasthan through the Secretary to Government, Agriculture Department to show cause as to why the petition be not admitted. 2. On September 13, 2004 the State of Rajasthan filed application for providing better particulars. It was stated that the news item related to quantity of insecticides found in the material but the quantity of insecticide was not mentioned. The State submitted that certain insecticides have been banned and the same are undecomposable and their traces remain in the soil. Some of the insecticides which are decomposable are ecofriendly. To find out truth in the factual position the State Governmnet sent letter to Dr. Smt. Neena Handa on July 29, 2004. When the Government did not receive any response a telegram was also sent to Dr. Smt. Neena Handa. In response to reminder Dr. Smt. Neena Handa, sent a letter mentioning that one correspondent in the interest of public asked her about her research work and the correspondent published the conclusion of the report in his own style. Dr. Smt. Neena Handa declined to provide information till the publication of the result of the research in different scientific journals. A prayer was made in the application for providing required information from Dr. Smt. Neena Hnada. 3. This Court on September 27, 2004 directed Dr. Smt. Neena Handa to show-cause why she be not directed to submit a copy of her Thesis in a sealed cover for perusal of this Court. This Court also directed the State to undertake sample survey of the grains and vegetables being grown in the various areas in order to ascertain whether insecticides are being used for growing vegetables and foods grains. Smt. Neena Handa filed a detailed affidavit and the thesis work done by her in relation to "Impact of Pesticides on Enviornment - A cased study of Raisingh Nagar". She asserted in the affidavit that her study concludes that the quantum of pesticides used in a small town Raisingh Nagar is very high and beyond the carrying capacity of the ecological system of Raishingh Nagar. She also asserted that ten types of paste were taken for study area, out of which few may be categorised as immune pastes. She asserted in the affidavit that her study concludes that the quantum of pesticides used in a small town Raisingh Nagar is very high and beyond the carrying capacity of the ecological system of Raishingh Nagar. She also asserted that ten types of paste were taken for study area, out of which few may be categorised as immune pastes. It was stated that probably the farmers were ignorant about using pesticide quanity out of the proportion, which resulted in a number of unprecedented diseases and putting extra burden on the health of the residents of Raisingh Nagar. It was also asserted that certain illiterates have been found to misuse stored pesticides in committing suicides. The study carried out by her suggested that handing of pesticides should be proper and storage should be in the safe hands. It was further asserted that abnormalities in eyes breathing behaviour should be reported to the medical practitioners. It was also submitted that repeated cases of miscarriages, abnormalities in the children born in Raisingh Nagar, repulsion in sucking milk by infants from their exposed mothers, chronic bronchitis cases were the result of exposure to pesticides. A number of patients were found of having very high concentration of total organo chlorine pesticides in their milk and blood. She also enclosed a survey of environment published by the Hindu. The crux of her affidavit was that there is no control over the use of pesticides in Rajasthan. 4. The State Government in compliance of the order of this Court dated September 27, 2004, submitted its report on December 2, 2004. The gist of the report is that out of 34 samples of both grains and vegetables, 18 samples were found contaminated with insecticide residues but the same were below their prescribed maximum residue limit (MRL). 5. We have scanned the material on record including thesis and the report of Dr. N.S. Parihar, Department of Entomology (Rajasthan Agriculture University, Bikaner ARS, Durgrapura Jaipur. The samples of grain and vegetables were collected from Jaipur, Tonk, Ajmer, Bharatpur, Sri Ganganagar, Chittorgarh, Nagaur, Udaipur, Bundi, Alwar, Kota and Baran Districts. 5. We have scanned the material on record including thesis and the report of Dr. N.S. Parihar, Department of Entomology (Rajasthan Agriculture University, Bikaner ARS, Durgrapura Jaipur. The samples of grain and vegetables were collected from Jaipur, Tonk, Ajmer, Bharatpur, Sri Ganganagar, Chittorgarh, Nagaur, Udaipur, Bundi, Alwar, Kota and Baran Districts. Out of the thirty four samples analysed for possible pesticide residues in the Laboratory of All India Network Project on Pesticide Residues Project of ICAR New Delhi at Agricultural Research Station, Durgapura of Rajasthan Agricultural University Bikaner, eighteen samples were found contaminated with pesticide residues of HCH, Chloropyriphos, and Endosulfan and all were below their prescribed MRL values. 6. Since the State of Rajasthan is making efforts to keep control over the use of pesticides in the State and samples were taken, therefore, we refrain ourselves from issuing any further directions in the matter. The writ petition accordingly stands disposed of .