ToxicsWatch, Journal of Earth, Science, Economy and Justice

In a significant development, Department of Agriculture, Cooperation and Farmers, Union Ministry of Agriculture and Farmers Welfare Welfare has issued "a draft order Banning of Insecticides" October 3, 2023 which has been published in the Gazette of India on October 6. The Insecticides (Prohibition) Order, 2023 will come into force when it is notified. 

The  government had constituted an Expert Committee on 8th July, 2013 to examine the continued use or otherwise of neo-nicotinoid insecticides registered in India. The mandate of the Committee was further expanded on 19th August, 2013, to review sixty-six insecticides which were banned or restricted or withdrawn in other countries but continue to be registered for domestic use in India. After detailed examination, the Committee submitted its report to the government on the 9th December, 2015. This report was referred to the Registration Committee and the Registration Committee,  which submitted their recommendations to the government. 

The Department issued an order dated 14th October 2016, conveying the approval for implementation of the recommendations of the Registration Committee. The said Expert Committee had recommended continuing the use of the twenty seven insecticides as specified in the schedule to this notification and the same to be reviewed after completion of the recommended studies. This was considered by Registration Committee and it submitted recommendations to the government. 

The government, after consultation with the Registration Committee and duly considering their report with regard to status of submission of recommended studies, data and safety concerns, was satisfied that the use of twenty seven insecticides as specified in the schedule to this notification are likely to involve risk to human beings or animals as to render it expedient or necessary to take immediate action. 

The government, in exercise of the powers conferred by sub-section (2) of section 27 of the Insecticides Act, 1968 (46 of 1968) had published a draft Order for Banning of Insecticides vide notification number S.O. 1512(E), dated 18th May, 2020, in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii) and invited objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of 45 days from the date on which the copies of the Official Gazette in which the said notification was published which were made available to the public. 

The copies of the said Gazette notification were made available to the public on the 18th May, 2020. The objections or suggestions received in respect of the said draft Order were referred to an Expert Committee constituted for the purpose which were duly considered by the said Expert Committee. The government, after considering the report of the Expert Committee and after consultation with the Registration Committee, set up under the Insecticides Act, 1968 (46 of 1968), is satisfied that the use of three insecticides involves health hazards and risk to human beings and animals due to non-availability of data on safety and efficacy. 

The said draft Order for Banning of Insecticides Order, 2020 was published vide notification number S.O. 1512(E), dated 18th May, 2020. It was challenged in various High Courts. 

The High court of Rajasthan had stayed the implementation of the said rules vide interim Order dated 21st July, 2020, relating to Prohibition of Insecticides till further Order in the case. Thereafter, the High Court of Rajasthan, issued direction through an Order dated 18th January, 2023, in the matter of S.B. Civil Writ Petition No. 7474/2020 filed by Narayan Singh Rathore, vacated the interim Order dated 21st July, 2020.

The Draft Order, which the government proposes to make, in exercise of the powers conferred by sub-section (2) of section 27 read with section 28 and sub-section (1) of section 36 of the Insecticides Act, 1968 , was published vide notification of the Government of India in the Ministry of Agriculture and Farmers Welfare (Department of Agriculture, Cooperation and Farmers Welfare) vide number S.O. 701(E), dated 15th February, 2023, inviting objections or suggestions from all persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which the copies of the Gazette of India containing the said notification were made available to the public. 

The copies of the said Gazette notification were made available to the public on the 15th February, 2023. The objections and suggestions received in respect of the said notification were duly considered by the government. 

Therefore, in exercise of the powers conferred by section 27 read with section 28 of the Insecticides Act, 1968 (46 of 1968), the government after considering the recommendations of the Expert Committee and in consultation with the Registration Committee made the Insecticides (Prohibition) Order, 2023. It shall come into force on the date of its publication in the Official Gazette.

It provides for prohibition of certain insecticides. All the certificates of registration granted under section 9 of the Act, stands cancelled and sale, distribution or use is prohibited of the insecticides as specified in the Schedule to this Order from the date provided under column (3(. 

The Registration Committee shall revoke the certificate of registration granted for the insecticides specified in the said Schedule. If any person who holds the certificate of registration fails to return the said certificate to the Registration Committee, referred under clause (2) of this Order, within a period of three months, appropriate action shall be taken under the provisions contained in the said Act.

The certificate of registration for the insecticides, granted under section 9 of the Act, as provided in the Schedule shall be deemed to be cancelled from the date specified under column (3) of the said Schedule.

Every State Government shall take all such steps under the provisions of the Act and the rules framed thereunder, as it considers necessary for the implementation of this Order in the State.

The Schedule of he Insecticides (Prohibition) Order, 2023 provides a "List of Prohibited Insecticides". These include 1. Dicofol, 2. Dinocap, 3. Methomyl and 4. Monocrotophos. 

It is High time Union government banned the remaining pesticides listed in the 2020 draft order which had proposed ban on 27 pesticides in the light of the recommendations of the Report of of the Expert Committee and the Registration Committee. The report found that the use of these pesticides subjects human beings, animals and environment to harmful exposures.