2011 INSC 0630
                             SUPREME COURT OF INDIA

                           Democratic Youth Federation of India

                                                Vs.

                                     Union of India (UOI)

                           Writ Petition (Civil) No. 213 of 2011

     (S.H.Kapadia.C.J.,K.S.Panicker Radhakrishnan and Swatanter Kumar JJ.)

                                           13.05.2011

                                             ORDER

1. This Writ Petition is moved in public interest highlighting the harmful effects
caused by the continued use of Endosulfan on human beings and on the
environment. Endosulfan is now used as a pesticide for the production of crops like
paddy, sugarcane, cotton, mango, cashew etc. Few studies have been conducted in
this area and its adverse effects on human health and environment has been
reported. Some of the studies also indicate that Endosulfan is significantly
associated with Neuro- behavioral disorders, Cognitive disorders, Hydrocephalus,
Mental Retardation, Cortical blindness, Seizure disorders, Parkinson's disease etc.
Petitioner submits that it is a serious health hazard and the Court has got an
obligation to protect human life, which is guaranteed under Article 21 of the
Constitution of India. Further, it was pointed out that its ill-effects have been
clearly felt in the State of Kerala and its use has been completely banned in that
State. We have gone through the report published by the Government of Kerala
and the photographs appearing therein are highly disturbing. Right to life,
guaranteed under Article 21 of the Constitution of India, is the most fundamental
of all human rights, and any decision affecting human life, or which may put an
individual's life at risk, must call for the most anxious scrutiny.

2. We have heard learned senior counsel Mr. Krishnan Venugopal appearing for
the Petitioner, Mr. Gopal Subramanium, Solicitor General of India and Mr. Mukul
Rohtagi, learned senior counsel appearing for the Pesticides Manufacturers &
Formulators Association of India and others.

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3. Learned Solicitor General of India referred to the various reports and the
findings recorded therein on the use of Endosulfan. After referring to those reports,
we are of considered opinion that a detailed study on all India basis needs to be
undertaken by an Expert Committee, so that its ill-effects on human health and
environment can be better addressed.

4. We, therefore, appoint a Joint Committee headed by the Director General of
ICMR and the Commissioner (Agriculture) to conduct a scientific study on the
question whether the use of Endosulfan would cause any serious health hazard to
human beings and would cause environmental pollution.

5. The Committee can also co-opt experts from the field of environment as well as
public health and also other allied areas. The Committee would submit its interim
report within eight weeks from today and also would suggest any alternative to
Endosulfan. Till the report is submitted, keeping in mind the various judgments of
this Court under Article 21 of the Constitution of India, particularly keeping in
mind the precautionary principle, we hereby pass an ad-interim order to immediate
ban the production, use and sale of Endosulfan all over India and we further direct
the statutory authorities to seize the permit given to the manufacturers of
Endosulfan till further orders.

6. Place this matter in the second week after the ensuing summer vacation.

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