SUO MOTTO Vs. STATE OF RAJ & ORS.

JUDGEMENT

(1.) On the basis of a news report dated April 18, 2004 published in the 1 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 Sept. 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 Dil. Some of the insecticides which are decomposable are eco-friendly. To f id out truth in the factual position the State Government 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 Handa.

(3.) This court on Sept. 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 food grains. Smt. Neena Handa filed a detailed affidavit and the thesis work done by her in relation to "impact of Pesticides on Environment-A case 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 Raisingh 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 quantity 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.