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The Supreme Court has allowed the exports of nearly 1,100 tonnes of unused endosulfan for which export orders were received. But it has reiterated its earlier order, banning the use, sale and production of the pesticide. The decision on the remaining unused endosulfan will be taken on October 10.
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The three-judge bench headed by the chief justice of India S H Kapadia, directed the manufacturers to take precaution while packaging the banned pesticide so that it can be safely exported and no contamination is caused between the packaging point and the port. It also asked the manufacturers to adhere to all the rules of the country the pesticide was being exported to. If the exported endosulfan is sent back, it would be the responsibility of the manufacturer then, the bench added.
The bench also asked the manufacturers to get a certificate of registration from the competent authority before actual export of material. Also, packaging will be guided by rule 35 of the Insecticides Act (Rules) of 1971 and will be carried out under the supervision of officers of the customs commissioner, officers of the Central Insecticides Board and an officer of the state environment ministry. Moreover, after proper packaging, the manufacturer will forward the consignment to the concerned port from where it will be exported in accordance with the Insecticides Act (Rules). Custom officers would have to check that there is no tampering with the seal put at the place of manufacturing.
The court also restored the registration of the manufacturers, which was cancelled following May 13 order which banned sale, production, manufacture and export of endosulfan. But the restoration of the registration is confined to nearly 1,100 tonnes of endosulfan for which export permission has been given.
The court will now meet on October 10, when an order on the way forward without endosulfan is likely to be given. The joint committee is supposed to give alternatives to endosulfan which can be used safely by farmers.