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Ban toxic imports, SC tells government
Friday July 06, 2012 09:41:29 PM,
IANS
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New Delhi: The Supreme
Court Friday directed the government to ban the import of toxic
wastes which had been identified and declared hazardous under an
international convention.
The court said this while disposing a petition by the Research
Foundation for Science Technology and Natural Resources Policy.
The petition sought direction to the government to ban the import
of all hazardous/toxic wastes and the amendment of rules in
conformity with the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and Their Disposal and
Article 21, 47 and 48A of the Indian constitution.
"The central government is also directed to bring the Hazardous
Wastes (Management and Handling) Rules, in line with the Basel
convention and Articles 21, 47 and 48A of the constitution," said
an apex court bench of Justice Altamas Kabir and Justice J.
Chelameswar.
Justice Kabir rejected the contention that "without adequate
protection to the workers and public, the aforesaid rules are
violative of the fundamental rights of the citizens and are,
therefore, unconstitutional".
The plea moved through the petitioner organisation's director
Vandana Shiva also sought declaration by the court that without
adequate protection to the workers and public and without any
provision of sound environment management of disposal of
hazardous/toxic wastes, the rules were violative of the
fundamental rights.
The court noted that the basic grievance of the petitioner was
with regard to the import of toxic wastes from industrialised
countries to India, despite such wastes being hazardous to the
environment.
The petitioner challenged the decision of the environment and
forests ministry permitting import of toxic wastes under the cover
of recycling.
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