CWP 4750 of 2013 [Hemant Goswami vs. Union of India]

PIL - Ban Identified Carcinogens

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The Writ petition is about the unrestricted commercial availability of many substances which are labelled as Group 1 (Class A) or Group 2A/2B Carcinogens (Sure-shot Cancer causing agents) by the WHO IARC (International Agency for Research on Cancer). Exposure to most of these substances/ agents (Belonging to Group 1 and 2) is absolutely avoidable and their commercial usage is unnecessary and in many cases, where it may be required, there are safer alternatives available.

While the State and the Public bears the cost of commercial use of such Carcinogens; the commercial organisations/ person promoting such carcinogens do not bear any financial or other liabilities; they only generate profit and gains at the expenses of mortality and morbidity suffered by many. The State also fails to provide good healthcare facilities and compensation to the victims who afflict cancer due to exposure to such carcinogens at some point of time in their life.

There is no reason for any trade in identified sure-shot cancer causing agents falling in Group 1 and 2A and 2B. All such identified Carcinogens should be banned to protect the fundamental rights of the Citizens. A compensatory mechanism should be evolved for the affected victims with proportional contributory/ equal liability of the organisation/ business trading in it and the State in case of continued use of any identified Carcinogens whenever it can be reasonably linked to the type of cancer suffered by a person who has any kind of exposure to such a cancer.

The Writ prays for protection of the fundamental rights of the Citizens as guaranteed under Article 14, 19 and 21 of the Constitution of India by ensuring that identified carcinogens are effectively prohibited from any form of use and an the victims are provided adequate assistance and help.

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Published In: Constitutional Law Updates, Consumer Protection Updates, Environmental Updates, Products Liability Updates, Toxic Torts Updates

Reference Info:Pleadings | Federal, Federal Circuit | India

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