SC transfers the endosulfan case to Kerala HC for monitoring the government’s medical and palliative measures for victims : Daily Current Affairs

Date: 17/05/2023

Relevance: GS-3: Conservation, environmental pollution and degradation, environmental impact assessment.

Key Phrases: endosulfan contamination, United Nations Stockholm Convention 2011, persistent organic pollutants (POPs) compensation for victims,

Context:

The Supreme Court on May 16 transferred to Kerala High Court the responsibility of monitoring the measures taken by the State to provide medical and palliative care for victims of endosulfan contamination.
The court transferred the case to the High Court. It requested the Kerala Chief Justice to list the case before his Bench or assign any other Bench.
On August 18 last year, the top court had directed the Kasargod District Legal Services Authority to inspect the medical and palliative care facilities provided to endosulfan victims.
The order had come after victims, represented by their lawyers complained of the lack of health care infrastructure provided by the state despite the best efforts of the district administration.

What is the issue of Kerala’s Endosulfan tragedy?

Endosulfan is a pesticide that was widely sprayed in Kerala’s Kasaragod district from the mid-70s until 2011 to protect cashew, cotton, tea, and paddy crops from whiteflies.
Prolonged exposure to the chemicals in Endosulfan can have health effects such as neurotoxicity, late sexual maturity, physical deformities, and poisoning, among others.
It is also known to block the inhibitory receptors of the central nervous system, and cause mental retardation.
The Supreme Court banned the pesticide’s production and distribution in 2015 after reports of deformities, palsies, and other health complications among people.
The pesticide has been banned internationally ever since, with the United Nations Stockholm Convention 2011.

What is Endosulfan?.

Endosulfan is a semivolatile compound that has been detected in soil, sediment, and water, even in areas where it is not used. Endosulfan is degraded readily by soil microorganisms. Studies suggest that endosulfan may persist in the surface soil for weeks to months after application.
Endosulfan demonstrates a high affinity for sorption onto soil. Endosulfan may contaminate surface waters through spray drift and transport in runoff and may move to targets beyond its use area through atmospheric transport (via volatilization, transport on dust particles, or a combination).
Endosulfan has been used globally as a pesticide since the 1950s to control a variety of insects including whiteflies, aphids, leafhoppers, Colorado potato beetles, and cabbage worms.Because of its unique mode of action, it is useful in insect control; however, it can also negatively impact populations of beneficial insects.
The use of endosulfan became controversial because of its acute toxicity, potential for bioaccumulation, and role as an endocrine disruptor. It was banned by the Stockholm Convention in 2011 because of its threats to human health and the environment. Endosulfan is acutely neurotoxic to both insects and mammals, including humans.
Endosulfan inhibits calcium and magnesium which are enzymes involved in the transfer of nerve impulses system.

The SC directed compensation for victims

In 2017, the SC also directed the Kerala government to pay Rs 500 crores in three months as compensation to over 5,000 victims of the Endosulfan tragedy. Recognising Right to Health as a fundamental right under Article 21 of the Constitution, the bench had directed the state government to disburse Rs. 5 lakh as compensation to the victims, as well as ensure the provision of suitable medical facilities.
Until May 2023, only eight out of the roughly 5000+ victims had received compensation.
Earlier in a contempt petition in May 2022, a Supreme Court bench led by Justice D.Y Chandrachud rapped the state, stating that the Kerala government did “virtually nothing for five years.

What is Stockholm Convention on POPs?

It was signed in 2001 and became effective from May 2004
The purpose of the Convention is to eliminate or restrict the production and use of persistent organic pollutants (POPs) which are chemical substances that persist in the environment, bio-accumulate through the food web, and pose a risk of causing adverse effects on human health and the environment.

India and Stockholm Convention:

India had ratified the Stockholm Convention on January 13, 2006 as per Article 25(4), which enabled it to keep itself in a default "opt-out" position such that amendments in various Annexes of the convention cannot be enforced on it unless an instrument of ratification/ acceptance/ approval or accession is explicitly deposited with UN depositary.
The ratification process would enable India to access Global Environment Facility (GEF) financial resources in updating the NIP (National Implementation Plan).
In Oct 2020 the Union Cabinet approved the Ratification of seven (7) chemicals listed under the Stockholm Convention on Persistent Organic Pollutants (POPs).
The Cabinet further delegated its powers to ratify chemicals under the Stockholm Convention to Union Ministers of External Affairs (MEA) and Environment, Forest and Climate Change (MEFCC) in respect of POPs already regulated under the domestic regulations thereby streamlining the procedure.
Considering its commitment towards providing safe environment and addressing human health risks, the Ministry of Environment, Forest and Climate Change (MoEFCC) had notified the 'Regulation of Persistent Organic Pollutants Rules, on March 5, 2018 under the provisions of Environment (Protection) Act, 1986. The regulation inter alia prohibited the manufacture, trade, use, import and export seven chemicals namely
1. Chlordecone,
2. Hexabromobiphenyl,
3. Hexabromodiphenyl ether and Heptabromodiphenylether (Commercial octa-BDE),
4. Tetrabromodiphenyl ether and Pentabromodiphenyl ether (Commercial penta-BDE),
5. Pentachlorobenzene,
6. Hexabromocyclododecane, and
7. Hexachlorobutadiene,
- which were already listed as POPs under Stockholm Convention.
The Cabinet's approval for ratification of POPs demonstrates India's commitment to meet its international obligations with regard to protection of environment and human health. It also indicates the resolve of the Government to take action on POPs by implementing control measures, develop and implement action plans for unintentionally produced chemicals, develop inventories of the chemicals' stockpiles and review as well as update its National Implementation Plan (NIP).