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Interdisciplinary Project

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Under the Guidance of Professor : Dr.

Falaknaz Shaikh
DEPARTMENT OF LAW
UNIVERSITY OF MUMBAI
2022-2023

TOPIC FOR INTERDISCIPLINARY PROJECT


"EFFICACY AND IMPLICATION OF PESTICIDES ON HUMAN
HEALTH"

Submitted by:
STUDENT OF LL.M. GROUP VI ENVIORNMENT LAW (SEM
4)

SHABBO MUSTAK SHAIKH


Under the Guidance of Professor: Dr. FALAKNAZ SHAIKH
DEPARTMENT OF LAW
UNIVERSITY OF MUMBAI
2022-2023

Dr. FALAKNAZ SHAIKH


Research supervisor and guide,
Prof, University of Mumbai.
CERTIFICATE

Certified that this "EFFICACY AND


Dissertation entitle
IMPLICATION OF PESTICIDES ON HUMAN HEALTH"
submitted for the award of degree of L.L.M is the bona fide record of
work done by the candidate Mrs. SHABBO MUSTAK SHAIKH who
carried out the research under my supervision. Certified further that to the
best of knowledge the work reported herein does not form part of any
other thesis or Dissertation on the basis of which a diploma, fellowship,
degree or award was conferred on an earlier occasion of this or any other
candidate. Certified further that this thesis represents the independent
work of the candidate.

Place : Mumbai Dr.FalaknazShaikh

Date: 21/01/2023 Research Supervisor and Guide


DECLARATION

As required by the University Ordinance 770, I wish to state that the work
embodied in a Dissertation titled, "EFFICACY AND IMPLICATION OF
PESTICIDES ON HUMAN HEALTH", forms my own contribution to the
research work carried out under the guidance of PROF. Dr. FALAKNAZ
SHAIKH at the Department of Law, University of Mumbai. This work has
not been submitted for any other graduate or post graduate degree course of
this or any other university. However, references that have been made to
previous works of others, it has been clearly indicated as such and included
in the Bibliography.

(Signature of Candidate)
NAME: SHABBO MUSTAK SHAIKH
LL.M 2ND YEAR, SEM-IV GROUP-VI
ENVIRONMENT LAW ROLL NO.
ACKNOWLEDGEMENT

It gives me immense pleasure to acknowledge the valuable support, guidance and inspiration
received from various people, enabling a successful completion of this Dissertation. Professor
PROF. Dr. FALAKNAZ SHAIKH deserves special thanks for approving the subject of this
Dissertation and thereafter, for her continuous support as my guide and adviser, can never be
repaid by me. Her encouragement to choose a specific, unique topic, discussing the subject
matter and giving me innovative ideas to prepare this dissertation motivated me to do my best for
this dissertation. I would also like to thank my faculties and visiting faculties at Law Department
University of Mumbai, Fort, Mumbai. Without their guidance, would not have been able to
complete this project.
I would also like to thank my colleagues, family and classmates who have eased me out of many
hurdles I faced during my research and helped me in preparing this dissertation, without their
constant support, this dissertation would not have been possible. I would also extend my deep
sense of gratitude to the learned authors whose works have referred to, the Internet and Microsoft
Incorporation, without whose software, I would not have been able to present this dissertation in
a time bound manner. Last but not the least, I thank to the Almighty for his divine grace.

Signature of Candidate)
NAME: SHABBO MUSTAK SHAIKH
AP Andhra Pradesh

AIDW All India Democratic Women's Association

AIR All India Reporter

ALL Allahabad

BEAG Bombay Environmental Action Group

CWJ Civil Writ Jurisdiction (equivalent to a civil


writ
petition)

CA Civil Appeal

CPC Code of Civil Procedure, 1908

Cal Calcutta

CBI Central Bureau of Investigation

CEGAT Customs, Excise and Gold Control


Appellate
Tribunal

CILAS Committee for the Implementation of Legal Aid


Services

CLAHRO Civil Liberties and Human Rights


Organisation
Co2 carbondioxide

COCOI Co-ordinating Committee on the Oinam Issue

Cr PC Code of Criminal Procedure, 1973


CSP Concentrated solar power

D/- Dated

DB Division Bench

Del Delhi

FB Full Bench
FIR First Investigation Report

Gau Gauhati/Guwahati

Gau LR Gujrat Law Report


GDP Gross Domestic Product

Guj Gujarat

Guw Guwahati/Gauhati

HC High Court

HCLAC High Court Legal Aid Committee

IPC Indian Penal Code, 1860

ILR Indian Law Reporter

J&K Jammu and Kashmir

JT Judgements Today

Ker Kerala

KLJ Karnataka Law Journal

KLT Kerala Law Times

LAAB Legal Aid and Advice Board

LAB Legal Aid Board

LAC Legal Aid Committee

MP Madhya Pradesh

MBCWU Manipur Baptist Convention Women's Union.

MLA Member of the Legislative Assembly

MW Mega Volt
RET Renewable Energy Technologies

SRC Short Rotational Crop

NPMHR Naga People's Movement for Human Rights

OP Original petition (equivalent to a writ petition)

UN United Nation

USA United States of America

UK United Kingdom
ILR Indian Law Reporter

J&K Jammu and Kashmir

JT Judgements Today

Ker Kerala

KLJ Karnataka Law Journal

KLT Kerala Law Times

LAAB Legal Aid and Advice Board

LAB Legal Aid Board

LAC Legal Aid Committee

MP Madhya Pradesh

MBCWU Manipur Baptist Convention Women's Union.

MLA Member of the Legislative Assembly

NPMHR Naga People's Movement for Human Rights

OP Original petition (equivalent to a writ petition)


PUCL People's Union for Civil Liberties

PUDR People's Union for Democratic Rights

PUHR People's Union for Human Rights

SLP Special Leave Petition

SAL Social Action Litigation

SC Supreme Court

SCALE a weekly reporter of Supreme Court cases

SCAORA Supreme Court Advocate-on-Records


Association

SCC Supreme Court Cases

SCLAC Supreme Court Legal Aid Committee

SCR Supreme Court Reporter

SLABB State Legal Aid and Advice Board

SLR Service Law Reporter

SPARC Society for the Promotion of Area Resources


Centres

WP Writ Petition
TABLE OF CONTENTS

Particulars Page
no.

o.
Title 1

2. Declaration 2
3. Acknowledgement 3
4. Abbreviations
5. Table of Contents
6. Synopsis

CHAPTERIZATION

8.

Y
y
y
y
y
y
y
y
y
1
0.
CHAPTER IV
1. Environmental
Impact of energy
production

4.1 Impact on land

4.2 Impact on water


and marine species

4.3 gaseous and


other air emission

4.4 Impact on
human health

CHAPTER V
2. Renewable energy
as a perquisite for
the Sustainable
Development
4.1.places where
renewable energy is
deployed
4.2.Positive vs. negative
characteristic of
renewable energy
4.3 Green companies
and their impact on
renewable energy
deployment
4.4 report on
implementation of
bioenergy in India
4.5 Case laws related to
production of energy
and sustainable
development
Conclusion
BIBLIOGRAPHY
3.
WEBLIOGRAPHY
4.
Abstract

Pesticides are widely used in agricultural production to prevent or control pests,


diseases, weeds, and other plant pathogens in an effort to reduce or eliminate yield
losses and maintain high product quality. Although pesticides are developed
through very strict regulation processes to function with reasonable certainty and
minimal impact on human health and the environment, serious concerns have been
raised about health risks resulting from occupational exposure and from residues
in food and drinking water. Occupational exposure to pesticides often occurs in
the case of agricultural workers in open fields and greenhouses, workers in the
pesticide industry, and exterminators of house pests. Exposure of the general
population to pesticides occurs primarily through eating food and drinking water
contaminated with pesticide residues, whereas substantial exposure can also occur
in or around the home. Regarding the adverse effects on the environment (water,
soil and air contamination from leaching, runoff, and spray drift, as well as the
detrimental effects on wildlife, fish, plants, and other non-target organisms), many
of these effects depend on the toxicity of the pesticide, the measures taken during
its application, the dosage applied, the adsorption on soil colloids, the weather
conditions prevailing after application, and how long the pesticide persists in the
environment. Therefore, the risk assessment of the impact of pesticides either on
human health or on the environment is not an easy and particularly accurate
process because of differences in the periods and levels of exposure, the types of
pesticides used (regarding toxicity and persistence), and the environmental
characteristics of the areas where pesticides are usually applied. Also, the number
of the criteria used and the method of their implementation to assess the adverse
effects of pesticides on human health could affect risk assessment and would
possibly affect the characterization of the already approved pesticides and the
approval of the new compounds in the near future. Thus, new tools or techniques
with greater reliability than those already existing are needed to predict the
potential hazards of pesticides and thus contribute to reduction of the adverse
effects on human health and the environment. On the other hand, the
implementation of alternative cropping systems that are less dependent on
pesticides, the development of new pesticides with novel modes of action and
improved safety profiles, and the improvement of the already used pesticide
formulations towards safer formulations (e.g., microcapsule suspensions) could
reduce the adverse effects of farming and particularly the toxic effects of
pesticides. In addition, the use of appropriate and well-maintained spraying
equipment along with taking all precautions that are required in all stages of
pesticide handling could minimize human exposure to pesticides and their
potential adverse effects on the environment

Preface

Pesticides are widely used in most sectors of the agricultural production to prevent
or reduce losses by pests and thus can improve yield as well as quality of the
produce, even in terms of cosmetic appeal, which is often important to consumers.
Pesticides can also improve the nutritional value of food and sometimes its safety.
There are also many other kinds of benefits that may be attributed to pesticides,
but these benefits often go unnoticed by the general public. Thus, from this point
of view, pesticides can be considered as an economic, labor-saving, and efficient
tool of pest management with great popularity in most sectors of the agricultural
production.

Despite their popularity and extensive use, pesticides serious concerns about
health risks arising from the exposure of farmers when mixing and applying
pesticides or working in treated fields and from residues on food and in drinking
water for the general population have been raised . These activities have caused a
number of accidental poisonings, and even the routine use of pesticides can pose
major health risks to farmers both in the short and the long run and can degrade
the environment. In developing countries, farmers face great risks of exposure due
to the use of toxic chemicals that are banned or restricted in other countries,
incorrect application techniques, poorly maintained or totally inappropriate
spraying equipment, inadequate storage practices, and often the reuse of old
pesticide containers for food and water storage. Obviously, exposure to pesticides
poses a continuous health hazard, especially in the agricultural working
environment. By their very nature most pesticides show a high degree of toxicity
because they are designed to kill certain organisms and thus create some risk of
harm. Within this context, pesticide use has raised serious concerns not only of
potential effects on human health, but also about impacts on wildlife and sensitive
ecosystems. Often, pesticide applications prove counterproductive because they
kill beneficial species such as natural enemies of pests and increase the chances of
development of pest resistance to pesticides. Furthermore, many end users have
poor knowledge of the risks associated to the usAbstract

Pesticides are widely used in agricultural production to prevent or control pests,


diseases, weeds, and other plant pathogens in an effort to reduce or eliminate yield
losses and maintain high product quality. Although pesticides are developed
through very strict regulation processes to function with reasonable certainty and
minimal impact on human health and the environment, serious concerns have been
raised about health risks resulting from occupational exposure and from residues
in food and drinking water. Occupational exposure to pesticides often occurs in
the case of agricultural workers in open fields and greenhouses, workers in the
pesticide industry, and exterminators of house pests. Exposure of the general
population to pesticides occurs primarily through eating food and drinking water
contaminated with pesticide residues, whereas substantial exposure can also occur
in or around the home. Regarding the adverse effects on the environment (water,
soil and air contamination from leaching, runoff, and spray drift, as well as the
detrimental effects on wildlife, fish, plants, and other non-target organisms), many
of these effects depend on the toxicity of the pesticide, the measures taken during
its application, the dosage applied, the adsorption on soil colloids, the weather
conditions prevailing after application, and how long the pesticide persists in the
environment. Therefore, the risk assessment of the impact of pesticides either on
human health or on the environment is not an easy and particularly accurate
process because of differences in the periods and levels of exposure, the types of
pesticides used (regarding toxicity and persistence), and the environmental
characteristics of the areas where pesticides are usually applied. Also, the number
of the criteria used and the method of their implementation to assess the adverse
effects of pesticides on human health could affect risk assessment and would
possibly affect the characterization of the already approved pesticides and the
approval of the new compounds in the near future. Thus, new tools or techniques
with greater reliability than those already existing are needed to predict the
potential hazards of pesticides and thus contribute to reduction of the adverse
effects on human health and the environment. On the other hand, the
implementation of alternative cropping systems that are less dependent on
pesticides, the development of new pesticides with novel modes of action and
improved safety profiles, and the improvement of the already used pesticide
formulations towards safer formulations (e.g., microcapsule suspensions) could
reduce the adverse effects of farming and particularly the toxic effects of
pesticides. In addition, the use of appropriate and well-maintained spraying
equipment along with taking all precautions that are required in all stages of
pesticide handling could minimize human exposure to pesticides and their
potential adverse effects on the environment.

Chapter 1.Types of pesticides and its uses

Introduction

Pesticides are widely used in most sectors of the agricultural production to prevent
or reduce losses by pests and thus can improve yield as well as quality of the
produce even in terms of cosmetic appeal, which is often important to consumers.
Pesticides can also improve the nutritional value. There are also many other kinds
of benefits that may be attributed to pesticides, but these benefits often go
unnoticed by the general public. Thus, from this point of view, pesticides can be
considered as an economic, labor-saving, and efficient tool of pest management
with great popularity in most sectors of the agricultural production.

Despite their popularity and extensive use, pesticides serious concerns about
health risks arising from the exposure of farmers when mixing and applying
pesticides or working in treated fields and from residues on food and in drinking
water for the general population have been raised. These activities have caused a
number of accidental poisonings, and even the routine use of pesticides can pose
major health risks to farmers both in the short and the long run and can degrade
the environment. In developing countries, farmers face great risks of exposure due
to the use of toxic chemicals that are banned or restricted in other countries,
incorrect application techniques, poorly maintained or totally inappropriate
spraying equipment, inadequate storage practices, and often the reuse of old
pesticide containers for food and water storage. Obviously, exposure to pesticides
poses a continuous health hazard, especially in the agricultural working
environment. By their very nature most pesticides show a high degree of toxicity
because they are designed to kill certain organisms and thus create some risk of
harm. Within this context, pesticide use has raised serious concerns not only of
potential effects on human health, but also about impacts on wildlife and sensitive
ecosystems. Often, pesticide applications prove counterproductive because they
kill beneficial species such as natural enemies of pests and increase the chances of
development of pest resistance to pesticides. Furthermore, many end users have
poor knowledge of the risks associated to the use of pesticides, including the
essential role of the correct application and the necessary precautions. Even
farmers who are well aware of the harmful effects of pesticides are sometimes
unable to translate this awareness into their practices.

Although pesticides have been developed to function with reasonable certainty


and minimal risk to human health and the environment, the published results are
not always in agreement with this fact. Even though the development of toxicity
reference levels for pesticides incorporates uncertainty factors that serve to
achieve this regulatory standard, in reality, we may never know whether a
pesticide is safe under all circumstances, nor can we predict with certainty its
performance in hypothetical situations. Scientific investigation is bound by the
tools and the techniques that are available and therefore new developments
continually redefine our capabilities. Despite many studies on the fate and toxicity
of pesticides, there are research gaps causing uncertainty in the predictions of their
long-term health and environmental effects. On the basis of these contradictory
results of the literature, discussions among scientists and the public focused on the
real, predicted, and perceived risks that pesticides pose to human health (worker
exposure during pesticide use and consumer exposure to pesticide residues found
in fresh fruit, vegetables and drinking water) and the environment (water and air
contamination, toxic effects on non-target organisms) are fully justified.

The purpose of this paper is to present and discuss: (1) basic safety issues related
to pesticide registration, (2) common factors affecting exposure to pesticides, and
(3) common indicators used for the prediction of the adverse effects of pesticides
on human health and the environment as well as their reliability and accuracy in
the risk assessment of those adverse effects. It is worth mentioning that this paper
does not focus on the fate of pesticides in the environment or their adverse effects
on specific non-target organisms.

1.1 Pesticide Registration and Safety

Pesticide registration is a scientifically-based, legal, and also administrative


process, where a wide variety of effects associated with the use of a pesticide
product and its potential effect on human health and the environment is assessed.
The registration is an important step in the management of pesticides as it enables
authorities primarily to determine which pesticide products are permitted to be
used and for what purposes, and also to exercise control over quality, usage rates,
claims, labelling, packaging and advertising of pesticides, thus ensuring that the
best interest of end-users as well as the environment are well protected. In
addition, the registration process is restricted to the assumption that pesticides are
only used for their intended function and envisages proving that such use does not
promote unreasonable effects either on human health or on the environment.
Therefore, before any pesticide can be used commercially, several tests are
conducted that determine whether a pesticide has any potential to cause adverse
effects on humans and wildlife, including endangered species and other non-target
organisms, or potential to contaminate surface waters and groundwater from
leaching, runoff, and spray drift. Effects in any non-target species may translate
into ecosystem unbalance and food-web disruption that ultimately may affect
human health and edible species.

Pesticide registration is a complex process and takes considerable time, resources,


and expertise on the part of the registration authority, the pesticide manufacturing
industry, and various public interest groups. An expanding series of tests based on
improved technology is used to provide precise pesticide residue detections and
toxicological assessments in response to public concern. In addition, improved
methods for hazard predictions, novel approaches to hazard reduction measures,
and incorporation of the broadening scope of relevant scientific knowledge into
industry and government policy decisions contribute to changes and
improvements in the pesticide registration process.

The basic pathway for the registration of a pesticide is: (1) research conducted by
the manufacturer prior to its decision to pursue registration; (2) submission of data
report by the manufacturer to the registration authority; (3) review of the data by
the registration authority; and (4) a decision by the registration authority either to
register the pesticide, based on the merits of the submitted data, or to deny
registration. The decisions of the registration authority to register a pesticide
hinges on a benefit-to-risk analysis of the required data. Therefore, it is essential
that all steps in the registration process are transparent, based on sound and
published criteria and guidance documents, with full information shared with the
applicant on the outcomes of the various steps in the registration procedure. Also,
the registration authority ensures that each registered pesticide continues to meet
the highest standards of safety to protect human health and the environment as
these standards are becoming stricter over the years with regard to our ability to
evaluate the potential effects of pesticides. Within this context, older pesticides
are being reviewed to ensure that they meet current scientific and regulatory
standards. This process, called re-registration, considers the human health and
ecological effects of pesticides and results in actions to reduce risks that are of
concern. Indeed, very drastic changes have occurred in the list of legally marketed
pesticides over the last years in the EU as a result of the EU legislation on
marketed pesticides, which was enacted in 1993 (with Directive 91/414/EEC) and
lasted effectively until December 2008. During this period, approximately 704
active substances were banned, of which 26% were insecticides, 23% herbicides
and 17% fungicides. Also, EPA in USA has completed several individual
pesticide re-registration and tolerance reassessment decisions (the results of
reviews are summarized in Re-registration Eligibility Decision documents), which
improved food safety, human health and environmental protection in the United
States.

The registration process for a pesticide usually requires the manufacturer


(registrant) to conduct, analyze, and pay for many different scientific tests. These
tests define the product chemistry, risks to humans and domestic animals, the
environmental fate of the pesticide, and the impact on non-target organisms. Data
required to support an application of a registration should cover all relevant
aspects of the product during its full life-cycle. They should include the identity
and physical and chemical properties of the active ingredient and formulated
product, analytical methods, human and environmental toxicity, proposed label
and uses, safety data sheets, efficacy for the intended use as well as residues
resulting from the use of the pesticide product, container management, and waste
product disposal. Generation of such data for a single compound may take several
years and costs a great amount of money. Also, toxicological testing is conducted
under stringent guidelines, approved methodologies, and specified reporting
requirements. Exacting standards are necessary for consistency in the evaluations
of pesticide safety and also for the comparisons among chemicals. Ecological risk
assessments to determine what risks are posed by a pesticide and whether changes
to the proposed use(s) of the product are necessary to protect human health,
wildlife, and the environment. To evaluate the environmental risks of a pesticide
product, scientists of the registration authority look at all the data together.

1.2 Types of pesticides

Pesticides can be classified based on chemical classes, functional groups, mode of action,
and toxicity. The active ingredients of most pesticides are either organic (contain carbon)
or inorganic (minerals e.g. copper sulfate, ferrous sulfate, copper, lime, sulfur, etc.).
Organic pesticides are hydrophobic and more complex than those of inorganic pesticides.
Organic pesticides can be natural (produced from naturally available sources) or synthetic
(artificially produced by chemical synthesis in factories).
1.2.1 Types of pesticides based on functional group
The major types of pesticides used in agriculture, forestry, landscape, medical and
veterinary sectors are listed in Table
Active
Type of pesticide Target pests
ingredient

Insect (6-legged) pests of


Natural and agricultural, forestry, landscape,
Insecticides
synthetic medical and veterinary
importance

Mites (8-legged) pests of


Natural and agricultural, forest, landscape,
Miticides/acaricides
synthetic medical and veterinary
importance

Fungal diseases (molds,


Natural and mildews, rust) of agricultural,
Fungicides
synthetic forestry and landscape
importance

Unwanted plants (weeds) of


Natural and
Herbicides agricultural and landscape
synthetic
importance

Disrupt the growth and


Insect growth reproduction of insect pests.
Synthetic
regulators IGR are species or genus
specific.

Natural and Attract and trap male insects


Pheromones
synthetic and are often species-specific.

Plant growth Alter plants growth, e.g., induce


Synthetic
regulators or delay flowering

Natural and Algae growing on different


Algaecides
synthetic surfaces, e.g., patios
Active
Type of pesticide Target pests
ingredient

Slugs and snails of agricultural,


Natural and
Molluscicides forestry and landscape
synthetic
importance

Can be insecticides, fungicides


Biopesticides Natural
or herbicides

Microbes (mostly bacteria) of


Antimicrobials Synthetic medical and veterinary
importance

Rodents (mice, rats) in


Natural and
Rodenticides agriculture, landscape, building,
synthetic
storages and hospitals

Seeds coated with an insecticide


or fungicide or both to prevent
Treated seeds Synthetic
damage from soil insect pests
and fungus diseases

Pesticides to protect wood from


Wood preservatives Synthetic insect pests, fungus and other
diseases

Any pesticides which have been


Minimum risk Natural and proven safe for human and are
pesticides synthetic exempt from registration by any
regulatory authorities

Table 1.
Major types of pesticides used in agriculture, forestry, landscape, medical and veterinary
sectors. (adopted from: National Pesticides Information Center
at http://npic.orst.edu/ingred/ptype/index.html).

1.2.2 Types of pesticides based on chemical component


Based on chemical composition, pesticides are classified into four main groups
namely; organochlorines, organophosphorus, carbamates and pyrethrin and pyrethroids.
The chemical based classification of pesticides is rather complex. In general, modern
pesticides are organic chemicals

a. Organochlorine Pesticides
The most widely known organochlorine pesticide is dichlorodiphenyltrichloroethane, i.e.,
the insecticide DDT, the uncontrolled use of which raised many environmental and
human health issues. Dieldrin, endosulfan, heptachlor, dicofol, and methoxychlor are
some other organochlorines used as pesticides.

There are a few countries that still use DDT or plan to reintroduce it for public health
purposes. Furthermore, DDT is also used as a solution in certain solvents. It is a
ubiquitous chemical substance, and it is believed that every living organism on Earth has
a DDT body burden, mainly stored in the fat. There is also evidence that DDT and its
metabolite p,p-dichlorodiphenyldichloroethylene (DDE) may have endocrine-disrupting
potential and carcinogenic action. In utero exposure to both DDT and DDE has been
associated with neurodevelopmental effects in children. Moreover, a recent study related
DDE to hepatic lipid dysfunction in rats.

The general class of organochlorine pesticides has been associated with health effects,
such as endocrine disorders effects on embryonic development lipid metabolism and
hematological and hepatic alterations. Their carcinogenic potential is questioned, but
concerns about possible carcinogenic action should not be underestimated.
b.Organophosphorus Pesticides

Organophosphates, which were promoted as a more ecological alternative to


organochlorines include a great variety of pesticides, the most common of which is
glyphosate. This class also includes other known pesticides, such as malathion, parathion,
and dimethoate; some are known for their endocrine-disrupting potential. This class of
pesticides has been associated with effects on the function of cholinesterase enzymes
decrease in insulin secretion, disruption of normal cellular metabolism of proteins,
carbohydrates and fats and also with genotoxic effects and effects on mitochondrial
function, causing cellular oxidative stress and problems to the nervous and endocrine
systems.

Population-based studies have revealed possible relations between the exposure to


organophosphorus pesticides and serious health effects including cardiovascular diseases,
negative effects on the male reproductive system and on the nervous system, dementia,
and also a possible increased risk for non-Hodgkin’s lymphoma. Furthermore, prenatal
exposure to organophosphates has been correlated with decreased gestational duration
and neurological problems occurring in children.
Regarding glyphosate, the safety of which is the subject of an ongoing scientific
controversy, it is the most widely used herbicide in current agriculture, especially since
the introduction of glyphosate-tolerant genetically modified crops, such as certain types
of soybean and maize. Its extensive use in genetically modified soybean cultivation has
raised concerns about possible synergistic estrogenic effects due to the simultaneous
exposure to glyphosate and to the phytoestrogen “genistein,” which is a common
isoflavone present in soybeans and soybean products.

Glyphosate can display endocrine-disrupting activity, affect human erythrocytes in vitro,


and promote carcinogenicity in mouse skin. Furthermore, it is considered to cause
extreme disruption in shikimate pathway, which is a pathway found in plants and bacteria
as well as in human gut bacteria. This disruption may affect the supply of human
organism with essential amino acids. Commercial glyphosate formulations are considered
to be more toxic than the active substance alone. Glyphosate-based herbicides, such as the
well-known “Roundup,” can cause DNA damages and act as endocrine disruptors in
human cell lines and in rat testicular cells, cause damages to cultured human cutaneous
cells, and promote cell death in the testicular cells of experimental animals. There is
evidence also for their possible ability to affect cytoskeleton and intracellular transport.

A recent study examined the possible relation between glyphosate, genetically modified
crops, and health deterioration in the USA. Correlation analyses raised concerns about
possible connections between glyphosate use and various health effects and diseases, such
as hypertension, diabetes, strokes, autism, kidney failure, Parkinson’s and Alzheimer’s
diseases, and cancer. Furthermore, there are concerns about the possible ability of
glyphosate to cause gluten intolerance, a health problem associated with deficiencies in
essential trace metals, reproductive issues, and increased risk to develop non-Hodgkin’s
lymphoma.

C) Carbamate Pesticides
Carbamate pesticides, such as aldicarb, carbofuran, and ziram, are another class of
chemical pesticides that have been associated with endocrine-disrupting activity possible
reproductive disorders, and effects on cellular metabolic mechanisms and mitochondrial
function. Moreover, in vitro studies have revealed the ability of carbamate pesticides to
cau1se cytotoxic and genotoxi c effects in hamster ovarian cells and to induce apoptosis
and necrosis in human immune cells natural killer cells, and also apoptosis in T
lymphocytes.

Furthermore, it has been confirmed that carbaryl, which belongs to the category of
carbamate pesticides, can act as a ligand for the hepatic aryl hydrocarbon receptor, a
transcriptiobn factor involved in the mechanism of dioxin toxicity. There is also evidence
for the ability of carbamate pesticides to cause neurobehavioral effects, increased risk for
dementia, and non-Hodgkin’s lymphoma.

d) Other Classes of Chemical Pesticides (Pyrethrin and Pyrethroids)

Triazines, such as atrazine, simazine, and ametryn, are another class of chemical
pesticides that have been related to endocrine-disrupting effects and reproductive toxicity.
Moreover, it was found that there is a possible statistical relationship between triazine
herbicides and breast cancer incidence. Atrazine is the most known of the triazines, and it
is a very widely used herbicide that has been associated with oxidative stress, cytotoxicity
and dopaminergic effects. Furthermore, the exposure of experimental animals to atrazine
has been associated with reproductive toxicity and delays in sexual maturation.

Synthetic pyrethroids, such as fenvalerate, permethrin, and sumithrin, are considered to


be among the safer insecticides currently available for agricultural and public health
purposes. However, there is evidence for their ability to display endocrine-disrupting
activity, and to affect reproductive parameters in experimental animals including
reproductive behavior. Furthermore, a recent study related more than one pyrethroid
metabolite to DNA damages in human sperm, raising concerns about possible negative
effects on human reproductive health. It should also be mentioned that there are also
concerns about their possible ability to display developmental neurotoxicity.

Neonicotinoid pesticides, such as imidacloprid, thiacloprid, and guadipyr, are relatively


new and also the most extensively used insecticides that were promoted for their low risk
for non-target organisms. However, there is plenty of evidence to the contrary their effect
on bees is a common example. There is also evidence for possible effects on the
endocrine and reproductive systems of animals. Moreover, a recent study demonstrated
that neonicotinoids are able to increase the expression of the enzyme aromatase, which is
engaged in breast cancer and also plays an important role during developmental periods.

1.2.3 Types of pesticides based on mode of function

 Systemic: Systemic insecticides are chemicals that can move through the vascular systems of
plants and poison insects that feed on them, regardless of where they are applied. The insecticide
travels to the outside portions of the plant after entering the roots, such as leaves, fruits, twigs,
and branches. Methyl demeton, Phosphamidon, and Acephate are examples.
 Ingested: Rats and roaches are instances of insecticides that have been swallowed.
 Contact: Its main aim is to kill insects when used on a single target. Because they must strike the
insect directly, most domestic insect sprays work like contact insecticides. These pesticides can
enter the insect’s body through the spiracles and trachea, as well as through the cuticle itself. As
a result, these toxins can kill insects just by coming into contact with their bodies. DDT and
HCH, for example. Insecticides applied to the leaves and other portions of plants, when
swallowed, operate on the insect’s digestive system, killing it. Calcium arsenate, for example, or
lead arsenate.
 Fumigants: At normal temperatures, a fumigant is a chemical substance that is both volatile and
hazardous to insects. Fumigation is the process of exposing infested material to noxious fumes or
vapours of chemicals or gases with insecticidal properties. The term “fumigant chamber” or
“fumigatorium” refers to the fumigant chemical and a tightly sealed container or room. Mostly
through spiracles in the trachea, fumigants enter the insect’s body. The most regularly used
fumigants are aluminium phosphide, Ethylene Dichloride Carbon Tetrachloride and Dibromated
ethylene (EDB).
 Non-systemic insecticides: Non-systemic insecticides are those that do not have systemic
activity. Trans laminar insecticides are what they’re termed. Malathion, Diazinon, Spinosad, and
other pesticides are examples. It should have a strong pesticidal activity intrinsically. The
toxicant or its metabolites must be stable for a long enough time to have a residual effect.
1.2.4 Types of pesticides based on toxicity
Based on toxicity, it is classified into four types:

 Extremely toxic – Colour: red, symbol: skull and poison, oral LD50: 1-50
 Moderately toxic – Colour: blue, symbol: danger, oral LD50: 501 – 5000
 Highly toxic – Colour: yellow, symbol: poison, oral LD50: 51 – 500
 Less toxic – Colour: green, symbol: caution, oral LD50: >5000

1.3 Uses of pesticides

Pesticides are used to control various pests and disease carriers, such as
mosquitoes, ticks, rats and mice. Pesticides are used in agriculture to control weeds,
insect infestation and diseases.

There are many different types of pesticides; each is meant to be effective against
specific pests. Some examples include:

 Algaecides to kill and/or slowing the growth of algae.


 Antimicrobials to control germs and microbes such as bacteria and viruses.
 Disinfectants to control germs and microbes such as bacteria and viruses.
 Fungicides to control fungal problems like molds, mildew, and rust.
 Herbicides to kill or inhibit the growth of unwanted plants, also known as
weeds.
 Insecticides to control insects.
 Insect Growth Regulators to disrupt the growth and reproduction of insects.
 Rodenticides to kills rodents like mice, rats, and gophers.
 Wood Preservatives to make wood resistant to insects, fungus and other
pests.

1.3.1 Significant Public Health Problems that are Caused by Pests and pesticides
to kill pests

a. Vector-Borne Diseases
Infectious diseases such as West Nile virus, Lyme disease, and rabies can be
carried and spread by vector (disease-carrying) species such as mosquitoes, ticks,
and rodents. EPA registers several pesticide products, including repellents, that may
be used to control the vectors that spread these diseases. View information about
transmission of the Zika virus in the United States and other locations.

b. Asthma and Allergies


Indoor household pests such as cockroaches can contribute to asthma and allergies.
In addition to registering products to control these pests, EPA also provides
information to the public about safely using these products in homes and schools.

c. Microbial Contamination
Various microorganisms, including bacteria, viruses, and protozoans, can cause
microbial contamination in hospitals, public health clinics, and food processing
facilities. EPA registers antimicrobial products intended to control these
microorganisms and help prevent the spread of numerous diseases.
d. Avian Flu
Avian flu, sometimes called bird flu, is an infection that occurs naturally and chiefly in
birds. Infections with these viruses can occur in humans, but the risk is generally low
for most people. EPA works to register and make available antimicrobial pesticide
products (sanitizers or disinfectants) that may be used to kill avian influenza virus on
inanimate surfaces and to help prevent the spread of avian flu viruses. These
products are typically used by the poultry industry to disinfect their facilities.

e. Prions
Certain proteins found in cells of the central nervous system of humans and animals
may exist in abnormal, infectious forms called "prions." Prions share many
characteristics of viruses, and may cause fatal diseases. In 2004, EPA determined
that prions are considered to be a pest under FIFRA (PDF), and that products used
to control prions are subject to EPA regulation.

f. Anthrax
Biological agents such as Bacillus anthracis spores can cause a threat to public
health and national security. EPA has the authority to issue emergency exemptions
for pesticides for use in anthrax spore decontamination efforts.

1.3.2 Usage of pesticides in agriculture

Pesticides are indispensable in agricultural production. They have been used by farmers to
control weeds and insects, and their remarkable increases in agricultural products have been
reported. The increase in the world’s population in the 20th century could not have been possible
without a parallel increase in food production. About one-third of agricultural products are
produced depending on the application of pesticides. Without the use of pesticides, there would
be a 78% loss of fruit production, a 54% loss of vegetable production, and a 32% loss of cereal
production. Therefore, pesticides play a critical role in reducing diseases and increasing crop
yields worldwide. Thus, it is essential to discuss the agricultural development process; the
historical perspective, types and specific uses of pesticides; and pesticide behavior, its
contamination, and adverse effects on the natural environment. The review study indicates that
agricultural development has a long history in many places around the world. The history of
pesticide use can be divided into three periods of time. Pesticides are classified by different
classification terms such as chemical classes, functional groups, modes of action, and toxicity.
Pesticides are used to kill pests and control weeds using chemical ingredients; hence, they can
also be toxic to other organisms, including birds, fish, beneficial insects, and non-target plants, as
well as air, water, soil, and crops. Moreover, pesticide contamination moves away from the target
plants, resulting in environmental pollution. Such chemical residues impact human health
through environmental and food contamination. In addition, climate change-related factors also
impact on pesticide application and result in increased pesticide usage and pesticide pollution.
Therefore, this review will provide the scientific information necessary for pesticide application
and management in the future. It is generally accepted that pesticides play an important role in
agricultural development because they can reduce the losses of agricultural products and improve
the affordable yield and quality of food . Because of the urgency to improve food production and
control insect-borne diseases, the development of pesticides increased during World War II
(1939-1945). Additionaly, from the 1940s onwards, the increased use of synthetic crop protection
chemicals permitted a further increase in food production . Moreover, worldwide pesticide
production increased at a rate of about 11% per year, from 0.2 million tons in the 1950s to more
than 5 million tons by 2000 . Three billion kilograms of pesticides are used worldwide every y,
while only 1% of total pesticides are effectively used to control insect pests on target plants. The
large amounts of remaining pesticides penetrate or reach non-target plants and environmental
media. As a consequence, pesticide contamination has polluted the environment and caused
negative impacts on human health.

1.3.3 Usage of pesticides in Indian agriculture

here are 234 pesticides registered in India. Out of these, 4 are WHO Class Ia pesticides, 15 are
WHO Class Ib pesticides and 76 are WHO Class II pesticides, together constituting 40% of the
registered pesticides in India. In terms of consumption too, the greatest volumes consumed are of
these poisons.
The following is a broad picture of the top pesticide-consuming states in India (total pesticides
consumed, in metric tonnes of technical grade material, during 2005-06 to 2009-10, as per
official data of the Directorate of Plant Protection, Quarantine and Storage, Govt of India).
Sl. No. State Total pesticides consumed
1 Uttar Pradesh 39948
2 Punjab 29235
3 Haryana 21908
4 Maharashtra 16480
5 Rajasthan 15239
6 Gujarat 13430
7 Tamil Nadu 12851
All India 210,600

Most consumed pesticides in the country (during 2005-06 to 2009-10)

Sl. No. Pesticide (Technical Grade) Quantity consumed (metric tonnes)

1 Sulphur (fungicide) 16424

2 Endosulfan (insecticide) 15537

3 Mancozeb (fungicide) 11067

4 Phorate (insecticide) 10763

5 Methyl Parathion (insecticide) 08408

6 Monocrotophos (insecticide) 08209

7 Cypermethrin (insecticide) 07309

8 Isoproturon (herbicide) 07163

9 Chlorpyrifos (insecticide) 07163

10 Malathion (insecticide) 07103

11 Carbendazim (fungicide) 06767

12 Butachlor (herbicide) 06750


13 Quinalphos (insecticide) 06329

14 Copper oxychloride 06055

15 Dichlorvos (insecticide) 05833

CARCINOGENIC PESTICIDES: INDIAN SITUATION


The following is a list of 24 pesticides registered and used in India, classified as Potential
Carcinogens by the US EPA: Acephate (C), Alachlor (B2), Atrazine (C), Benomyl
(C), Bifenthrin (C), Captan (B2), Chlorothalonil (B2), Cypermethrin (C), Dichlorvos
(C), Diclofop-Methyl (C), Dicofol (C), Mancozeb (B2), Methomyl (C), Metolachlor
(C), Oxadiazon (C), Oxyflourfen (C), Permethrin (C), Phosphamidon (C), Propiconazole
(C), Propoxur (B2), Thiodicarb (C), Thiophanate Methyl (C), Triadimefon (C), Trifluralin (C).
As can be seen, some of these are also listed in the most-consumed pesticides list in the table
above!

Chapter 2

Effect of pesticides on Human Health

Pesticides can cause short-term adverse health effects, called acute effects, as well as
chronic adverse effects that can occur months or years after exposure. Examples of acute
health effects include stinging eyes, rashes, blisters, blindness, nausea, dizziness, diarrhea
and death. Examples of known chronic effects are cancers, birth defects,reproductive
harm, immunotoxicity, neurological and developmental toxicity, and disruption of the
endocrine system.
Some people are more vulnerable than others to pesticide impacts. For example, infants
and young children are known to be more susceptible than adults to the toxic effects of
pesticides. Farm workers and pesticide applicators are also more vulnerable because they
receive greater exposures.
For more information about the effects of specific chemicals or pesticide products, see
Pesticide Action Network’s Pesticide Database. For a survey of scientific studies linking
pesticides to specific diseases, see Beyond Pesticides’ Pesticide-induced diseases
database.
2.1 Acute (Immediate) Health Effects
Immediate health effects from pesticide exposure includes irritation of the nose, throat,
and skin causing burning, stinging and itching as well as rashes and blisters. Nausea,
dizziness and diarrhea are also common. People with asthma may have very severe
reactions to some pesticides, particularly pyrethrin/pyrethroid, organophosphate and
carbamate pesticides.

In many cases, symptoms of pesticide poisoning mimic symptoms of colds or the flu.
Since pesticide-related illnesses appear similar or identical to other illnesses, pesticide
poisonings are often misdiagnosed and under-reported. Immediate symptoms may not be
severe enough to prompt an individual to seek medical attention, or a doctor might not
even think to ask about pesticide exposure. Still, seek medical attention immediately if
you think you may have been poisoned by pesticides.

The short-term acute adverse effects pesticide exposure on human health are stinging
eyes, rashes, blisters, skin irritations, blindness, nausea, dizziness, diarrhea and death.
Exposure to pesticides in agricultural work can cause serious risks to the respiratory
system causing chronic cough, dyspnea, wheezing and expectoration, decreased lung
capacity, asthma, and bronchitis. These respiratory problems were found in workers in
flower crops in Ethiopia, coffee plantations in Brazil and banana plantations in Costa
Rica. In banana farming in Rio Grande do Norte (Brazil), the use of pesticides was related
to the symptoms of burning in the throat and lungs, airway congestion, cramps, skin
peeling, diarrhea, headache, chest pain, weakness, cough and skin irritation.

In banana production region of the Ribeira Valley (Brazil), workers (majority males, low
schooling, mean age 39.6 years and 13.8 years of working time) had moderate obstructive
disorder (10.0%) and mild obstructive disorder (13.3%) with decreased FEV1 (forced
expiratory volume in 1 second) and FEV1/FVC (the ratio between forced expiratory
volume in the first second and forced vital capacity and is very important for the detection
of obstructive disorders). Similarly, exposures to mixtures (pollutants and pesticides) in
children with asthma in California were also associated with reduced lung function
measures FEV1 and FVC.
Many studies have found positive associations with pesticide exposure and children’s respiratory
and allergic effects such as asthma, wheezing, coughs, acute respiratory infections, hay fever,
rhinitis, eczema, chronic phlegm, and lung function impairments. A study of school-age children
with asthma in the agricultural community of Yakima Valley (Washington State) found that
increase in exposures to OP insecticides was related with increase in LTE4 levels which was
associated with a higher risk of asthma morbidity [13]. The neonicotinoid insecticides (e.g.
imidacloprid, nitenpyram) are nicotinic receptors agonists and their exposure cause nausea,
vomiting, muscle weakness, respiratory effects, headache, lethargy, and tachycardia.

2.2 Chronic (Long-term) Health Effects.

Chronic health effects include cancer and other tumors; brain and nervous system
damage; birth defects; infertility and other reproductive problems; and damage to the
liver, kidneys, lungs and other body organs. Chronic effects may not appear for weeks,
months or even years after exposure, making it difficult to link health impacts to
pesticides.

Pesticides have been implicated in human studies of leukemia, lymphoma and cancers of
the brain, breasts, prostate, testes and ovaries. Reproductive harm from pesticides
includes birth defects, still birth, spontaneous abortion, sterility and infertility.

Endocrine disruptors are chemicals that — often at extremely low doses —interfere with
important bodily functions by mimicking or blocking hormones (the chemical messengers
that circulate in blood and regulate many body processes including metabolism, brain
development, the sleep cycle and stress response). Some pesticides act as endocrine
disruptors and have been shown to cause serious harm to animals, including cancer,
sterility and developmental problems. Similar impacts have been associated with human
exposure to these chemicals.

2.2.1 Chronic effects of pesticide exposure

The long-term chronic adverse effects of pesticides exposure are cancers, birth defects,
reproductive harm, neurological and developmental toxicity, immunotoxicity, and
disruption of the endocrine system. The chronic effects of pesticides on human can be
categorized into three major groups; neurotoxic effects, genotoxic and carcinogenic
effects, and reproductive effects.

2.2.2 Neurotoxic effects

Neurotoxicity can be defined as any adverse effect on the central or peripheral nervous
system caused by chemical, biological or physical agents. A developing nervous system
in children (during replication, migration, differentiation, myelination of neurons, and
synapse formation) is more susceptible to neurotoxic chemicals including pesticides.
Chemicals (pesticides) can cause neuronal cell death by disruption of the cytoskeleton,
induction of oxidative stress, calcium overload, or by damaging mitochondria. Most of
the synthetic insecticides, some fungicides and herbicides, currently in use are
neurotoxicants.

Pesticide molecules are small and lipophilic in nature, and can enter from blood to brain
and then in neurons, glial cells and brain micro vessels. Pesticides can disrupt blood-brain
barrier receptors in the central nervous system which enhance chronic toxicity and affect
the receptor-mediated transcytosis. Neuronal cells are more susceptible to oxidative stress
due to their high polyunsaturated fat content in the myelin sheaths, low anti-oxidative
capabilities, enzymatic systems with transient metals that aid in the production of free
radicals, and demand for high oxygen and glucose metabolism rate.

OPs and carbamates bind to and phosphorylate/carbamalate the AChE which causes
accumulation of acetylcholine at cholinergic synapses causing overstimulation of
muscarinic and nicotinic cholinergic receptors. Neuropsychiatric disorders, such as
anxiety and depression, are observed in patients with acute and long-term poisoning from
OPs. OPs may also cause an intermediate syndrome and OP-induced delayed
polyneuropathy (OPIDP) 1-3 weeks after a single exposure. In carbamates, the AChE
inhibition is reversible and acute intoxication is generally resolved within a few hours.

The OP insecticides can disturb the function of mitochondria by inducing oxidative stress
in central nervous system through critical depletion of mitochondrial energy, the
activation of proteolytic enzymes, and DNA fragmentation leading to apoptosis. The
dysfunction of mitochondria and oxidative stress is responsible for several neurological
diseases, including Parkinson’s disease, seizure, cognitive dysfunction, attention and
memory deficits, dementia, depression, and Alzheimer’s disease. OP triggered induction
of a xanthine oxidase may play a role in cognitive impairment.

In a study, increased inhibition of cholinesterase enzyme with increased exposure to OP


insecticides was confirmed in both occupationally exposed (OE) and environmentally
exposed (EE) groups of people. The OP exposure, mainly in the EE group, was associated
with a diminished neuropsychological performance; general mental status, language,
memory, attention, executive function, praxis and psychomotricity.

Acute poisoning due to exposure to OP (particularly chlorpyrifos) was reported with


higher prevalence of peripheral polyneuropathy, and deterioration of cognitive functions
(verbal fluency, and visual and auditory memory) was observed in agricultural workers
and in inhabitants of rural agricultural areas. Exposure to OP insecticides in rural
schoolchildren was associated with a lower processing speed in children and an IQ lower
than expected for their age.

Exposure to type I pyrethroids cause tremor syndrome (behavioral arousal, aggressive


sparring, increased startle response, and fine body tremor progressing to whole-body
tremor, and prostration) while type II pyrethroids exposure cause salivation syndrome
(profuse salivation, coarse tremor progressing to choreoatetosis, and clonic seizure). The
poisoned cerebral cortex affect learning, memory, emotions, and movement. Pyrethroids
exposure has been positively associated with hearing loss in U.S. adolescents. Pyrethroids
exposure induced Tau protein malfunction which may be the mechanism underlying
cognitive impairment. Paraquat, triazine and pyrazole (herbicides) through oxidative
stress, raised influx of calcium and the stimulation of nitrogen oxide species, and
aggravated Aβ amyloidogenesis cause cognitive impairment.

Exposure to endocrine disrupting chemicals (EDCs) including many pesticides can


disrupt maternal thyroid imbalance which can result in permanent and lifelong
neurodevelopmental consequences for their children, including attention-deficit disorder,
autism spectrum disorder, and cognitive and behavioral dysfunction. Workers of fruit and
seed export companies in a rural area of Santiago exposed to methyl bromide (CH3Br, a
fumigant) had increased concentration of CH3Br in blood after application which resulted
in a higher frequency of insomnia, headaches, paresthesias, mood swings, memory loss,
and decreased concentration [14].

Parkinson’s disease (PD) is characterized by progressive degeneration of dopaminergic


neurons of the nigrostriatal pathway and the formation of alpha-synuclein (α-syn)-
containing Lewy bodies. Dieldrin (OC) is selectively toxic to dopaminergic cells, disrupts
striatal dopamine activity, and may promote α-syn aggregation while ziram
(dithiocarbamate fungicide) increases the probability of synaptic vesicle release by
dysregulation of the ubiquitin signaling system and increases excitability in both
aminergic and glutamatergic neurons leading to PD.

2.2.3 Genotoxic and carcinogenic effects

A genotoxic agent can be a physical, chemical or biological agent that can interact with
the genetic material (DNA) causing alterations, damage or ruptures, and those that
interfere with enzymatic processes of repair, genesis or polymerization of proteins
involved in chromosome segregation. These alterations could lead to impaired embryonic
development or be the initial steps in the development of cancer. Pesticides exposure can
cause genomic damage. Genetic damage caused by pesticides is broadly classified into
three classes; (i) Pre-mutagenic damage like DNA strand breaks and DNA adducts (ii)
gene mutations like insertion, deletion, inversion and translocation (iii) chromosomal
aberrations, including loss or gain of whole chromosome (aneuploidy), deletion or breaks
(clastogenicity), and chromosomal rearrangements.

Farmers exposed to pesticide mixtures in Greece had possible clastogenic (chromosome


breakage cause mutation) and aneugenic (abnormal number of chromosomes) effect of
pesticides on the genetic material. DNA methylation changes in the placenta were
significantly associated with the maternal plasma concentrations of OCs in early
pregnancy causing prenatal toxicity. OPs affect DNA methylation, induce the AChE gene
expression and activate the NMDA glutamate receptors resulting in calcium influx in the
post-synaptic neurons leading to degeneration.

Genetic damage has been reported from exposure to malathion (OP), carbofuran
(carbamate), triflumuron (Insect growth regulator), imidacloprid, acetamiprid and
thiamethoxam (neonicotinoid insecticides), pentachlorophenol (OC), Emamectin
benzoate (used in agriculture, household, and veterinary medicine), and tembotrione
(novel post-emergence herbicide) (Table 2).
Dermal LD50 (mg/Kg)
WHO
Band Signal Solid Liquid
Hazard
color word formulatio formulatio
Class
n n

Class Ia
Extremel
VERY
y Red <10 <40
TOXIC
Hazardou
s

Class Ib
Highly
Red TOXIC 10–100 40–400
Hazardou
s

Class II
Moderatel
Yello HARMFU
y 100-1000 400-4000
w L
Hazardou
s

Class III
Slightly CAUTIO
Blue >1000 >4000
Hazardou N
s

Class U Green
Products
unlikely
to present
Dermal LD50 (mg/Kg)
WHO
Band Signal Solid Liquid
Hazard
color word formulatio formulatio
Class
n n

a hazard

Table 2.
Pesticides hazard classification by FAO.
Cancer is characterized by an uncontrolled cell growth with limitless replication,
resistance to apoptosis, alteration of growth factors (GFs), resistance to chemotherapy,
metastasis and angiogenesis. Cancer develops as a result of multi-factorial complex
interactions of genetic and lifestyle factors including, diet, stress, physical and biological
agents, infections, and exposure to the hazardous chemical substances. Pesticides
exposure acts as a stimulant to cancer and chronic low-dose is considered one of the
important risk factors for the increasing cancer incidence. Table 3 presents a list of
pesticides suggesting carcinogenicity in different types of studies.
Type of To Name of Type of Refere
cancer P pesticide study nce

Non- Case
OC P,p’-DDT [15]
Hodgkin control
lymphoma
Agricultural [16]
(NHL)and P,p’-DDE
health
Hodgkin
lymphoma Case
HCH
(HL) control

Nonachlor/
trans- Blood
Mo
nonachlor Agricultural
C
hexachloroben health
zene

Case
OC Mirex
control

Chlordane Case
control
Type of To Name of Type of Refere
cancer P pesticide study nce

Case
Lindane
control

Case
OP Malathion [17]
control

Diazinon

Case
Terbufos [18]
control

Dimethoate Agricultural
[15]
chlorpyrifos health

PY Case
Permethrin [16]
R control

NP Agricultural
Pyrethrum [17]
YR health

PH Case
2,4-D [19]
E control

Epidemiolo
Mecoprop [20]
gical

CH Case
Dichlorprop [21]
L control

BN Case
Dicamba [20]
Z control

GL Case
Glyphosate [16]
Y control

Histopathol
Breast OC Pp'-DDT [22]
ogy

Histopathol
Pp'-DDD [23]
ogy

P,p′-DDE
Type of To Name of Type of Refere
cancer P pesticide study nce

Histopathol
β-HCH [24]
ogy

Heptachlor

Hexachloroben
zene

MCF-7
OP Chlorpyrifos breast [25]
cancer cells

Malathion

Case
control/MC
Terbufos [26]
F-7/MCF-
10F

Diazinon

Dimethoate

PY AutoDock
Flucythrinate [27]
R Vina 1.1.1

Fluvalinate

Bifenthrin

Cyhalothrin

Cypermethrin

NE Thiacloprid
Hs578t cells [28]
O imidacloprid

PT Agricultural
Captan [29]
H health

GL Case
Glyphosate [30]
Y control

Prostate OC Pp'-DDT Case- [31]


Type of To Name of Type of Refere
cancer P pesticide study nce

Lindane control

Human
prostate
Endosulfan cancer PC3 [32]
and DU145
cell

Methyl Agricultural
OB [33]
bromide health

Prostate
OP Chlorpyrifos epithelial [34]
lines

Agricultural
Dimethoate [35]
health

Malathion Case-
[31]
Carbaryl control

Prostate
PY
λ-Cyhalothrin epithelial [34]
R
lines

Bifenthrin PC3 human [36]

Prostate
Deltamethrin [37]
cancer cell

QU Case
Dichlone [31]
I control

PC-3
IMI Prochloraz prostate [38]
cancer cells

DIC Vinclozolin

Mo
M2
V
Type of To Name of Type of Refere
cancer P pesticide study nce

CH Case
2,4-D [31]
L control

Histopathol
2,4-DB [39]
ogy

2,4,5-T

CH Histopathol
Picloram [39]
P ogy

OR Case
Cacodylic acid [31]
G control

Simazine
TRI RM1 cells [40]
Atrazine

2, 4-
Mo Case
dichlorophenol [31]
2 control
(DCP)

Mo
Dinoseb amine
D

Prostate
GL
Glyphosate epithelial [34]
Y
lines

Lung Epidemiolo
OP Diazinon [41]
cancer gical

PY Lewis lung
Cypermethrin [42]
T cancer cells

αC Agricultural
Acetochlor [43]
H health

TRI Atrazine

IM Imazethapyr Agricultural
Bladder [44]
Z imazaquin health

Hepatocell OC Pp'-DDT Serum [45]


Type of To Name of Type of Refere
cancer P pesticide study nce

ular
levels
carcinoma

Toxicologic
Pp'-DDE [46]
al

Human
liver
OC Endosulfan carcinoma [47]
cells
(HepG2)

CA Toxicologic
Carbaryl [46]
R al

BE
Fluopyram Female rat [48]
Z

BE Toxicologic
Carbendazim [46]
D al

BE Agricultural
Dicamba [49]
N health

Human
liver
αC
Acetochlor carcinoma [47]
H
cells
(HepG2)

Agricultural
Stomach TRI Atrazine [50]
health

Agricultural
Thyroid OP Malathion [51]
health

TR Agricultural
Penconazole [52]
Z health

Agricultural
TRI Atrazine [53]
health
Type of To Name of Type of Refere
cancer P pesticide study nce

Nthy-ori-3-
Amitrole [54]
1 cell

Ovarian OC Pp'-DDT Blood [55]

Pp'-DDE

β-HCH

Endosulfan

Agricultural
OP Diazinon [51]
health

BG-1
PY
λ-Cyhalothrin ovarian [56]
R
cancer cells

Cypermethrin

Cyprodinil

Mouse
HY model with
Fenhexamid [56]
D transplanted
BG-1 cells

Colorectal OC Pp'-DDE [57]

Endosulfan

Human
colorectal
OP Chlorpyrifos adenocarcin [58]
oma H508
cells

CA
Aldicarb
R

αC Agricultural
Acetochlor [51]
H health
Type of To Name of Type of Refere
cancer P pesticide study nce

Male albino
Brain OP Dichlorvos [59]
Wistar rats

Table 3.
List of Pesticides Suggesting Carcinogenicity in different types of studies.
ToP, type of pesticide; OC, organochlorine insecticide; MoC, metabolites of chlordane;
OP, organophosphate insecticide; PYT, pyrethroid insecticide; NPYT, natural pyrethroid
insecticide; PHC, phenoxy-carboxylate herbicide; CHL, chlorophenoxy herbicide; BEN,
benzoate herbicide; GLY, glycine herbicide; NEO, neonicotinoid insecticide; PHT,
phthalimide fungicide; OB, organobromine insecticide; QUI, quinone algicide; IMI,
imidazole fungicide; DIC, dicarboximide fungicide; MoV, metabolite of vinclozolin;
CHP, chlorinated pyridine herbicide; ORG, organoarsenic herbicide; TRI, triazine
herbicides; Mo2, metabolite of 2,4-D; Mod, metabolite of dinoseb dinitrophenol
herbicide; αCH, α-chloroacetamides herbicide; IMZ, imidazolinones herbicides; CAR,
carbamate insecticide/nematicide; BEZ, benzamide, pyramide fungicide; BED,
benzimidazole fungicide; TRZ, triazole fungicide; HYD, hydroxyanilides fungicides.

2.2.3.1 Non-Hodgkin lymphoma and Hodgkin lymphoma

Non-Hodgkin lymphoma (NHL) is a diverse group malignancies and its incidence has
increased worldwide. Patients with immune dysfunction are at a high risk to develop
NHL. Studies have reported an elevated risk of NHL with exposure to several classes of
pesticides. Terbufos (OP nematicide), dimethoate, malathion and chlorpyrifos (OP
insecticide), and 2,4-D and dichlorprop (chlorophenoxy herbicides) have been associated
with significant risk of developing.

2.2.3.2 Lukemia

Leukemia has been associated with occupational exposure with a higher risk in livestock
farmers and golf course superintendents. The risk of chronic myelocytic leukemia (CML)
and acute myeloblastic leukemia (AML) was found to be higher in women. Children
whose parents used garden and indoor insecticides, or whose mothers had been exposed
while pregnant had increased rates of all types of leukemia. Children living on farms and
those exposed to household pesticides have increased risk of leukemia. Association
between occupational exposure to pesticides and chronic lymphocytic leukemia (CLL)
has been reported from Spain. A nationwide study in France showed a moderate increase
in incidence of childhood AL in municipalities where viticulture is common.
3.2.3.3 Brain cancer

Brain tumors are the most common solid tumors in children and the leading cause of
cancer-related mortality during childhood. A positive association has been reported
between 2arental occupational, prenatal or residential exposure, living on a farm, mothers
living on farms, rural activity and childhood brain tumors. Increased risk for primitive
neuroectodermal tumors (PNETs) was associated with maternal exposure living on pig or
poultry farms. Exposure to pyrethroid formulations used to control mosquitoes and
cockroaches at home also increase the risk of brain tumors.

2.2.3.4 Breast cancer


Breast cancer is the leading cause of cancer-related deaths among women. About 650
pesticides out of the 800 used worldwide can affect the functioning of the endocrine
system and are called endocrine disrupting pesticides (EDPs). EDPs have the potential
ability to act as tumor promoters and increasing risk of breast cancer. All women
diagnosed with breast cancer between 1995 and 2005 in the city of Arica (geographic area
that received massive aerial applications of malathion in 1980) were 5.7 times more likely
to suffer from breast cancer compared to women diagnosed during the same period in the
city of Iquique, Chile [14]. Several chemical classes of insecticides, fungicides and
herbicides have been associated with breast cancer in women (Table 3).

2.2.3.5 Prostate cancer

Prostate cancer is the second most common cancer in men globally, and accounts for 7%
of all cancers. More than 95% of cases of prostate cancer are androgen-dependent. The
higher incidence of prostate cancer, at least in part, has been associated with the hormone
disrupting pesticides and consistent positive associations between prostate cancer and
pesticide exposure have been reported.

2.2.3.6. Hepatocellular carcinoma

Hepatocellular carcinoma (HCC) is the 6th most common cancer, and the 4th most
common cause of cancer-related mortality. The major risk factors include hepatitis B
virus (HBV), hepatitis C virus (HCV), alcohol, aflatoxin contaminated foods, obesity,
smoking and type 2 diabetes besides pesticides. Pesticides exposure has been associated
with increased risk of developing HCC.
2.2.4 Reproductive effects

EDCs are emerging as one of the leading risks and are recognized as serious and urgent
threats to public health. In laboratory studies, EDCs are reported to shorten gestation,
alter intrauterine growth, and disrupt metabolic programming. Prenatal exposure to EDCs
can affect fetal neurodevelopment through disruption of peroxisome proliferator activated
rceptors, mainly estrogen receptors, and thyroid hormone receptors.

Failure of testosterone production in Leydig cells leads to failure of testosterone-bound


androgen receptor-mediated gene transcription necessary for spermatogenesis. Many
studies have shown that various pesticides decrease testosterone levels. Testosterone is
required for the final stages of sperm maturation, so a decrease in intra-testicular
testosterone is likely to impair fertility. Vinclozolin (fungicide) and chlorpyrifos (OP) can
reduce testosterone production. Exposure to higher concentrations of OP and dialkyl
phosphates (metabolites of OPs), p,p’-DDE, fenvalerate and atrazine (chlorotriazine
herbicide) have been consistently associated with lower semen quality (sperm
concentration, motility, and morphology).

A study of male children from a village of cashew plantations, where endosulfan (OC,
EDC) had been aerially sprayed for more than 20 years, showed a delay in sexual
maturity and an alteration in sex hormone synthesis. Endosulfan, in exposed mothers, can
move via trans-placental route and breast feeding to children. Exposure during critical
periods of development might contribute to decline conception rates and increased
incidence of female reproductive disorders, such as altered cyclicity, endometriosis, fetal
growth retardation, and pregnancy loss.

2.3 Children are More Vulnerable to Pesticide Exposure.

Children are not simply “little adults.” Children are more vulnerable to pesticide
exposure because their organs, nervous systems and immune systems are still developing.
Children are also less able to detoxify and excrete pesticides. Exposure during certain
early development periods can cause permanent damage.
In addition to being more vulnerable to pesticide toxicity, children’s behavior and
physiology make them more likely to receive greater pesticide exposure than adults. Most
pesticide exposure occurs through the skin and children have more skin surface for their
size than adults. Children have a higher respiratory rate and so inhale airborne pesticides
at a faster rate than adults. Children also consume proportionately more food and water
— and pesticide residues — than adults. With their increased contact with floors, lawns
and playgrounds, children’s behavior also increases their exposure to pesticides.

Chapter 3

Measures taken to reduce adverse effect of pesticides on human health

The need for protection against pests is a given and has its roots in antiquity, when both
organic and chemical substances were applied as pesticides. Since then, numerous
chemical pesticides have been produced, and now multinational agrochemical companies,
which mostly control global food production, apply new chemical substances with
pesticide properties and implement biotechnological advances, thus diverging from
traditional agricultural methods. Furthermore, current agricultural practices are based on
the wide use of chemical pesticides that have been associated with negative impacts on
human health, wildlife, and natural environment.

Current agriculture has to deal with important factors, such as population growth, food
security, health risks from chemical pesticides, pesticide resistance, degradation of the
natural environment, and climate change. In recent years, some new concepts regarding
agriculture and food production have appeared. A concept as such is climate-smart
agriculture that seeks solutions in the new context of climate change. Another major
ongoing controversy exists between the advocates and the opponents of genetically
engineered pesticide-resistant plants, regarding not only their safety but also their impact
on pesticide use.

Furthermore, the real-life chronic exposure to mixture of pesticides with possible additive
or synergistic effects requires an in depth research. The underlying scientific uncertainty,
the exposure of vulnerable groups and the fact that there are numerous possible mixtures
reveal the real complex character of the problem. The combination of substances with
probably carcinogenic or endocrine-disrupting effects may produce unknown adverse
health effects. Therefore, the determination of “safe” levels of exposure to single
pesticides may underestimate the real health effects, ignoring also the chronic exposure to
multiple chemical substances.
Taking into consideration the health and environmental effects of chemical pesticides, it
is clear that the need for a new concept in agriculture is urgent. This new concept must be
based on a drastic reduction in the application of chemical pesticides, and can result in
health, environmental, and economic benefits as it is also envisaged in European
Common Agricultural Policy (CAP).

Urgent Need toward Cleaner and Safer Agricultural Practices

Current agricultural practices include the wide production and extensive use of chemicals
known for their ability to cause negative health effects in humans and wildlife and to
degrade the natural environment. Therefore, an urgent strategic approach is needed for a
reduction in the use of agrochemicals and for the implementation of sustainable practices.
Furthermore, current agriculture has to implement environmentally friendlier practices
that pose fewer public health risks. Reforming agricultural practices aligned to fulfill
these criteria is a step toward the sustainability of the agricultural sector in contrast to
precision agriculture.

However, the reduction in the use of agrochemicals by applying them only when and
where they are necessary, the spatiotemporal variability of all the soil and crop factors of
a given field must be taken into consideration. This variability includes yield, field, soil,
and crop variability but also factors, such as wind damage or flooding. Technological
systems, such as geographical information systems, global positioning systems, and
various sensors, can be useful. These technological systems are developed by precision
agriculture which of course we do not endorse, but we consider that selected
technological tools can be used to decrease risks for environmental pollution and water
pollution and to enhance economic benefits stemming from the reduction in the use of
chemical products.

It should be clear that the reform into an aggregate of machine-centered procedures and
losing a human-centered character are not the desired. In contrast, the reduction in the use
of pesticides assisted by innovative technological methods we strongly believe that may
reduce the use of chemical substances or maybe it can lead to a total abandonment in
many cases, such as in the case of urban green areas. The decision of the Italian village of
Mals near the Austrian and Swiss borders to ban the use of pesticides and produce
pesticide-free foods can be considered as a pioneer example across Europe. In 2014, more
than 70% of the inhabitants of Mals who participated in a referendum voted against the
use of pesticides. This historical decision apart that is consistent with the food sovereignty
concept, which is discussed in the following section, also declares the need for
disseminating information for raising awareness of the public in order to develop
informed consents.

An innovative idea developed by the international movement “Via Campesina,” was the
democratic concept of food sovereignty that has accompanied the progress toward
sustainability for more than 20 years. It acquired a strong basis in 2007 in the African
village Nyéléni in Mali, where representatives from more than eighty countries adopted
the “Declaration of Nyéléni.” According to its principles, all the people of the world have
the right to choose their own national and local policies to eliminate poverty,
malnutrition, and hunger, to protect their traditions and also the natural environment.

The industrialization of agriculture has brought a series of problems including economic,


social, and environmental impacts that local populations cannot manage. Furthermore, the
overproduction of food, export-oriented monocultures, the demand for cheap labor, and
the other characteristics of industrialization have clearly failed to solve the problems of
hunger and malnutrition. On the contrary, inequitable food distribution, overexploitation
of land and water sources, the overuse of agrochemicals, and the degradation of the
natural environment are some of the results of the dominant agricultural model. Food
sovereignty promotes social, economic, and environmental sustainability, for instance,
through the protection of the indigenous population and the production of food for
distribution in local markets, and there is an ongoing effort for its recognition as a basic
human right .

The dominant agricultural model has increased the chemical burden on natural
environment. Moreover, international agrochemical companies absorb traditional
agricultural companies, leading to an industrialized agriculture model and leaving the
local farmers and small producers to face the consequences. In many cases, these people
are obliged to adopt environmentally unfriendly techniques to increase their production in
order to survive in the market, causing more environmental degradation. However, due to
the fact that food sovereignty does not necessarily mean pesticide-free, organic food
production, and because it does not determine pesticide use levels, for this reason,
international eco-friendly standards should be implemented. People must be free to decide
the method of production of their own food, and an important component of this decision
concerns agrochemical products. The decision of the people of Mals to reject pesticides
can be considered a step in this direction.

Effectiveness of an educational program to promote pesticide


safety among pesticide handlers of South India
Objectives
Occupational poisoning with pesticides is common in developing countries because
farmers are often under trained, illiterate and consider it impractical and expensive to use
safety equipment, especially in tropical climates. Greater benefit of education programs
on prevention can be obtained if initiated in areas having higher occurrence of poisoning.
Hence, the present study evaluated occurrence of poisoning and effectiveness of
educational interventions among pesticide handlers in areas having high occurrence of
occupational poisoning.

Methods
Two villages of Udupi district of South India were identified by spot mapping and
targeted for a public education program on safe handling of pesticides, the impact of
which was assessed using a knowledge attitude and practice (KAP) questionnaire.
Education was provided using a structured individualized training program to 74 pesticide
handlers. Three point KAP assessments were carried out at baseline, immediately after
training and after 1 month of training. Nonparametric Kruskal–Wallis tests and
Friedmann tests were used to compare scores at different time points and between groups.

Results
Occurrence of occupation related poisoning was 33% and common in three villages of the
district. The average baseline KAP score of 30.88 ± 10.33 improved after education
significantly (P < 0.001) at first follow-up 45.03 ± 9.16 and at second follow-up
42.9 ± 9.54. A decline of score between the first and second follow-up may be attributed
to decline in knowledge retention. Demographics like gender, literacy and presence of
children affected KAP score and there was no influence of geography, age or frequency
of pesticide use.

CASE LAW

Supreme Court of India


Dr. Ashok vs Union Of India & Ors on 2 May, 1997
Author: Pattanaik.
Bench: S.C. Agrawal, G.B. Pattanaik

PETITIONER:
DR. ASHOK

Vs.

RESPONDENT:
UNION OF INDIA & ORS.

DATE OF JUDGMENT: 02/05/1997


BENCH:
S.C. AGRAWAL, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:

WITH TRANSFER CASE (C) NOS.2 & 3 OF 1997 J U D G M E N T PATTANAIK. J.

On the basis of a letter by one Dr. Ashok addressed to the Chief Justice of India
indicating therein that several insecticides, colour additives, food additives are in
widespread use in this country which have already been banned in several advanced
countries as it has been found that those insecticides are carcinogenus, this Court treated
the letter as a Petition under Article 32 of the Constitution and took up the matter as a
public Interest litigation. Notices were issued to the Union of India through the Secretary.
Ministry of Environment and Forest, through the Secretary, Ministry of Agriculture,
through Secretary, Ministry of Industry & Chemicals as well as to pesticides Association
of India through its Secretary Shri H.S. Bahl and the Asbestos Cement Products
Manufacturers Association. The Annexure to the said letter contained 21 chemicals and
additives and a prayer was made that the respondents should be directed to ban forthwith
the import, production, distribution, sale and use of the listed chemicals and articles so
that the citizens will not be exposed to the hazards which the aforesaid
insecticides/additives are capable of being caused. It was alleged generally in the petition
that food. water, air, drug and cosmetic contaminataion are the general results of the
widespread use of the chemical have been banned in the united States of America and rest
are in the process of being banned. Though initially the annexure to the letter contained
only 21 items of insecticides and additives but by way of an application 19 other
chemicals were added and thus in all the prayer of the petitioner is to prevent
manufacture. production and use of 40 insecticides and/or additives. Counter-affidavits
were filed on behalf of Secretary, pesticides Association, Madras. A supplementary
affidavit was also filed on behalf of the Ministry of Environment and Forest. A further
affidavit was also filed in August 1989 by the Deputy Director General of Health Services
giving the available information on the listed chemicals as to the carsinogenicity status on
the basis of research carried out by the Indian Council of Chemical Research. It was
indicated in the said affidavit that the benefits accrued as a result of use of chemicals
should be weighed against anticipated risk and whole issue be examined in totality before
arriving at a conclusion. When the matter was heard on 24th September, 1996 this Court
observed that there has been a time lag between the filing of the affidavits and the date of
hearing of the petition and there is no material on record to indicate as to whether any
further stops have been taken with regard to the control of use of these harmful pesticides
and chemicals and whether any further study has been made in that regard. The Union of
India was, therefore, granted time to file a further detailed affidavit clarifying the entire
position. When the case was taken up for hearing on 5th November, 1996 it transpired
that no further affidavit has been filed pursuant to the earlier direction and therefore, the
Court was constrained to pass an order requiring the officers of different Ministries
involved to be present in the Court on the next date of hearing and required affidavit
should be filed. Pursuant to the aforesaid order of the Court an additional affidavit was
filed by the Under Secretary to the Government of India, Ministry of Agriculture on 18th
November, 1996 stating therein the steps taken by the Government of India in prohibiting
manufacture, import and use of certain chemicals and in permitting restricted use of
certain other chemicals and insecticides. To the aforesaid affidavit a Notification dated
26th May, 1989 was annexed as Annexure 1 which Notification indicates that the
Government of India had set up an Expert Committee with a view to review continuance
use in India of pesticides that are either banned or restricted for use in other countries. To
the said additional affidavit also annexed a Notification dated 15th May, 1990 of the
Ministry of Agriculture which Notification indicates that the Central Government after
considering the recommendations of the Expert Committee and after consultation with the
Registration Committee set up under the Insecticides Act 1968 cancelled the certificate of
Registration in respect of Aaldrin, restricted the use of Dieldrin, for Locust Control in
desert areas by plant Protection Adviser to the Government of India and restricted the use
of Ethylene Dibromide as a Fumigant for Foodgrains through Central Government, State
Government, Government Undertakings, and Government Organisation like Food
Corporation of India and Others. To the said Additional Affidavit yet another Notification
of the Ministry of Agriculture dated 20th September, 1986 was annexed as Annexure III
which Notification prohibited the manufacture, import and use of Heptachlor and
Chlordane and cancelled the Registration Certificate issued by the Registration
Committee to Various Persons. It also prohibited the use of Alderin in India and cancelled
the Registration Certificate issued under the insecticides Act. It further transpires the
Government of India, Ministry of Agriculture by Notification dated 1st January, 1996
cancelling certificate of Registration in respect of Benzene Haxachloride with effect from
1st April, 1997, being of the opinion that the manufacture and use of Benzene
haxachloride shall be phased out progressively and the production of its technical grade
by the existing manufacturers reduced to the extent of 50 per cent by 31st March, 1996 an
totally banned by 31st March, 1997. The Notification also indicated that the Certificate of
Registration in respect of Benzene Haxachloride shall be deemed to have lapsed in
respect of those registration in respect of Benzene Haxachloride shall be deemed to have
lapsed in respect of those registrants who are yet to obtain manufacture licences. On
behalf of the Ministry of Environment and Forest, the Director Ministry of Environment
also filed an Additional Affidavit indicating the steps taken by the Environment Ministry
Prohibiting import of Polychlorinated Biphenyls. Ministry of Health also filed an
additional affidavit and Ministry of Petro- chemicals also filed an affidavit. When the
case was taken up for hearing on 21st November, 1996 and these affidavits of different
Ministries were placed it was noticed that the affidavits have dealt with 21 chemicals and
additives which were listed in the original petition. But there has been no response in
respect of 19 other chemicals and insecticides referred to in the additional list. It was also
brought to the notice of the Court some Writ petitions have been filed by the
manufacturers of certain chemicals challenging the Notification of the Government
cancelling the Registration Certificate issued under the insecticides Act and Prohibiting
the Manufacture with effect from 1st April, 1997. It was stated that a consolidated
affidavit be filed by the Union of India in consultation with all the concerned Ministries
in respect of 40 chemicals so that it would be easier to deal with the problem. In response
to the aforesaid direction of the Court dated 27th November,1996 the Under Secretary to
the Government of India in the Ministry of Agriculture has filed a consolidated affidavit
dealing with 40 items of chemicals and the steps taken by the Government of India in the
Concerned Ministries either prohibiting and/or allowing restricted manufacture, use of
chemicals on a thorough study and on receipt of recommendations from the experts. On
the basis of applications by manufactures, in respect of the writ Petitions pending in
Allahabad High Court and Madras High Court orders were passed by this Court to get the
cases transferred and those transferred petitions were also heard alongwith main Writ
Petition.

Chemicals, besides food, air and water, have always been part of man's environment in
some measure. Even before the earliest civilizations or agriculture, the lightning flash
caused oxygen and nitrogen of the air to combine, producing oxides of nitrogen and the
said nitrogen dioxide eventually combined with water and oxygen to form nitrates that
significantly enriched the soil. Volcanos contributed sulphur dioxide and particulates to
the air just as fossil fuel burning power plants do today. But the total contribution of these
sources was small and the earth was thinly populated. With the rise of civilizations; the
sources of population increased day by day. Water polluted with lead from the pipes used
in the Roman distribution system is postulated to have contributed to the decline of
Rome. Miners and metal workers in the Middle Ages suffered occupational diseases from
dusts and fumes generated in their trades. As early as in 1713 Ramazzini in his book
"Diseases of Workers" has described the effects of many of these chemical pollutants on
workers. When coal was introduced as a fuel the problem of pollution became much
worse with combinations of fog and smoke in London becoming most famous. With the
recognition of the deleterious effects of chemicals, especially in the Workplace, there
began measure for the control of the release of these materials and the prevention of
occupational diseases. The concentrations of many of these materials in the atmosphere
were quit high. The scientists began research to find out the ways and means to reduce the
contents of chemical in the atmosphere so as to check the health hazards. In 1945 Warren
Cook of Switzerland published a list of the limits with abstracts of the information on
which they were based. The United states Public Health Service established drinking
water standards in 1946, Henry Smyth in 1956 reviewed the researches done in the field
and proposed the name Threshold Limit Values for limiting air concentration for the
working environment. The American conference of Governmental Industrial Hygienists
every year compiled a list after annual review indicating the deleterious effect of Several
Chemicals and pesticides on the human health and the said study is adopted by the
occupational Safety and Health Administration of the Department of Labour as a
Regulation. Until 1960 there was no legislation and it is only in 1960's the Clean Air Acts
were passed in the United states. There has been constant research on the use of
chemicals and pesticides and its effect on the human health in most of the advance
countries and the industries also spend a substantial part of the money in establishing a
research and development organisations. on the basis of experiments conducted and datas
available the use of several chemicals and pesticides have been either totally banned or
have been permitted to be used in a regulated manner depending upon the effect of such
chemicals or pesticides on the human system. In all ages men faced difficulty in
protecting their crops on the field from small animals and disease organisms. An insect, a
field mouse, the spore of a fungus. or a tiny root-eating worm is more difficult to deal
with. Since these small organisms reproduce rapidly, their total eating capacity is very
great. Small pests may also be carriers of disease, Malaria and Yellow fever, spread by
mosquitos, have killed more people than all wars. Not all insects, rodents, fungi, and soil
microorganisms are pests. Most of them do not interfere with people, and many are
directly helpful. Millions of small animals live within a single cubic meter of healthy soil.
Most are necessary to the process of decay and hence to the recycling of nutrients. Fungi,
too, are essential to the process of decay in all the world's ecosystems. pests have lived
side by side with people for thousands of years. At times pest species have bloomed and
brought disease and famine. But most of the time, natural balance has been maintained,
and humans have lived together with insects in reasonable harmony. In modern times,
people are no longer willing to accept these natural cycles. Human population is now so
large that tremendous quantities of food are needed. One way to increase crop yields is to
reduce competition from insects. Scientists studying a cabbage field in United States
found 177 different species of insects of which only 5 species were significant pests. The
agricultural system is subject to the normal checks and balances of a natural ecosystem. If
left alone, pest species are usually dept under control by their enemies. According to an
estimate insects at 10 per cent of the food crops in the United states in 1891 and at that
time very few pesticides were being used. The pest populations were controlled by insect
predators, parasites, and disease. But in the survey of 1970 it was found that the crop
losses to insects rose to 13 per cent. The question, however, whether it is on account of
chemical sprays or whether farmers would be better off if no pesticides were used at all
still remains unanswered. There is no dispute that most chemical pesticides are poisonous
to humans as well as to insects. The organophosphates which have been used extensively
in North America since 1973 are much more poisonous than the DDT which was replaced
by such organophosphates. Since mid- 1940s many thousands of people have fallen sick
or have died from severe pesticide poisoning every year. At present more than half of
these are children who are exposed to the toxic chemical through carelessness in packing
or storage. Most of the others are workers who handle these materials in the factory or on
farms. Even workers working in the factory where chemicals are manufactured bring the
pesticide dust home on their clothes and they poison the family as well. In July 1975 the
Allied chemical Company paid millions in damage suits and the plant was shut down. No
amount of compensation paid in cash could make the people healthy again. People can
avoid exposure to large doses of insecticides but it is impossible to avoid exposure to
contaminants in food, in the air and in drinking water. Scientists in their anxiety to
increase the production capacity of the soil and to prevent the food particles from various
pests and insects have invented several insecticides which has caused deleterious effect
on the human health. The broad spectrum pesticides have serious flaws. They upset
ecosystem, poison people and animal and possibly cause cancer. on the basis of continued
research in the field several other advance countries whereas in a developing country, like
India, no effective measures have been taken so far while examining the affidavits filed in
this court by different Ministries of the Government of India to find out what effective
steps have been banned in other countries particularly when its deleterious effect on the
human health is alarming, One thing is absolutely clear that in this country there has not
been much study and research on the harmful effect of several such chemicals and
pesticides. There is no coordinated organisation and the lack of coordination between
different ministries of the government who deal with different chemicals and pesticides
make the people of this country suffer. It may be true that several such insecticides and
chemicals may be required in certain contingency when epidemics like Plague and
dengue break. But that cannot be ground for allowing the industrialists to manufacturer
such commodity when it is established that the use of the commodity is grossly
detrimental to the human health. Take for example an insecticide called DDT. It acts as a
nerve poison. Paralyzing insects. It has been used to control insects which destroy food
and forage crops and to kill disease carrying insects, such as mosquitoes that carry
malaria and yellow fever and lice that carry typhus. DDT is a residual poison that retains
its effectiveness in a sprayed area for weeks, although it may persist in the area for years.
It is harmless to most plants. The chemical was first prepared by Oothmar Zeidler, a
German chemist in 1874. Its effectiveness was discovered and recognised by a Swiss
scientist Paul Hermann Muller who won the Noble prize in 1984. it was used heavily in
world War II, particularly in the mid and South-pacific theaters by spraying mosquito
infected areas prior to invasion and occupation. The spray program continued after the
war and was primarily responsible for eliminating malaria and yellow fever as major
diseases. The said chemical, however, is toxic to people and animals. it accumulates in
the bodies of animals that eat food contaminated with the substance. When dissolved in
organic solvents. DDT can be absorbed through the skin. The chemical nature of DDT is
not changed by process of metabolism, soil microorganisms or sun-light. It is dangerous
to birds, to fish and other forms of aquatic life, Because of its potential danger to human
health and its possible effect on several species its use has been totally banned in the
United States of America by the Environmental Protection Agency since 1972. Soon
thereafter the said insecticide has been banned in several other countries including
Canada, Sweden and Denmark, But so far as India is concerned. It is now being produced
only by M/s Hindustan insecticides Limited and the Director General of Health services
on getting information about the quantity required by respective States for their Public
health Programme puts it before the requirement Committee and only on the approval of
the said Committee it is manufactured and sent to different States. Thus though it has not
been fully banned but its manufacture and use has been controlled. We have taken the
illustration with respect to one of the insecticides only for the purpose of indicating that
several insecticides which have been banned in the advanced countries like America are
still being permitted to be used in this country possibly because of certain necessity.

Agriculture was the principal activity of Indians till Nineteenth Century and more than
seventy per cent population were dependent on agriculture for their livelihood. In the
twentieth Century the Country saw industrial revolution. The rural population started
migrating from villages to urban and industrial towns. but yet agriculture holds the
dominant position in Indian economy. The growing realisation of acute problem of
population explosion in India necessitated the policy makers, planners to make vigorous
efforts to optimise agricultural production. The idea of green revolution was floated and
effective steps were taken to machanise the agricultural process and to modernise it by
using fertilizers and spray in pesticides in order to achieve self sufficiency in food grains,
commercial crops and other agricultural products. It was realised that endeavor should be
made on war footing to boost agricultural production so as to fulfil the requirement of
food for our teeming millions. One of the hurdles in boosting agricultural production was
excessive loss and destruction of crops and foodgrains by insects and pests. A need was,
therefore, felt to import and manufacture insecticides and pesticides to protect crops and
plants from the damage of pests and insects. But the most dangerous crisis in the present
day modern world is that of global atmospheric pollution. The eco system has become
imbalanced by uncontrolled use. abuse and misuse of natural resources and manufacture
and use of hazardous products and chemicals resulting in endangering the very existence
of human race. The excessive use of chemicals and pesticides for optimising agricultural
production created alarming danger to health and safety of living beings in general and
agriculture workers in particular. The impact of pesticides use on global environment may
vary in magnitude and exhibits a variety of behavioural patterns and modes of action.
Pesticides affect man's ecosystem and their residues can get into the food chain. The
amount of pesticide consumed by people depends on the manner of usage of pesticides
particularly on farm crops, storage of the produce and its processing. In most of the
developed countries the use of hard pesticides on agricultural crops has been either
banned or restricted and other pest control programmes are adopted in order to maintain
eco-system. But the developing countries are still using these pesticides without caring
for side effects on environment. In recent times the Central Government has set up the
pesticides Environment pollution Advisory committee in the Ministry of Agriculture to
review from time to time the environmental repercussion and to suggest measures.
Whenever necessary. It is a fact that pesticides considered hazardous in rich countries of
the developing countries lack scientific facilities for toxicological scrutiny as also for
making proper cost assessment. It is true that different countries may have different
requirements but it is difficult and dangerous to assume that pesticides banned or
restricted in USA or other European countries will be acceptable in the Third World
countries. In India pesticides are use over the past four decades for crop protection and
control of diseases like malaria. There has been much debate over the use of pesticides at
the cost to weigh the benefits of use of pesticides and the adverse effect that is produced
on human health on account of such use of pesticides.

Right to Life enshrined in Article 21 means right to have something more than survival
and not mere existence or animal existence. It includes all those aspects of life which go
to make a man's life meaningful , complete and worth living. As has been stated by this
court in Maneka Gandhi's case (1978) 1 Supreme Court Cases 248, in the case of Board
of Trustees vs. Dilip (1993) 1 Supreme Court Cases 124 and in the case of Ramasharan
vs. Union of India 1989 Supp. (1) Supreme court Cases 251, that it would include all that
gives meaning to a man's life, for example, his tradition, culture, heritage and protection
of that heritage in its full measure. In still recent cases this Court has given liberal
interpretation to the word 'life' in Article

21. And in the case M.C. Mehta vs. Union of India & others (1987) 4 supreme Court
Cases 463 while dealing with a public Interest petition relating to Ganga Water Pollution
this Court has observed that life, public health and ecology have priority over problems of
unemployment and loss of revenue. In the United Nations Conference on the Human
Environment held at Stockholm in 1972 it was stated that the protection and improvement
of human environment is a major issue which affects the well-being of people and
economic development through out the world and it is the urgent desire of the people of
whole world and the duty of all Governments. It was also stated:-

" A point has been reached in history when we must shape our actions throughout the
world with a more prudent care for their environmental consequences. Through ignorance
or indifference we can do massive and irreversible harm to the earthly environment on
which our life and well being depend.
Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and
our posterity a better life in an environment more in keeping with human needs and
hopes. There are broad vistas for the enhancement of environmental quality and the
creation of a good life. What is needed is an enthusiastic but calm state of mind and
intense but orderly work. for the purpose of attaining freedom in the world of nature a
better environment. To defend and improve the human environment for present and future
generations has become an imperative goad for mankind a goal to be pursued together
with, and in harmony with, the established and fundamental goals of peace and of world-
wide economic and social development."

What has been stated above in relation to the environmental hazards would apply with
much greater force when it comes to health hazards. By giving an extended meaning to
expression 'life' in Article 21 this court has brought health hazards due to pollution within
it and so also the health hazards from use of harmful drugs. In the case of Vincent
Panikuriangara vs. Union of India, 1987 (2) SCC 165, on a public Interest Petition
seeking directions from this Court to ban import, manufacture, sale and distribution of
certain drugs this Court had observed 'A healthy body is the very foundation for all
human activities and in a welfare state it is the obligation of the state to ensure the
creation and the sustaining of conditions congenial to good health' . The Court in the
aforesaid case extracted a passage from the earlier judgment in Bandhua Munti Morcha
vs. Union of India 1984 (3) SCC 161, which would be profitable to extract herein:-

" It is the fundamental right of everyone in this Country, assured under the interpretation
given to Arty. 21 by this court in Farancis Mullin's case (1981) 1 SCC 608 to live with
human dignity, free from exploitation. This right to live with human dignity enshrined
in Art.21 derives its life breath from the Directive principles of State Policy and
Particularly cls. (e) and (f) of Art. 39 and Arts. 41 and 42 and at the least, therefore, it
must include protection of the health and strength of the workers, men and women, and of
the tender age of children against abuse, opportunities an facilities for children to develop
in a healthy manner and in conditions of freedom and dignity, educational facilities. just
as huamane conditions of work an maternity relief. These are the minimum requirements
which must exist in order to enable a person to live with human dignity. and no state
neither the central Government has the right to take any action which will deprive a
person of the enjoyment of these basic essentials".
It was further observed: " The branch with which we are now dealing, namely, healthy
care of citizens, is a problem with various facets. It involves an ever- changing challenge.
There appears to be, as it were, a constant competition between nature (which can be said
to be responsible for new ailments) on one side and human ingenuity engaged in research
and finding out curative processes. This being the situation, the problem has an
evershifting base. It is commonplace that what is considered to be the best medicine today
for treatment of a particular disease becomes out of date and soon goes out of the market
with discovery or invention of new drugs. Again what is considered to be incurable at any
given point of time becomes subjected to treatment and cure with new finds. There is yet
another situation which must be taken note of as human knowledge expands and marches
ahead. With the onward march of science and complexities of the living process hitherto
unknown diseases are noticed. To meet new challenges, new drugs have to be found. In
this field, therefore, change appears to be the rule."

It is necessary to examine the present problem arising out of use of pesticides and other
chemicals which on account of its adverse effects on human health has already been
banned in other advanced countries. On examining the counter-affidavits filed on behalf
of the different Ministries of the Government it appears to us that though sufficient steps
have been taken to either ban or to allow restrictive use of these insecticides but yet there
is no co-ordinated effort and different Ministries of the Government of India are involved.
It also further transpires that there has been no continuous effort to have research or to
have minimum information about the adverse effects of the use of such pesticides and
other chemicals as a result of which people at large of this country suffer to a great extent.
As it is on account of lack of capacity of the people of the country to afford good and
nutritious food. the average standard of human health is much below as compared to other
advanced countries. In addition to that it insecticides and chemicals are permitted to be
freely used in protecting the foodgrains and in increasing the agricultural production then
that will bring insarmountable hazards to all those country-men who consume those food
articles. To check these maladies what is essential for the Government of India is to have
a co-ordinated and sustained effort. In this age of computerisation and inter-linking of the
countries through internet it does not take more than a couple of minutes to gather the
necessary information in respect o f any particular insecticide or pesticide and how such
commodities have been dealt with in other advanced countries. What is really essential is
a genuine will on the part of the Administrative machinery and a conjoined effort of all
the ministries concerned. on the basis of the affidavits filed while we are satisfied that the
different measures taken by the Central Government in totally prohibiting in some other
cases are adequate step from the health hazards point of view and no further direction is
necessary to be issued in respect of the 40 items of insecticides and chemicals identified
in the petition filed. but we would direct that a Committee of Four senior officers from
the four different Ministries involved should be constituted which committee should have
deliberations atleast once in three months and take suitable measures in future in respect
of any other insecticides and chemicals which is found to be hazardous for health. Such a
Committee should be constituted by the Cabinet Secretary within two months from the
date of the order and the said Committee may take the assistance of such technical experts
as they think appropriate.

We would accordingly dispose of this Writ petition with the aforesaid observation.

In the two Transferred Cases. the notification date 1.1.1996 of the Central Government
issued in exercise of powers under sub-section (2) of section 27 of the Insecticides Act,
1968 phasing out progressively the manufacture and use of Benzene Hexachloride and
directing that the certificate of Registration in respect of Benzene Hexachloride issued to
various firms shall be deemed to have been cancelled w.e.f 1st of April, 1997, has been
challenged by the manufacturers inter alia on the ground that it is beyond the scope and
powers of the Central Government under Section 27(2) of the Insecticides Act to issue
such Notification.
It is contended by Mr.C.S. Vaidyanathan, the learned senior counsel for the petitioner -
M/S. Kanoria Chemicals and Industries Ltd. as well as MR. Jayant Das, learned senior
counsel appearing for the petitioner in the other Transferred Case that consultation with
Registration Committee being mandatory for exercise of power under Sub- Section (2)
of Section 27(2) of the Act and there being no such consultation with the Registration
Committee the issuance of the impugned Notification in purported exercise of power
under section 27 (2) of the Act is vitiated and as such is liable to be stuck down. It is
further contended that neither there has been any investigation of its own by the Central
Government nor the Central Government could have been satisfied about the insecticides
in question is likely to cause any risk which would enable the Central Government could
have been satisfied about the insecticides in question is likely to cause any risk which
would enable the Central Government to cancel the certificate of Registration and
therefore. the inpugned Notification is invalid In law since the satisfaction is based upon
non-existent material and as such the notification in question is liable to be struck down .
Lastly, it is contended that in exercise of power under sub-section (2) of section 27 the
certificate of Registration of any insecticide specified in sub-clause

(iii) of clause (e) of section 3 or any specific batch thereof can be cancelled it the Central
Government is of the opinion for reasons to be recorded in writing that the use of the said
insecticide is likely to involve such risk to human beings or animals so as to render it
expedient or necessary to take immediate action. Section 3 (e) (iii) deals with a
preparation containing any one or more of the substances specified in the Schedule., The
said power, therefore, cannot be exercised in respect to any substance specified in the
schedule which in an insecticide within the meaning of section 3(e) (i). Benzene
Hexachlordide being one of the substances in the Schedule issued under Section 3(e)(iii),
and not a preparation containing any one or more of the substances as provided in section
3(e)(iii), the Central Government had no jurisdiction to issue the impugned Notification
in purported exercise of power under section 27(2) of the Insecticides Act. In other words,
what is contended by the counsel for the petitioners these Transferred cases is the power
to prohibit or cancel the registration under section 27(2) is in respect of those preparations
containing any one or more of such substances which are specified in the Schedule and
which is consumer oriented ant the said power cannot be exercised in respect of any
substance included in the Schedule by the parliament itself. Mr. Bhat. learned Addl.
Solicitor General, on the other hand contended that in construing the provisions of the
insecticides Act the Court must adopt a construction which would effectuate the objects
of the statute instead of adopting a construction which would defeat its objects. According
to t he learned Addl. Solicitor General a statute is designed to be workable and the
interpretation thereof by a court should be to secure that object, unless crucial omission or
clear direction makes that end unattainable, as was observed by Lord Dunedin in whitney
v. Commissioners of inland Revenue (1925) 10 Tax Cas. 88.110 and was also accepted
by Craies on Statute Law as well as by Maxwell on The Interpretation of Statutes, Tenth
Edn., and bearing in mind the aforesaid principle the provisions of Section 27 of the
Insecticides Act are to be construed, According to the learned Addl. Solicitor General the
courts should lean against any construction which tends to reduce a statute to futility and
the provisions of a statute must be so construed as to make it effective and operative, on
the principle "ut res majis valeat quam periat". The learned counsel urged that it is the
court's duty to make what it can of the Statute, knowing that the Statutes are meant to be
operative and not inept and that nothing short of impossibility should allow a Court to
declare a Statute unworkable. The learned Addl. Solicitor General contends that
the Insecticides Act having been enacted to retulate the import, manufacture, sale,
transport, distribution and use of insecticides with a view to prevent any risk to human
beings or animals and the Central Government having been satisfied that the use of
Benzene Hexachloride involves great risk to the human life. and on being so satisfied
having issued the impugned Notification phasing out the manufacture of such insecticide
an completely prohibiting the same w.e.f. 1.4.1997, this court should not set aside the
Notification by interpreting the provisions of the Act which would have the effect of
frustrating the object of the legislation itself. According to the learned Addl Solicitor
General no doubt the words used in sub-section (2) of section 27 are not very clear but the
expression " as a result of its own investigation" in sub-section (2) of Section 27 does not
necessarily refer to an insecticide specified in sub-clause (iii) of Clause (e) of Section 3 as
engrafted in sub-section (1) of Section 27 and on the other hand it is wide enough to
include any insecticide under Section 3(e) including a substance specified in the Schedule
and such a construction alone would subserve the object of the Act. The learned Addl.
Solicitor General also urged that when the power under sub-section (2) of Section
27 authorises the Central Government to issue an order refusing to register the insecticide
it would obviously mean that the said power could be exercised even prior to the
registration of the insecticide in question, whereas the power under Section 27(1) can be
exercised only after an insecticide in question, whereas the power under Section 27(1) can
be exercised only after an insecticide has been registered and, therefore. Section
27(2) does not necessarily refer to section 27(1) as contended by the learned counsel
appearing for the petitioner. So far as the question of lack of consultation with the
Registration Committee is concerned, the learned Addl. Solicitor General contended that
the Notification which was issued in December 1994 itself indicates that the Central
Government had due consultation with the Registration Committee and as such it was not
necessary to have further consultation with the said Committee before issuance of
Notification on 1st of January, 1996. According to the learned Addl. Solicitor General
when Benzene Hexachloride has already been banned in several other countries in the
world because of its effect on the human life, the Central Government has totally banned
its production w.e.f. 31st of March, 1997, having decided to phase out the production
progressively and any intereference with the said order will be against the society at large.

Before examining rival contentions with regard to the power of the Central Government
under the insecticides Act to cancel Certificate of Registration it would be appropriate for
us to find out as to what is Benzene Hexachloride and what are its effect on the human
beings and the environment and to what extent it has actually been banned in other
countries.

Benzene Hexachloride (BHC) is formed by the reaction of chlorine with benzene in the
presence of light. It is also called 1, 2, 3, 4, 5, 6- HEXACHLOROCYCLOHEXANE,
namely, any one of several isometic compounds: one of these isomers is an insecticide
called Gammexane. It was first prepared in 1825 and the insecticidal properties were
identified in 1944 with the y-isomer, which is about 1,000 times more toxics than any of
the other isomers formed in the reaction. The chemical addition of chlorine to benzene
produces a mixture containing at least six of the eight possible isomers of BHC. BHC has
a faster but less protracted action upon insects. It use had declined by the 1960s because
of competition from other insecticides and its effects on fishes. (See - The New
Encyclopaedia Britannica - Volume 2, Page - 115).

Benzene Hexachloride, otherwise known as BHC is an insecticide specified in the


Schedule to the insecticide Act, 1968 and is different from its formulations which would
also be an insecticide within the meaning of Section 3(e)(iii) of the said Insecticides Act.
BHC is not used as such by farmer or consumer though its different formulations or
preparations containing different concentrations of BHC are use in agricultural pest
control, crop protection operation as well as in public health for control of diseases like
malaria, dengu and plague. In the Tripathi Committee Report which was constituted to
review the continued use of DDT and BHC in the country in the light of their hazard to
human health and environment pursuant to the earlier observations of the Banerjee
Committee Report in 1986, it has been stated as follows:

1. In a large number of countries the use of BHC has been banned/withdrawn or severely
restricted mainly due to bioaccumulation of residue and its associated environmental
hazards.
2. BHC is bioeffective against pest complex of rice, sugarcane, sorghum and pigeonpea.
Its dust has also been proved bioeffective for locust control.
3. It still continues to be effective in controlling vectors of malaria.
4. The residue of BHC in soil of USA persists as long as ten years. However, in other
comparative studies between 1977 and 1988 the residue has been decreased from 5.64
ppm to 0.06 ppm against studies of Indian soils has shown a half life of only 4 months.
5. Residues of BHC in water were found in a range of 1.07 to 81.23 mg/litre, in studies
conducted during 1985 to 1987. Ganga water was reported to be contaminated with BHC
residue in the range of 2.5 to 639 nanogram per litre during 1986 to 1989k.
6. Reported quantum of 17.66 to 40.90 ppm of residues in rice is highest and for potatoes
the quantities were below tolerance limit. It is low in rabi crops and nil in sugarcane.
7. Residue of BHC in Indian Vegetable found to be higher than permissible limit as per
PFA (8.0) PPM)
8. The residue of BHC in vegetable oils and oilseeds ranged between 0.2 to 6.2 ppm,
which showed a declining trend.
9. Milk and milk products are contaminated with residues of BHC.
10. Meat, chicken, fish and egg are also contaminated with BHC residue.
11. There are reports of accumulation of BHC residues in human adipose tissue and
blood.
12. Animal feed as well as animal products do contain BHC residues and there is an
increasing trend.
13. Sub-chronic and long term toxicity studies show storage of BHC in body tissues and
steroidiogenic inhibition.
14. Studies on reproduction indicates its effect on reproduction leading to impaired
reproductive function.
15. In some studies BHC is found to be mutagenic.
16. BHC has been shown to be carcinogenic to mice and rats in one study and in mice in
another two studies. But it has been shown not to be carcinogenic to rats and hamstars in
one study. BHC has been classified by IARC into Group 2 B i.e. probable carcinogenic to
human.
17. BHC has been shown to produce immunological changes.
18. In human studies accidental long term dietary exposure of BHC resulted in epidemic
of porphyria, hyper pigmentation and neurotoxicity.

Thus, though it is of great use in control of malaria but its adverse effect on human health
is no less particularly when it has already shown to be caioinogenic to mice and rats and
even scientists are of the opinion that it is probable carcinogenic to human beings. The
Certificate of Registration granted in favour of petitioners which are available on record
indicates that is was for formulation namely BHC 10% DP, BHC 50% WP as well as
BHC technical. Coming to the question of power of the Central Government under
the Insecticides Act and rival contention of the parties in this Court as noticed earlier, it
would be appropriate for us to notice some of the provisions of the Act.

Section 3(e) defines 'insecticide' to mean that: 3(e): " insecticide" means :-
(i) any substance specified in the schedule : or

(ii) such other substances (including fungicides and weedicides) as the Central
Government may, after consultation with the Board. by notification in the official
Gazette. include in the Schedule from time to time; or

(iii) any preparation containing any one or more of such substances;

Section 4 contemplates constitution of a Board called Central Insecticides Board whose


duty is to advise the Central Government and the State Government on technical matters
arising out of the administration of the Act as well as to carry out the other functions
assigned to the Board under the Act, Section 5 stipulates constitution of a Registration
Committee which Committee is empowered to regulate its own procedure for conduct of
business to be transacted by it. Section 9 provides for registration of insecticides. Under
sub-section (1) of section 9 a person desirous of importing or manufacturing any
insecticide is required to make an application to the Registration Committee for the
Registration of such insecticide. Under sub-section (1) of section 9 a person desirous of
importing or manufacturing any insecticide is required to make an application to the
Registration Committee for the registration of such insecticide. Under sub-section (3) of
Section 9 the Registration Committee is required to hold such enquiry as it deems fit and
on being satisfied about the efficacy and safety of the insecticide to human beings and
animals register the same. Second proviso to sub-

section (3) of section 9 confers power on the Committee to refuse to register the
insecticide. Section 10 provides for an appeal against the decision of the Registration
Committee to the Central Government against non-registration. Section 11 is the sub
moto power of the Central Government in exercise of which power the Government can
call for the record of the Registration Committee in respect of any case for the purpose of
satisfying itself as to the legality or propriety of the of the decision.

Section 13 is the power to grant licence and any person desirous of manufacturing or
selling or exhibiting for sale or distributing any insecticide is bound to have a licence
under Section 13. Section 14 is the power of the licensing officer to revoke. suspend or
amend the licence issued under Section

13. Section 17 is the prohibition for import as well as manufacture of certain


insecticides. Section 26 is the power of the state Government to require any person or
class of persons to report occurence of poisioning through the use or handling of any
insecticide coming within his cognizance.

Section 27 the interpretation of which comes up for our consideration in the case in hand
contains the power of the Central Government in purported exercise of which the
impugned notifications have been issued. Since the same provision requires the
consideration of this Court the same is extracted hereinbelow in extenso:

27. Prohibition sale. etc. of insecticides for reasons of public safety.-(1) If on receipt of a
report under section 26 or otherwise, the Central Government or the State Government is
of opinion, for reasons to be recorded in writing, that the use of any insecticide specified
in sub-clause

(ii) of clause (e) of section 3 or any specific batch thereof is likely to involve such risk to
human beings or animals as to render it expedient or necessary to take immediate action
than that Government may, by notification in the official Gazette, prohibit the sale,
distribution or use of the insecticide or batch. In such area, to such extend and such period
(not exceeding sixty days) as may be specified in the notification pending investigation
into the matter:
Provided that where the investigation is not completed within the said period. the central
Government or the State Government, as the case my be, may extend it by such further
period or periods not exceed in thirty days in the aggregate as it may specify in alike
manner.

(2) If, as a result of its own investigation or on receipt of the report from the state
Government.

and after consultation with the Registration Committee. the Central Government, is
satisfied that the use of the said insecticide or batch is or is not likely to cause any such
risk, it may pass such order (including an order refusing to register the insecticide or
cancelling the certificate of registration, if any, granted in respect thereof), as it deems fit,
depending on the circumstances of the case."

Section 36 is the rule making power of the Central Government.

An examination of the aforesaid provisions of the Act indicates that before registering a
particular insecticide the Registration Committee is duty bound to hold such enquiry as it
deems fit for satisfying itself that the insecticide to which the application relates is safe to
human beings and animals. Coming now to the core question namely whether
under Section 27 of the Act the central Government can cancel the Certificate of
Registration in respect of an insecticide. It appears to us that under sub- section (1)
of section 27 when the Central Government or the State Government is of the opinion that
the use of any insecticide specified in sub-clause (iii) of clause (e) of section 3 or any
specific batch thereof is likely to involve risk to human beings or animals and it is
necessary to take immediate action then on recording reasons in writing the sale.
distribution or use of the insecticide or batch can be prohibited in such area. to such
extent not exceeding 60 days as may be specified in the notification pending investigation
into the matter. In other words, In respect o an insecticide within the meaning of section
3(e) ((iii) i.e. a preparation or formulation containing anyone or more of such substances
specified in the schedule. the appropriate Government can immediately by issue of
notification prohibit the sale. distribution or use of the same pending investigation. Under
the proviso to subsection (1) of section 27. if the investigation is not completed within the
period of 60 days then the prohibition in question could be extended for such further
period not exceeding 30 days in the aggregate. Under sub-section (2) if the Central
Government on the basis of its own investigation or on receipt of the report from the state
Government and after consultation with the Registration Committee is satisfied that the
use of the said insecticide or batch is or is not likely to cause any such risk then it may
pass such order as it deems fit depending upon the circumstances of the case. either
refusing to register the insecticide or cancel the Certificate of Registration. If already
granted. The use of the word said insecticide in sub-section (2) obviously refers to the
insecticide in question which was the subject matter of consideration under sub-section
(1) and in respect of which pending further investigation into the matter the Central
Government has already issued a prohibition for sale, distribution or use of the insecticide
in question. Therefore, the power of cancellation of Certificate of Registration conferred
upon the Central Government under sub-section (2) of Section 27 can be exercised only
in respect of any insecticide specified in sub-clause (iii) of clause (e) of section 3 i.e. a
preparation or formulation of one or more of the substances specified in the schedule but
the said power cannot be exercised in respect of an insecticide which is specified in the
schedule itself by the Parliament. We are unable to accept the agreements advanced by
the learned Additional Solicitor General that sub-section (2) of section 27 is not restricted
to an insecticide in respect of which the Central Government has already issued a
notification prohibiting the sale. distribution or use pending investigation into the matter.
The Scheme of sub-section (1) and sub-section (2) of section 27 is that in respect of a
formulation which is also an insecticide within the meaning of section 3 (e) (iii) the
Central Government for reasons to be recorded in writing and pending investigation into
the matter can immediately prohibit sale. distribution or use and after further investigation
can cancel the Certificate of Registration in respect thereof under sub-section (2)
of Section 27. That being the position in exercise of such power under sub- section (2)
of section 27 a certificate of Registration in respect of an insecticide under sub-section
3(e) (i) cannot be cancelled under sub-section (2) of section 27. This is also in consonance
with the logic that an insecticide which is the formulation of any one or more of the
substances specified in the schedule and is consumer oriented power of cancellation of
registration certainly has been conferred upon the central Government but in respect of an
insecticide which does not come to a consumer and is a substance specified in the
schedule itself and therefore an insecticide under section 3(e) (i), the power has not been
conferred upon the Central Government since the specified substance in the schedule has
been specified by the Parliament itself. In view of the aforesaid conclusion of ours we
would hold that those of the Certificates of Registration granted to the petitioner in
respect of any formulations namely BHC 10% WP, the order of the Central Government
cancelling Certificate of Registration is well within the jurisdiction and there is no legal
infirmity in the same. But in respect of Benzene Hexachloride which is one of the
substances specified in the schedule and as such is an insecticide within the meaning
of section 3 (e)(i) there is no power with the Central Government under sub- section (2)
of section 27 to cancel the Certificate of Registration.

So far as the contention of Mr. Vaidyanathan, the learned senior counsel appearing for the
petitioners in the transferred case that consultation with the Registration committee is a
pre-condition for exercise of power under sub-section (2) and such consultation being not
there. the issuance of notification is bad we are of the considered opinion that
undoubtedly before the power under sub-section (2) of section 27 can be exercised the
central Government is duty bound to have consultation with the Registration Committee.
But in the case in hand having examined the counter-affidavits filed on behalf of the
different Ministries of the Central Government that there has been due and substantial
consultation with the Registration Committee which is apparent in the notification of
December 1994 itself. and since then there has been further study into the matter and
committees of experts have been constituted who have gone into the matter and on the
basis of the reports submitted by such expert committee ultimately the Central
Government has taken the final decision. It is not possible for us to hold that there has
been no consultation with the Registration Committee before exercising of power under
sub- section (2) of section 27. Contention of Mr. Vaidyanathan. the learned senior counsel
on this score. therefor, must be rejected. Before we part with this case. and having
examined the different provisions of the Insecticides Act. 1968 we find that once a
substance is specified in the schedule as contemplated under Section 3(e)(i) then there is
no power for cancelling the registration certificate issued in respect of the same substance
even if on scientific study it appears that the substance in question is grossly detrimental
to the human health. This is a lacuna in the legislation itself. and therefore, steps should
be taken for appropriate amendment to the legislation. In the net result, therefore, writ
petition is disposed of with the observations made earlier and the transferred cases are
allowed to the extent indicated above. There will be no order as to costs.

Conclusion

Pesticides are used in managing pests of agricultural and public health importance, and
their use will continue in future because of food security and vector control. Additionally,
pesticides are used at home in fumigation for structural pests and to mitigate household
pest using aerosols or sprays. It is difficult to eliminate pesticides in the near future, but
they should be used with care and caution. Most pesticides are potentially toxic to human
beings resulting in severe health consequences including cancers.

Epidemiological evidence suggests that there is an increased incidence of different


diseases including leukemia, lymphoma, and several other types of cancers in farmers,
and those who are associated with application of pesticides. There is also evidence that
parental exposure, as well as, exposure in early life or adolescence could increase the
longer-term risks.

Since animal studies are problematic, expensive and often generate ethical problems, cell
cultures are increasingly used as a model of research. Correctly conducted and properly
selected, the cell culture is an excellent experimental model reflecting human exposure to
different xenobiotics through all relevant routes. The cell cultures are also becoming more
widely used to study the effect of pesticides on the human body at a molecular level,
which is necessary to understand the hazards and determine the level of exposure.

Some pesticides (OCs) are no longer used worldwide due to their persistence and toxicity.
However, their residues or metabolites are still found in food and water samples. The use
of OPs and carbamate insecticides has been reduced since the arrival of newer chemistries
in different parts of the world but most of them are still use around the world.

The workplace safety standards and proper pesticide management and storage must be
implemented to reduce the risks posed to human health. Pesticide users should be aware
of their risks and proper handling, as well as must use personal protective equipment
which are effective in reducing damage to human health. To ensure healthy childhood
growth, efforts should be made to develop comprehensive pesticides risk mitigation
strategies and interventions to reduce children’s exposure.

It is critical to achieve sustainable development in agricultural systems. Newer


approaches in pest management have been developed which should be encouraged. For
example, RNA interference- (RNAi-) based pesticides are emerging as a promising new
biorational control strategy [61] and steam treatment at temperature of 150.56°C can kill
93.99% of nematode 97.49% of bacteria [62].

Future research need in the context of minimizing the impact on human health due to
exposure to pesticides include an urgent need to eliminate the use of carcinogenic
pesticides and to develop environmentally sound integrated pest management (IPM)
strategies that use the minimum amount of pesticides. Such IPM strategies should aim at
reducing the pesticides residues on food products and pesticides-free water and air.
References

1. 1.University of Kentucky. PESTICIDE FORMULATIONS; Kentucky Pesticide Safety


Education Program [Internet]. 2020. Available
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Synopsis
TOPIC FOR INTERDISCIPLINARY PROJECT
EFFICACY AND IMPLICATION OF PESTICIDES
ON HUMAN HEALTH
NAME: SHABBO MUSTAK SHAIKH
LLM GROUP VI, ENVIORNMENT LAW SEMESTER
IV
ROLL NO.
SERIAL NO.
12TH JANUARY, 2023

Hypothesis

The researcher proposes to analyse the History of human right relation with
public interest litigation in India through the below Hypothesis: Human Rights
provisions are not implemented effectively in India. The increasing number of
cases related to violation of human rights is a threat to humanity in India.
There are no sufficient laws to curb out the current situation of violation of
human rights in India, so the law needs to be made more prevalent by
scrutinizing the history and development of human rights through legislation
and aid of litigation. The various laws in India have not appeared to be an
effective mechanism for the enforcement of human rights in India.

Research Methodology

The Researcher would like to use the Doctrinal, Historical and Comparative
Method to the study the History and Development of Human Rights. The
collection of data for this dissertation is taken from the primary and secondary
sources of information such as various statutes, treaties and covenants,
published online articles, research papers, various journals, Books, E-Books
etc. Therefore this research is mainly by a Doctrinal Research.
RESEARCH DESIGN:

The Researcher will collect the data from various from sources
in a month, and then the Researcher will sort, arrange and
compile the data chapter wise in a month's time. In another one
month's time the Researcher will type, format and make
necessary changes, do proof reading and then finalize it for
printing and binding. Thus, the Researcher proposes to complete
the research in approximately 3 months tome as per the format
prescribed by University of Mumbai

LITERATURE REVIEW:

The Researcher will take the help of Books and Commentaries


of various Authors like, Introduction to the Constitution of
India, Social change in Indian society etc.

Impacts of pesticides on our health


Pesticides are poisons and, unfortunately, they can harm more than just the
“pests” at which they are targeted. They are toxic, and exposure to
pesticides can cause a number of health effects. They are linked to a range
of serious illnesses and diseases from respiratory problems to cancer.

Exposure

Exposure to pesticides can occur in many ways. Farmers and farm workers
can be exposed to pesticides in agriculture through the treatment of crops,
plants and grain stores. Rural residents living next door to farms can be
exposed to pesticide drift. Exposure can also occur in forestry, professional
and domestic pest control, through the treatment of wood with
preservatives, the treatment of boat hulls with anti-fouling agents, and the
treatment of livestock with anti-parasitic preparations, e.g. sheep dip. In our
towns and cities we are exposed to pesticides through the spraying of
amenities, such as our parks, pavements and playgrounds. Many people
buy pesticides off the shelf for home and garden use. And finally, pesticide
residues found on, and in, our food also puts us at risk.

Should you be concerned?

Acute toxicity

Pesticides can be acutely toxic. This means that they can cause harmful or
lethal effects after a single episode of ingestion, inhalation or skin contact.
The symptoms are evident shortly after exposure or can arise within 48
hours. They can present as:

 respiratory tract irritation, sore throat and/or cough


 allergic sensitisation
 eye and skin irritation
 nausea, vomiting, diarrhoea
 headache, loss of consciousness
 extreme weakness, seizures and/or death

Chronic (or long term) toxicity

Pesticides can cause harmful effects over an extended period, usually


following repeated or continuous exposure at low levels. Low doses don’t
always cause immediate effects, but over time, they can cause very serious
illnesses.
Long term pesticide exposure has been linked to the development of
Parkinson’s disease; asthma; depression and anxiety; attention deficit and
hyperactivity disorder (ADHD); and cancer, including leukaemia and non-
Hodgkin’s lymphoma.

Conclusion

Pesticides are used in managing pests of agricultural and public health


importance, and their use will continue in future because of food security
and vector control. Additionally, pesticides are used at home in fumigation
for structural pests and to mitigate household pest using aerosols or sprays.
It is difficult to eliminate pesticides in the near future, but they should be
used with care and caution. Most pesticides are potentially toxic to human
beings resulting in severe health consequences including cancers.

Epidemiological evidence suggests that there is an increased incidence of


different diseases including leukemia, lymphoma, and several other types
of cancers in farmers, and those who are associated with application of
pesticides. There is also evidence that parental exposure, as well as,
exposure in early life or adolescence could increase the longer-term risks.

Since animal studies are problematic, expensive and often generate ethical
problems, cell cultures are increasingly used as a model of research.
Correctly conducted and properly selected, the cell culture is an excellent
experimental model reflecting human exposure to different xenobiotics
through all relevant routes. The cell cultures are also becoming more
widely used to study the effect of pesticides on the human body at a
molecular level, which is necessary to understand the hazards and
determine the level of exposure.
are still being
produced/used in the
country despite being
prohibited in two or
more
nations around the
world Goi (2021). Out of
total insecticides used
for pest man-
agement in India, 50%
are diverted to cotton
pest management
Mooventhan et al.
(2020).
Due to over
dependence and
indiscriminate use of
insecticides, many ill-
effects
including residue in
plant parts, resistance
to insecticides,
secondary pest out-
break,
pollution to natural
resources, health
complications for
human and wildlife etc.,
war-
rant to switch over to
eco-friendly pest
management methods
Birthal and Sharma
(2004). In 2017 the
Indian use is low,
compared to 19.6 kg
per ha in Saint Lucia,
16.59 in Hong Kong,
13.9 in Ecuador, 13.3 in
Taiwan and 13.07 in
China, at about
0.31 kg per ha of
pesticide. America has
reduced its use by 2.54
kg per hectare Roser
(2019) .
Pesticide usage
patterns in India differ
from those in the world
as a whole
(Figure 1). In India,
insecticides, fungicides,
and herbicides ar
1.4
Urgent Need toward Cleaner and Safer Agricultural Practi Current
agricultural practices include the wide production and extensive use of chemicals known
for their ability to cause negative health effects in humans and wildlife and to degrade
the natural environment. Therefore, an urgent strategic approach is needed for a
reduction in the use of agrochemicals and for the implementation of sustainable
practices. Furthermore, current agriculture has to implement environmentally friendlier
practices that pose fewer public health risks. Reforming agricultural practices aligned to
fulfill these criteria is a step toward the sustainability of the agricultural sector in contrast
to precision agriculture.

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