Three Insecticides to be prohibited in India: Central Govt issued a draft ban order

The Central Government has issued a draft order S.O. 701(E) dated 2nd Feb 2023, to prohibit three insecticides namely Dicofol, Dinocap and Methomyl for the registration, import, manufacture, formulation, transport, sale and its use completely, from the date of final publication of this order. Before this draft order becomes final, it will undergo the process of inviting objections or suggestions which may be forwarded to the Joint Secretary (Plant Protection), Ministry of Agriculture and Farmers Welfare, Department of Agriculture and Farmers Welfare, Krishi Bhawan, New Delhi-110 001 or through email at jspp-dac@gov.in.

The above said draft order has a relation to an earlier issued draft order S.O.1512(E) dated 18th May 2020, issued by Ministry of Agriculture, Govt of India to ban following 27 pesticides as result of review process started by an expert committee appointed on 8th August 2013.

The draft order of 18th May 2020 came as a surprise, for the Indian agrochemical industry, as these 27 products constitute for almost 40% of total sale of pesticides in Indian market. Not just domestically, but some of the molecules are among the biggest exports of agrochemicals from India. Considering the impact on business and other related concerns, this ban order was challenged in various High Courts of the India and Hon’ble High court of Rajasthan granted a stay to its implementation vide interim order dated 21st July 2020 till further order in the case. In effect of this, it was reported that few states as Punjab and Tamil Nadu have banned few pesticides for temporary period as permanent decision can be taken by Union Ministry.

In a recent development on 18th Jan 2023, Hon’ble High Court of Rajasthan, has issued direction through an order in Civil Writ Petition No. 7474/2020 filed by Narayan Singh Rathore, that the interim order dated 21st July 2020 has been vacated. It was speculated that vacation of order may restart the ban process and it has happened by issuance of draft ban order dated 2nd Feb 2023. We will come to know more about the impact as suggestions or objections have been invited by all people which includes natural and legal person i.e. companies.