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Maharashtra Insecticide Amendment bill: A surprise
Maharashtra Insecticide Amendment bill: A surprise Press Release | 4th December 2023 The Maharashtra government introduced a bill in the legislative assembly on 8th August 2023, to amend Insecticide Act, 1968 in its application in the State. This is quite a surprise, given that the proposed amendment is very focused, and the problem, which it tries to address, is not new. Through this amendment, though, Government admits that misbranded or substandard pesticides are being manufactured and sold in the state. Maharashtra, through this Bill, is seeking to punish manufacture and sale of adulterated, non-standard or misbranded insecticides. The amendment simply wants punishment to be cognizable and non-bailable, Its that simple. PAN India urges Maharashtra to expand this amendment, to address other challenges as well. Pesticide Action Network (PAN) India believes that the government of Maharashtra has taken a crucial step, given that Insecticides Act, 1968 does not respond to the problems faced by farmers with regard to usage of agrochemicals. “This is a clearly acknowledgement of the challenges that are not addressed by the Insecticides Act, 1968. This acknowledgment is in addition to previous correspondence from Maharashtra and other States seeking permanent ban on certain insecticides, and that pesticide regulation needs to be strengthened”, said Dr. Narasimha Reddy, Public Policy Expert and Advisor to PAN India. Surprisingly, this Maharashtra amendment does not seek to increase fine and jail punishment, beyond the current low levels found in the Insecticides Act, 1968. Even though, Maharashtra government, in a Statement with Amendment Bill, flags this as serious issue, which is causing losses to farmers and also leaving residues, yet it does not propose to raise the fine for offence which can go up to 5 thousand rupees only and imprisonment of 6 months. Obstructing a pesticide inspector can get the offender into more trouble, than selling misbranded or spurious pesticide. This offence can lead up to a fine of 50,000 rupees and two-year imprisonment. PAN India urges government of Maharashtra to amend and increase the fine and imprisonment for the offence, which it wants to be non-bailable and cognizable. It should be at least Rs.5 lakh of fine, with 5 years of imprisonment for the first offence. Second time offence should be punished with double the fine and imprisonment. PAN India, further, urges the government of Maharashtra, to include a provision in the Amendment Bill, to compensate farmers for the losses incurred by them due to adulterated, non-standard or misbranded insecticides. The bill can also include a procedure for filing and dealing with farmers complaints and investigation for assessment and evaluation of losses due to insecticides. Along with this Insecticide Amendment Bill, Maharashtra government has introduced bills to punish producers, manufacturers, distributors, dealers and sellers are engaged in production, manufacture, distribution or sale of adulterated, non-standard or misbranded seeds and fertilizers. It has also proposed payment of compensation for the loss incurred by the farmers due to use of adulterated, non-standard or misbranded seeds and fertilizers. “Since the Maharashtra government has recognized the residual effect of insecticides as hazardous to human health and causes environmental pollution, an amendment to fix liability has to be provided for the amendment bill” added Dr. Reddy. “Given the effort from an India state regarding regulation of pesticides, PAN India believes that it is high time the Pesticide Management Bill 2020 is passed and enacted urgently after filling the lacunae that are already pointed out by PAN India and many other independent experts” Said A.D. Dileep Kumar, CEO of PAN India. He added that, “as the half a century old Insecticides Act 1968 is unable to address and handle the multitude of issues related to pesticides regulation, and given the novel understanding of pesticide toxicity and its adverse effects, more robust and updated legislation is required to protect citizens and the environment from adverse effects of pesticides”. Background Additional Information Previously, Government of India has been trying to update the legislation on pesticide regulation since 2008. Much later, Union Cabinet of India had approved the new Pesticide Management Bill in February 2020. Though the 2020 draft bill has some remarkable provisions such as those for monitoring of pesticide poisoning and compensating legal heirs of victims, it did not address many critical issues of technical aspects. PAN India already raised a slew of concerns regarding the bill, and also gave lot of suggestions. In 2017, in Maharashtra Vidarbha region, especially in Yavatmal district, there were several pesticide poisoning reported with at least 83 dead, while about 1,200 have been chronically affected. Maharashtra government wrote to the central government to ban 5 pesticides, implicated in the poisoning episode, by a Task Force set up by the government. Maharashtra government has previously communicated to the Union government about spurious and illegal Ht Bt cotton seeds and related glyphosate usage. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Contact: Dr. Narasimha Reddy Donthi, Email : nreddy.donthi22@gmail.com, Phone : +91 9010205742 A.D. Dileep Kumar, Email : dileep@pan-india.org, Phone : +91 9447340748 Recent Posts Training session for farmers on IPM strategies and tools with special emphasis on biological control Training session on organic vegetable farming conducted in Cherpu Orientation Session conducted for cardamom farmers in Konnathadi, Idukki Maharashtra Insecticide Amendment bill: A surprise PAN India applauds the EU’s ban on 6 hazardous pesticides as a timely move TagsAdverse Effects of Herbicides Agroecology AnupamVarma Commitee Report Banned Pesticides BAN Pesticides BRS COPs 2017 Corporate Accountability Draft Banning of Insecticides Order 2020 Draft Banning of Pesticides Order 2016 Drone Spraying Fact Finding Mission Glufosinate Glyphosate Herbicides HHP HHPs Highly Hazardous Pesticides India India Pesticide Ban India Pesticide Risk MAPPP Occupational Poisoning Paraquat Paraquat Retailing India Paraquat Use is India Pesticide Legislation-India Pesticide Management Bill 2020 Pesticide Poisoning in Yavatmal Pesticide Poisonong Pesticide Posioning Pesticide Regulation Pesticide Regulation India Pesticides Phasing out HHPs PMB2020 Regulation Restriction On use of Glyphosate order 2020 Roundup Safe Farming Safe Food Syngenta UN HRC Special Rapporteur on the right to food Victims of Pesticide Poisoning Webinar Yavatmal poisoning
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International Webinar on Pesticides Poisonings in India demands Syngenta to acknowledge liability of its product Polo
International Webinar on Pesticides Poisonings in India demands Syngenta to acknowledge liability of its product Polo PAN India, PAN AP, Public Eye and ECCHR | 26th June 2021 Press Note An international webinar titled ‘Pesticides Poisonings in India : implications for business accountability and regulatory reform’ was organised yesterday 24thJune, 2021. The webinar discussed the quest for justice and accountability of a group of Indian farmers who were poisoned by a pesticide marketed by the Swiss agrochemical giant, Syngenta, and shed light on the way forward for regulating pesticides use both in India and Europe. The webinar was jointly organised by the Maharashtra Association of Pesticide Poisoned Persons (MAPPP), the Pesticides Action Network (PAN India) and PAN Asia Pacific together with Public Eye and the European Center for Constitutional and Human Rights (ECCHR). The webinar discussed various aspects of the unfortunate incidents of occupational poisonings of farmers and farm workers in Yavatmal district in Maharashtra India. Background In 2017, hundreds of small-scale farmers and farm workers were poisoned – and over 20 died – in just a few weeks whilst spraying pesticides on cotton fields in the district of Yavatmal. A key product involved was the insecticide Polo, manufactured by Syngenta. The use of Polo’s active ingredient diafenthiuron is long banned in Switzerland and the European Union but Syngenta keeps selling it in countries where regulations are weaker and less strictly enforced. In 2017, Syngenta exported 75 tonnes of diafenthiuron from Switzerland to India. A Special Investigation Team (SIT) investigated the poisoning in Yavatmal, identified several policy measures and recommended to ban multiple product formulations that were responsible for most of the deaths, including diafenthiuron. Although temporary bans were adopted, today all products are again available on the Indian market. In September 2020, Public Eye, ECCHR, PAN India and MAPPP filed a “specific instance” with the Swiss national contact point for the OECD Guidelines for Multinational Enterprises, on behalf of a group of 51 affected farmers, to demand that Syngenta provides remedy and changes its sales practices in India. At the same time, a claim for compensation was filed in the court of Basel, by the law firm Schadensanwälte on behalf of the families of two victims who died and a farmer who was severely injured due to the exposure to the pesticide Polo. In October 2020, Switzerland decided to prohibit the export of five highly hazardous pesticides including diafenthiuron. Just a few weeks later, the Responsible Business initiative, which proposed to introduce mandatory human rights due diligence requirements for Swiss companies like Syngenta, was narrowly rejected. Panel Discussions in the webinar In the opening session of the webinar, Sri Dewanand Pawar, convenor of MAPPP, highlighted the sufferings of the farming community who were poisoned by the pesticide Polo in Yavatmal in 2017. Farmers and farm labour suffered a lot, due to the harmful impact of pesticides, even as the District hospital was overwhelmed by the sudden influx, impacting treatment. In the following presentation, Mr. Dileep Kumar of PAN India shared details and evidences of harm caused by the pesticide polo from the agrochemical giant Syngenta in Yavatmal based on pesticide poisoning assessment that PAN India conducted in the region. During 2018 and 2019 PAN India team reached out to many of the victims of pesticide poisoning and gathered details such as medical records and police records, container of the pesticides and purchase bills. Citing the police record, Dileep noted that ‘the exclusively accessed police record through the provisions of Right to Information Act itself showed 94 incidents of polo poisonings’. He added that ‘PAN India’s assessment revealed conclusive evidences of polo usage and consequent poisoning among 54 victims including two deaths’. He also spoke about the illness and injuries suffered by the victims of poisonings. He also mentioned the importance of comprehensive and strong pesticide legislation and monitoring so as to eliminate the harms caused by toxic pesticides. Christian Schliemann (Senior Legal Advisor, from the ECCHR) discussed the quest for justice and accountability in Switzerland with regard to the poisoning happened in Yavatmal India. He stressed the need of making multinational companies accountable when their products contribute to harm and human rights. He also spoke about the so-called product liability law, which in a nutshell that makes the manufacturer of a product responsible for the harm that users suffer due to defects in the product. He mentioned that a complaint was filed in Swiss National Contact Point of the Organisation for Economic Cooperation Development against Syngenta for violating the OECD guidelines for Multinational Enterprises. He added that two women who lost their husbands due to pesticides poisonings and one farmer who suffered severe health consequences after spraying Polo have filed a lawsuit in civil court in Switzerland demanding compensation for the harm suffered. In the following session, Ms Anina Dalbert (legal advisor of Public Eye) highlighted the need for an export ban of hazardous pesticides and mandatory human rights due diligence to be followed by the multinational companies such as Syngenta. An export ban for pesticides banned in Switzerland has entered into force at the beginning of this year. Anina stated that they “will keep working towards mandatory human rights due diligence in Switzerland to prevent such human rights violations as well as to hold Swiss based multinationals accountable” Dr. Narasimha Reddy of PAN India (Honorary director of PAN India, & Policy Expert) spoke about the regulatory lacunae in India. Because of this, agrochemical companies are able to escape from product liability and corporate accountability. He highlighted several directions for improving the pesticide regulatory regime. Pesticide management should be decentralised with powers to State governments, so that the regulatory response is quicker and practical. Concluding the session, Ms Sarojeny Rengam (Executive Director of PAN AP) who was moderating the session said “we need a justice and accountability for the farmers and agricultural workers who were poisoned by pesticides in Yavatmal produced and marketed by Syngenta." The burden of proof should be be not on farmers who are poisoned". The panellists highlighted the need for better and comprehensive regulation of pesticides taking into account the corporate accountability and liability, so that potential poisonings and harms caused by pesticides can be prevented. Contacts: Dr. Narasimha Reddy PAN India nreddy.donthi20@gmail.com Dileep Kumar A. D, PAN India dileep@pan-India.org Christian Schliemann, ECCHR schliemann@ecchr.eu Ms Sarojeny Rengam PAN AP sarojeni.rengam@panap.net Ms Anina Dalbert, Public Eye anina.dalbert@publiceye.ch Recent Posts Training session for farmers on IPM strategies and tools with special emphasis on biological control Training session on organic vegetable farming conducted in Cherpu Orientation Session conducted for cardamom farmers in Konnathadi, Idukki Maharashtra Insecticide Amendment bill: A surprise PAN India applauds the EU’s ban on 6 hazardous pesticides as a timely move Tags Adverse Effects of Herbicides Agroecology AnupamVarma Commitee Report Banned Pesticides BAN Pesticides BRS COPs 2017 Corporate Accountability Draft Banning of Insecticides Order 2020 Draft Banning of Pesticides Order 2016 Drone Spraying Fact Finding Mission Glufosinate Glyphosate Herbicides HHP HHPs Highly Hazardous Pesticides India India Pesticide Ban India Pesticide Risk MAPPP Occupational Poisoning Paraquat Paraquat Retailing India Paraquat Use is India Pesticide Legislation-India Pesticide Management Bill 2020 Pesticide Poisoning in Yavatmal Pesticide Poisonong Pesticide Posioning Pesticide Regulation Pesticide Regulation India Pesticides Phasing out HHPs PMB2020 Regulation Restriction On use of Glyphosate order 2020 Roundup Safe Farming Safe Food Syngenta UN HRC Special Rapporteur on the right to food Victims of Pesticide Poisoning Webinar Yavatmal poisoning
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Pesticides poisonings in India: Implications for business accountability and regulatory reform
Pesticides poisonings in India: Implications for business accountability and regulatory reform PAN India, PAN AP, Public Eye and ECCHR | 16th June 2021 PAN Asia Pacific, together with the Maharashtra Association of Pesticide Poisoned Persons (MAPPP), Pesticide Action Network (PAN) India, Public Eye and the European Center for Constitutional and Human Rights (ECCHR) invite you to a webinar that sheds light on the quest for justice of a group of Indian farmers who were poisoned by a pesticide marketed by Swiss agrochemical giant Syngenta. In this webinar, participants will learn more about this emblematic case of pesticide poisoning, the quest for justice and accountability of a group of Indian farmers and the way forward for regulating pesticides use both India and Europe. Date: Thursday 24 June 2021 Time: 11am CET/ 2.30pm India Standard Time REGISTER NOW The webinar will be held in English. Translation to Marathi will be provided simultaneously. Topics and Panellists A deadly pesticide poisoning in rural India – Dewanand Pawar (MAPPP) The involvement of a Syngenta pesticide made in Switzerland – Dileep Kumar (PAN India) The quest for justice and accountability in Switzerland – Christian Schliemann (ECCHR) The need for an export ban and mandatory human rights due diligence – Anina Dalbert (Public Eye) SIT report: what’s next? – Narasimha Reddy (PAN India) Moderation: Sarojemi Rengam (PAN AP) Background: In 2017, hundreds of small-scale farmers and farm workers were poisoned – and over 20 died – in just a few weeks whilst spraying pesticides on cotton fields in the district of Yavatmal in central India. A key product involved was the insecticide Polo, manufactured by Syngenta. The use of Polo’s active ingredient diafenthiuron is long banned in Switzerland and the European Union but Syngenta keeps selling it in countries where regulations are weaker and less strictly enforced. In 2017, Syngenta exported 75 tonnes of diafenthiuron from Switzerland to India. A Special Investigation Team (SIT) investigated the poisoning in Yavatmal, identified several policy measures and recommended to ban multiple product formulations that were responsible for most of the deaths, including diafenthiuron. Although temporary bans were adopted, today all products are again available on the Indian market. In September 2020, Public Eye, ECCHR, PAN India and MAPPP filed a “specific instance” with the Swiss national contact point for the OECD Guidelines for Multinational Enterprises, on behalf of a group of 51 affected farmers, to demand that Syngenta provide remedy and change its sales practices in India. Hope to see you at the webinar! Recent Posts Training session for farmers on IPM strategies and tools with special emphasis on biological control Training session on organic vegetable farming conducted in Cherpu Orientation Session conducted for cardamom farmers in Konnathadi, Idukki Maharashtra Insecticide Amendment bill: A surprise PAN India applauds the EU’s ban on 6 hazardous pesticides as a timely move Tags Adverse Effects of Herbicides Agroecology AnupamVarma Commitee Report Banned Pesticides BAN Pesticides BRS COPs 2017 Corporate Accountability Draft Banning of Insecticides Order 2020 Draft Banning of Pesticides Order 2016 Drone Spraying Fact Finding Mission Glufosinate Glyphosate Herbicides HHP HHPs Highly Hazardous Pesticides India India Pesticide Ban India Pesticide Risk MAPPP Occupational Poisoning Paraquat Paraquat Retailing India Paraquat Use is India Pesticide Legislation-India Pesticide Management Bill 2020 Pesticide Poisoning in Yavatmal Pesticide Poisonong Pesticide Posioning Pesticide Regulation Pesticide Regulation India Pesticides Phasing out HHPs PMB2020 Regulation Restriction On use of Glyphosate order 2020 Roundup Safe Farming Safe Food Syngenta UN HRC Special Rapporteur on the right to food Victims of Pesticide Poisoning Webinar Yavatmal poisoning
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