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The PIL plea seeks directions for banning veterinary drugs Diclofenac, Aceclofenac, Ketoprofen, Nimesulide, etc. claiming that the same have been found to be toxic for vultures. Out of the 4 drugs, three have been banned
Additional Solicitor General (ASG) Chetan Sharma, on behalf of the Centre told the Delhi High Court on Wednesday that, “We will come back with a detailed affidavit”. The court was hearing a Public Interest Litigation (PIL) plea filed by Advocate Gaurav Kumar Bansal raising concern over the issue of the decline in the number of vultures in India.
A division bench comprising CJ Satish Chandra Sharma and Justice Sanjeev Narula granted the Centre time to file a detailed reply on why the drug ‘Nimesulide’ has not been banned and the deliberations undertaken in this regard.
Accordingly, court posted the matter for further hearing on November 3.
Earlier, the bench had sought details of the deliberations undertaken in this regard by the Centre. It had noted that an affidavit had been filed by the Ministry of Environment, Forest and Climate Change, which was not on record.
“Learned counsel for Union of India seeks and is granted two weeks’ time to place it on record. In view thereof, the Union of India is also directed to furnish the reasons as to why the drug ‘Nimesulide’ has not been banned, and deliberations undertaken in this regard", the court had ordered on September 1.
In the present plea, the petitioner’s grievance arose in respect of four non-steroidal anti-inflammatory drugs (NSAID) used in veterinary care, which are admittedly toxic to Vultures, three of which already stand banned, namely, ‘Acelofenac’, ‘Ketoprofen’, ‘Diclofenac’, whereas the sole remaining drug, ‘Nimesulide’ continues to be sold in the market.
In July, the court had directed Centre to file a short affidavit in the plea.
Notably, the court in December 2022, had directed the Central Drugs Standard Control Organisation (CDSCO) to take steps for protection and conservation of vultures in the plea. It had asked CDSCO to take proper steps for banning the drugs which are responsible for the decline in the vulture population in India.
The court had taken serious note of the fact that the population of vultures has declined by more than 97% because of the veterinary use of NSAIDS (Non-Steroidal Anti-Inflammatory Drugs) like Diclofenac, Aceclofenac, Ketoprofen, Nimesulide, etc.
Bansal had then informed the court that even the Minister of the Ministry of Environment, Forest and Climate Change had publically stated that due to the sharp decline in the vulture population, its population had come down from 40 million to just 19,000 in a span of over three decades.
"It is clear from the statement of the Minister that in the last 30 years around 4 crores vultures have died which means that around 13 Lakh vultures lost their lives every year, which further implies that India is witnessing around 1 lakh mortality of vultures every month because of toxic drugs", Bansal had submitted.
Bansal had alleged that the government of India is ignoring its own comments which were made in various committees at the National and International levels, and it is not banning the said toxic drugs which are harmful to vultures, an endangered species as per the International Union for Conservation of Nature and listed in Schedule I of Wildlife Protection Act, 1972.
Case Title: Gaurav Kumar Bansal Vs. Union of India & Ors.
Statue: The Wildlife Protection Act, 1972
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