Disposed

Vyakti Vikas Kendra and Ors. v. Union of India and Ors.

Punjab & Haryana HC8 Aug 2012CWP/1332/2010

Case brief

AI extract

What is this about?

The Court disposed of a writ petition concerning the misuse of typewriter correction fluid by children. Noting the issuance of a Government notification banning bottled correction fluids and permitting sale only through pens, the Court directed State health authorities to strictly implement these measures and rehabilitate identified abusers.

What did the court decide?

Writ petition disposed of upon the Government notification banning bottled correction fluids; directed State health directors to implement the ban, confiscate violative products, and rehabilitate abus

Vyakti Vikas Kendra and Ors… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2012)

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Writ Petition No. 1332 of 2010 (O&M)

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Date of Decision: 8.8.2012

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Vyakti Vikas Kendra India “Art of Living” and Others

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... Petitioners

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Versus

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Union of India and Others

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... Respondents

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CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Hon'ble Mr. Justice Tejinder Singh Dhindsa.

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Present: Mr. Reeta Kohli, Advocate for the petitioners.

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Mr. O.S. Batalvi, Special Senior Standing Counsel for Union of India-respondent No.1.

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Mr. Sanjay Kaushal, Senior Standing Counsel for Union Territory, Chandigarh, for respondents No.2 and 3.

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Ms. Gurveen H. Singh, Additional Advocate General, Punjab.

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Mr. B.S. Rana, Additional Advocate General, Haryana.

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Jasbir Singh, Acting Chief Justice (Oral)

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Civil Misc. No. 10394 of 2012

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Civil Misc. Application is allowed.

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Notification dated 17.7.2012 is taken on record.

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Civil Writ Petition No. 1332 of 2010

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This writ petition has been filed with a prayer for issuance of directions to the respondents to take effective steps for prevention of abuse of Typewriter Correction Fluid (hereinafter referred to as “TCF”)

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Civil Writ Petition No. 1332 of 2010 (O&M)

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and for rehabilitating the abusers of the thinner/diluter and also to put complete ban on the production and sale of correction fluid in bottles.

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Pursuant to the various orders passed by this Court, replies have been filed by the respondents. On perusal of replies placed on record by the respondents, on the last date of hearing i.e. 18.7.2012, the following order was passed by this Court:-

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“This matter pertains to misuse of typewriter correction fluid/thinner by the children.

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After issuing notice of motion, responses were placed on record by the respondents. On 10.5.2012, counsel for Union of India placed on record a letter dated 26.4.2012 issued by the Under Secretary to Government of India, Ministry of Health & Family Welfare to the following effect:-

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“(1) On the orders of the Punjab & Haryana High Court in the matter relating to framing of policy guidelines for regulating the use of correction fluid/thinner, which are chemical substances generally used in offices but reported to being widely misused by children/street children as intoxicating substance/drug by inhaling them to get stimulating effects like drugs, a Task Force was constituted by this Ministry to deliberate the matter. The Task Force had members from the Department of Chemicals and Petrochemicals, Ministry of Social Justice & Empowerment, Department of Industrial

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Civil Writ Petition No. 1332 of 2010 (O&M)

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Policy & Promotion, Department of Legal Affairs, Governments of Punjab, Haryana and UT of Chandigarh and technical experts from the National Drug De-addiction Treatment Center (AIIMS, Ghaziabad), Drug De-addiction Centre (PGIMER, Chandigarh) and the Office of Drugs Controller General (India).

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(ii) On the basis of the deliberations in the Task Force in its two meetings held on 12.1.2012 and 20.1.2012 (minutes of two meetings enclosed at Annexures I & II), the written comments of the Department of Industrial Policy & Promotion (Annexure III) and in consultation with the Cabinet Secretariat (Annexure IV & V), this Ministry proposes to proceed with the following measures through a Gazette Notification for controlling/banning sale of the aforesaid chemical substance, since there is no separate statutory framework for their enforcement.

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(a) Banning of production of bottled Correction Fluids as well as bottled Thinners, of any chemical composition, both for ink erasing purposes as well as for use as Nail Police removers and similar other purposes for retail sale.

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(b) Banning of sale of bottled Correction Fluids as well as bottled Thinners, of any chemical composition,

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Civil Writ Petition No. 1332 of 2010 (O&M)

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both for ink erasing purposes as well as for use as Nail Polish removers and similar other purposes.

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(c) Permitting sale of Correction Fluids as well as Thinners, of any chemical composition, both for ink erasing purposes as well as for use as Nail Polish removers and similar other purposes in the form of pens or similar devices which allow limited amounts of the chemicals to come out of those devices when used.

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(d) Mandatory warning should be made on the application devices (pens or otherwise) of correcting fluids/thinners regarding the effects on health on inhalation of vapor/consumption of the chemicals contained therein.”

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In Clause ii(c), it was specifically stated that a notification is going to be issued to permit sale of correction fluid as well as thinner of any chemical composition in the form of pens or similar devices allowing limited amount of chemicals to come out of those devices when put in use. It was further stated that a warning will be printed on those devices stating that the effect of the correction fluid is bad for health.

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Taking note of that letter, the following order was passed by this Court on 10.5.2012:-

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“According to letter dated 26.04.2012,

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Civil Writ Petition No. 1332 of 2010 (O&M)

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which has been placed on record on the last date of hearing, a notification was required to be issued with regard to banning of sale/production of thinners in the bottles. The Government of India, Ministry of Health & Family Welfare has proposed to issue a notification with regard to banning of production of bottled correction fluids as well as bottled thinners of any chemical composition, both for ink erasing purposes as well as for use as nail polish removers and similar other purposes for retail sale. In paragraph Nos. (a), (b), (c) and (d) of the letter dated 26.04.2012, the aforesaid suggestions have been given. However, Mr. O.S. Batalvi, learned Standing Counsel states that no notification has been issued so far.”

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Today again, counsel for respondent No.1-Union of India states that the notification has not yet been issued. Despite the Court order dated 10.5.2012 notification for implementation of the measures suggested in the letter dated 26.4.2012 has not been issued till date.

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The issue raised in the present writ petition being sensitive and serious because the correction fluid/thinner is being used by the children as an intoxicant. Non action on the part of the Union of India is not justified. In the circumstances, the matter is adjourned to 8.8.2012. If notification is not issued

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Civil Writ Petition No. 1332 of 2010 (O&M)

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before the next date of hearing, Secretary to Government of India, Department of Health & Family Welfare, shall come present in the Court.”

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Pursuant to the above order, Mr. O.S. Batalvi, Special Senior Standing Counsel for Union of India has placed on record a copy of notification dated 17.7.2012 stating therein that the following measures have been taken to overcome the problem:-

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“(i) Banning of production of bottled Correction Fluids as well as bottled Thinners, of any chemical composition, both for ink erasing purposes as well as for use as Nail Polish removers and similar other purposes for retail sale.

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(ii) Banning of sale of bottled Correction Fluids as well as bottled Thinners, of any chemical composition, both for ink erasing purposes as well as for use as Nail Polish removers and similar other purposes.

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(iii) Permitting sale of Correction Fluids as well as bottled Thinners, of any chemical composition, both for ink erasing purposes as well as for use as Nail Polish removers and similar other purposes in the form of pens or similar devices which allow limited amounts of the chemicals to come out of those devices when used.

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(iv) Mandatory warning should be made on the application devices (pens or otherwise) of correcting

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Civil Writ Petition No. 1332 of 2010 (O&M)

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fluids/thinners regarding the effects on health on inhalation of vapor/consumption of the chemicals contained therein.”

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In the above notification, it is provided that the production and sale of correction fluids as well as thinners, of any chemical composition, are permitted to be sold in the forms of pens or similar devices and it has been directed that mandatory warning should be printed on such devices that correction fluids/thinners have bad effect on the health.

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We feel that with the issuance of notification dated 17.7.2012 by the Ministry of Health and Family Welfare, Government of India, all the grievances raised in this writ petition stand redressed. However, the Director, Health & Family Welfare of both the States of Punjab & Haryana and Union Territory, Chandigarh are directed to strictly implement the measures as suggested in the above notification and if anybody is found violating the same, the products be confiscated immediately and necessary penal action be also taken against the culprits. It is made clear that in case any of the petitioners identifies an abuser of the above products, the matter be brought to the notice of Civil Surgeon of the respective districts in the States of Punjab & Haryana and Director, Health & Family Welfare, Union Territory, Chandigarh, who shall take remedial steps to rehabilitate the said abuser even by taking him to De-addiction Centre.

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With the aforesaid directions, this writ petition is disposed of.

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Civil Writ Petition No. 1332 of 2010 (O&M)

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Civil Misc. No. 10585 of 2012

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In view of the order passed in the main case viz. Civil Writ petition No. 1332 of 2010, the present application has become infructuous and the same is disposed of as such.

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(Jasbir Singh) Acting Chief Justice

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(Tejinder Singh Dhindsa) Judge

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August 8, 2012 “DK”

Vyakti Vikas Kendra and Ors. v. Union of India and Ors.

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Vyakti Vikas Kendra and Ors. v. Union of India and Ors.

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