Kalyaneshwari Vs. U.O.I. & others
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Head Note
Constitution of India, 1950 - Section 32
Writ of mandamus - Issuance of - Directions sought to be issued to Union of India and States to immediately ban all uses of asbestos - Further directions sought to constitute a committee of eminent specialists to frame a scheme for identification and certification of the workers/victims suffering from asbestosis or other asbestos related diseases or cancer - No law banning the use of asbestos in various manufacturing processes despite its adverse effects on human health - Manufacture of asbestos obtaining licence under the Factories Act as well as permission from the competent authorities including permission under the Environmental Laws - No data or details provided in relation to uncontrolled or unauthorized activity of manufacture of asbestos - Court earlier issuing guidelines as one of the safety measures to be complied with by the industries - It is not for the Court to legislate and ban on activity under relevant laws - Union and State Government expected to ensure safe and controlled use of asbestos as per guidelines - Directions issued - Petition dismissed.
Advocates For the Respondent(s) :
U.O.I. & others
Topic(s)-Writ of mandamus
Important Decision(s)- It is not for the Court to legislate and ban on any activity.