ABSTRACT

The growing worldwide concern over hazardous substances, products and technologies has manifested itself in restrictions on international trade. They are the introduction of import restrictions on hazardous goods by importing states and the introduction of regulatory measures by states on their own to restrict the “export of hazard.” The legislation passed in India with a view to protecting workers in industrial premises from hazardous processes is not strictly enforced. In hazardous substance litigation, courts are required to examine statistical and epidemiological evidence presented by plaintiffs and defendants. Legislations governing hazardous substances are loosely implemented in India, where not even half the states and union territories have full-time drug controllers. Hazardous substance law-making has been conducted amidst great uncertainty considering the reality, cause and extent of the problem. This is due to the attitude of some in the discussions/conferences, etc. held on this branch of the subject.