Fumigation of Aeroplanes: Supreme Court asks Centre to frame Policy

The Supreme Court on Tuesday directed the Central government to form a high-powered committee to frame a policy regarding whether disinfection of aeroplanes through the process of fumigation should be permitted or not..A Bench of Justices DY Chandrachud and Indira Banerjee heard Additional Solicitor General Atmaram Nadkarni and Senior Counsel Meenakshi Arora and advocate Saurabh Kirpal before ordering that the matter pertains to the realm of policy and should be dealt with by the Central government..“Which all routes and which planes should be disinfected etc is not something which we can decide. We will leave it to you to frame a policy”, remarked Justice Chandrachud..The Court, therefore, directed that it would be appropriate if the Union government considers the feasibility of setting up a high powered committee consisting of experts in the field. The Committee will, upon due assessment of the benefits and hazards involved, take a considered decision, the order states..“Having regard to the nature of the issues raised, particularly in the context of public health, it would be appropriate if the Union government considers the feasibility of setting up a high powered Committee consisting of experts in the field. The Committee will, upon due assessment of the benefits and hazards involved, take a considered decision. Since the matter essentially pertains to an issue of policy, we are of the view that such an exercise should be carried out by the Union government in the first instance. This would also apprise the court of the position of the Union government.”.The order was passed in an appeal filed by Indigo Airlines which had challenged a notification issued by the Directorate General of Civil Aviation (DGCA) imposing a blanket ban on spraying disinfectants inside aeroplanes. This notification was issued pursuant to a 2015 order of the National Green Tribunal..Subsequently, Indigo had moved the NGT in 2017 seeking a modification of the 2015 order. However, the plea was rejected, leading to the appeal in the Supreme Court..It was the case of Indigo that a ban on fumigation of aeroplanes would risk the spread of diseases like Dengue, Malaria etc. especially during the monsoon season..[Read Order]