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Bombay HC: Why are toys beyond health standard rules?

Centre to explain why BIS norms on toxicity haven’t been implemented.

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The central government may soon have to explain to the Bombay high court why the norms laid down by the Bureau of Indian Standards have not been made mandatory for toys — both manufactured locally and imported.

Issuing a show-cause notice to the Centre, a division bench headed by chief justice Mohit Shah has sought a reply within four weeks.

In a PIL, the Consumer Welfare Association claimed that the toys manufactured in India and those imported from China contained toxic substances and urged the court to take action to stop their sale. Nearly a year later, the government filed an interim report stating the measures taken for assessment of both imported and locally manufactured toys.

Arguing for the petitioners, advocate Rajeev Chavan said the issue was not restricted to Chinese toys alone, but also unbranded toys manufactured locally. “The content of metal is much higher in these toys than the permissible limit anywhere in the world,” Chavan said. “Children suck on these toys and the metal content affects their nervous system.”

Counsel for the central government told the court that the standards had already been laid down by the bureau of standards.

Chavan, however, pointed out that these standards were not mandatory and it was up to the government to make it mandatory.
Shah asked the counsel for the central government, “Why can’t you apply these standards to locally manufactured toys?”

The interim report submitted to the court was compiled based on the investigations conducted by the National Institute of Occupational Health, National Institute of Nutrition and the All India Institute of Medical Sciences. It said Chinese toys controlled roughly about 70% of the global toy market. The Indian toy market is estimated to be worth about Rs2,500 crore.

In April 2008, the Maharashtra Pollution Control Board conceded before the  court that toys did contain material which may be hazardous to children’s health. The board, however, stated that it was up to the Centre or the board of standards to take necessary action.

In January 2009, the government claimed they had banned import of toys from China for a period of six months  as an interim measure till the toxicity of the toys was assessed.

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