Central Environmental Justice v. Secretary, Ministry of Co-operatives and Internal Trade and Others [ SCFR Application No. 64 of 2011 ]

Country Sri Lanka
Category Right to Health
Date of Judgment _
Link / Attachment View Attachment
  • Description

    Based on the results of 2009 analysis of paints in Sri Lanka, Center for Environmental Justice (CEJ) went to the Supreme Court requesting a mandatory standard for protecting the health of children from lead in Sri Lanka.  In response, the Consumer Affairs Authority made a gazette notification (Gazette Extra Ordinary No. 1725/30 on 30th September 2011) establishing a new mandatory standard for the lead levels in paint to take effect on 1st January 2013. This standard limits the allowed lead content of enamel paint to a maximum of 600 parts per million (ppm) of the dry weight of the paint.

    Source:
    CEJ 2015. National Report 2015 – Lead in New Household Enamel Paints in Sri Lanka
    http://www.ejustice.lk/our-programme/2015-july/lead-in-new-household/Lead%20Paint%20National%20Reprt%202015.pdf

    CEJ 2015. Lead levels in enamel paint in Sri Lanka – Two years after the regulation
    http://www.ejustice.lk/our-programme/2015-march/CEJ%202014%20Paint%20study%20report_Jan%2027%202015.pdf  

  • Judgment

    (Excerpts from the Judgement)

    b) Grant leave to proceed with the Petitioner’s (CEJ) application under Article 12(1) and 14 (f) of the constitution

    c) declare that the Petitioner’s  Fundamental Rights are guaranteed by Article 12(1) and 14 (f) related to Right to Life and the legitimate expectations of the citizens of Sri Lanka as the said concept is judicially understood and or intercepted are violated by one or more 1st to 7th respondents.

    d) direct the Director General, Consumer Affairs Authority and the Consumer Affairs Authority to formulate and implement mandatory regulations to control and or eradicate lead in paints in the performance of it’s statutory duties in compliance with the provisions of Consumer Affairs Authority Act No. 9 of 2003 in consultation with the Sri Lanka Standards Institution.

    Gazette Extra Ordinary No. 1725/30 on 30th September 2011 http://www.caa.gov.lk/web/images/pdf/directions/direction_36.pdf