Have taken opinion for all formulation of drug Nimesulide for vulture conservation: Health Ministry to Delhi HC
Nov 06, 2023
New Delhi [India], November 6 : The Delhi High Court has been informed by the Ministry of Health and Family Welfare that it has issued a letter to the Ministry of Fisheries, Animal Husbandry, and Dairying to take an opinion for all formulation of drug Nimesulide for vulture conservation.
The Ministry of Health and Family Welfare in its reply filed in the Delhi High Court stated that the Central Drugs Standard Control Organisation (COSCO) has issued a letter dated September 13 to the Commissioner of the Department of Animal Husbandry and Dairying (Ministry of Fisheries, Animal Husbandry and Dairying) to take opinion for all formulation of drug Nimesulide for vulture conservation and a reply is awaited from the said department.
According to the reply copy, as per minutes of the 89th Drug Technical Advisory Board (DTAB) held on May 10, a recommendation was made to constitute a sub-committee to examine a list of such drugs that affect animal health or the environment. In this regard, the answering respondent is in the process of constitution of the sub-committee.
The reply of the Health Ministry has been filed in an ongoing matter, seeking to create an effective mechanism for safety testing of the drugs on wild scavenging birds before launching New NSAIDs (Non-steroidal anti-inflammatory drugs) in the open market.
Earlier, the Ministry of Health and Family filed an affidavit in Delhi High Court informing that they have recommended banning of two drugs namely Aceclofenac and Ketoprofen as the same are toxic for Vultures.
On the last date, the Delhi High Court had asked the Union of India to furnish the reasons as to why the drug 'Nimesulide' has not been banned, and deliberations undertaken in this regard.
The court in an earlier hearing in this matter noted that petitioner Gaurav Kumar Bansal stated that his grievance arose in respect of four non-steroidal anti-inflammatory drugs (NSAID) used in veterinary care, which are admittedly toxic to Vultures, three of which already stand banned, namely, Acelofenac, Ketoprofen, Diclofenac whereas the sole remaining drug, 'Nimesulide' continues to be sold in the market.
The plea was filed by Advocate Gaurav Kumar Bansal sought the banning of Toxic Drugs that are harmful to Vultures. He submitted that the Centre has not taken any steps to ban the other toxic drug (Nimesulide) which is equally responsible for the sharp decline of the population of Vultures in India.
The Delhi High Court has directed the Union of India to apprise the court about the steps taken by them to ban the other toxic drug (Nimesulide) on the next date of hearing.
Bansal, in his petition, has stated that because of the toxic drugs (NSAIDs like Aceclofenac, Ketoprofen, Nimuslide, Diclofenac etc), the population of the vultures in the country has declined very sharply.
The Public Interest Litigation (PIL) has also sought direction to create an effective mechanism for safety testing of the drugs on wild scavenging birds before launching New NSAIDs (Non-steroidal anti-inflammatory drugs) in the open market.
The plea sought direction to the respondents to promote the use of Meloxicam (Salt Formula) for veterinary use as the same poses no risk to vultures and also sought direction to constitute a monitoring committee to check and supervise that toxic NSAIDs are not in use in the open market.
The plea seeks court intervention regarding the protection and conservation of vultures in India as they are now listed as critically endangered by the IUCN and are also placed in Schedule -1 of the Indian Wildlife Protection Act - 1972 which is the highest category of endangerment.
The plea further submitted that nine Species of vultures are recorded from India of which five belong to the genus Gyps. Three Gyps Vultures, namely Oriental White-backed vulture, Long Billed vulture and Slender Billed vulture are residents, and the remaining two- Eurasian Griffon and Himalayan Griffon are largely winter species and a small population breeds in the Himalayas.
The plea further stated that the cause of the population decline of vultures in India is the veterinary use of NSAIDS in livestock. NSAIDs have analgesic, anti-arthritic and antipyretic properties and as such are used to treat a wide variety of common ailments in Domestic ugulates (cows, sheep, goats, pigs, deer), said the plea.
The petition submitted that there are many NSAIDs that are available in the market and are used in veterinary for Domestic ugulates. The plea also submitted that vultures are exposed to toxic levels of NSAIDs when they feed on carcasses of livestock that have died within a few days of treatment, and which contain residues of the said NSAIDs.
The plea submitted that vultures are an integral part of our ecosystem as they play a major role in cleaning dead carcasses in a short period of time.
According to the petition, the diclofenac drug has been used in India extensively in the veterinary for domestic ungulates and was responsible for the sharp decline in the vulture population in the country.
In the year 2006, the central government banned diclofenac for veterinary use throughout the country by way of invoking its power under Section 26A of the Drugs and Cosmetic Act.
However, despite the diclofenac ban in 2006, things have not improved much as the illegal sale of human diclofenac for veterinary use is still rampant in India as well as the increased use of toxic NSAIDs like Aceclofenac and Ketoprofen, Nimesulide and other drugs.
It is clear that the banning of diclofenac alone is of no use and if respondents are not going to ban other toxic NSAIDs like Aceclofenac, Nimesulide and Ketoprofen, the plea read.