Guwahati: The Gauhati High Court has, pursuant to standard operating procedures in respect of Kamrup (Metro district), directed the Assam fisheries department to furnish an affidavit detailing the action taken by the department to restrict import, stock or sale of fish preserved with formaldehyde.
The directive came after the division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was informed by the state government that Assam fisheries department had, by notification dated January 20, 2024, published and implemented Standard Operating Procedures (SOP) for restricting import, stock or sale of fish imported from other than self-sufficient states by road or river routes using formaldehyde keeping the fish in marketable condition for long durations.
However, the counsel appearing for the petitioner contended that there were various shortcomings in the SOP and also pointed out that there is a variation with respect to the inspections carried out by the State Public Health Laboratory; College of Fisheries; Gauhati University; Nagaon College; Dibrugarh University and the fishery departmental officers at the district level in the year 2023.
It was further submitted that though other agencies had found chemical formaldehyde in the fish imported from other states, the fisheries department, in its survey, found all the samples to be negative.
It was contended by the counsel for the petitioner that looking at this contradiction, it was necessary to get a report from an independent agency other than the state agency.
Subsequently, the Court asked the fisheries department to furnish an affidavit detailing the action taken by it in respect of the Kamrup (Metro) district and indicate the results of the tests conducted by the nodal agencies designated under the said SOP within three weeks.
“Having heard the learned counsel appearing for the parties and after taking into consideration the fact that the SOP is implemented from January 20, 2024, we deem it appropriate to direct the counsel for the state to furnish an affidavit in respect of Kamrup (Metro) district detailing out the action taken by the fishery department pursuant to the SOP dated January 20, 2024,” the division bench of the High Court said.
“The said affidavit be filed within a period of three weeks also indicating the results of the tests conducted by the nodal agencies designated under the SOP dated January 20, 2024 by furnishing relevant facts and figures. The affidavit be sworn by the Commissioner and Secretary of the Fishery Department, Government of Assam,” it said.
Formaldehyde, it may be noted, is a colourless, flammable, strong-smelling chemical that is used in building materials and to produce many household products. Experts say that dead fish can be preserved for years, using this chemical.
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According to reports, ingesting large amounts of formaldehyde can generally cause severe abdominal pain, vomiting, coma, renal injury and possible death. The International Agency for Research on Cancer (IARC), WHO has classified formaldehyde as “carcinogenic to humans” with sufficient evidence for causing nasopharyngeal cancer in humans.
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