Why Did the SC Reject Methanol Rules?, Pg8

Key Highlights:

• On September 18, the Supreme Court struck down Rules 18A and 18B of the Maharashtra Poisons Rules, 1972.
• These rules mandated denaturing methanol with a colourant and bitterant before sale to non-drug manufacturers.
• The Court ruled that the measures were disproportionate and lacked a sufficient connection to the problem they aimed to address.
• The decision cited violations of Article 14 (equality) and Article 19(1)(g) (right to trade) of the Indian Constitution.
• The rules were initially introduced following a 1991 hooch tragedy in Mumbai that resulted in 93 deaths.

Methanol Rules.jpg

Detailed Insights:

• Methanol, or methyl alcohol, is a highly toxic substance also widely used as an industrial raw material in products like formaldehyde, paints, and resins.
• The Maharashtra Poisons Rules, 1972 were amended in 2011 to introduce stricter controls on methanol after the 1991 hooch tragedy.
• Rule 18A required verification of a purchaser’s Form A licence and mandated the addition of colourant and bitterant to methanol for non-drug manufacturers.
• Rule 18B provided for the confiscation of methanol possessed without a Form A licence.
• Methanol-based product manufacturers argued that colour contamination and additives would render their products unacceptable for paint, pharmaceutical, and catalyst industries.
• The Supreme Court found Rule 18A(1) disproportionately restricted legitimate industrial users, as merely verifying a licence did not ensure proper use.
• Rule 18A(2) was deemed to lack a reasonable and proximate nexus with preventing methanol misuse, as additives would not prevent diversion in unregulated sectors.
• Rule 18B failed the proportionality test as it could conflict with lawful possession under a Form B permit, effectively making it redundant.
• The Court applied the proportionality framework established in K.S. Puttaswamy v. Union of India (2017) to assess the validity of the rules.
• The Supreme Court issued guidelines for states, emphasizing inter-departmental cooperation and strengthening existing methanol regulations.
• These guidelines included regular review of licences, proper stock and consumption records, dedicated and sealed transport for methanol, and increased de-addiction facilities.

Key Concepts Involved:

• Methanol: A highly toxic alcohol used industrially, but dangerous if consumed, often found in illicit liquor.
• Hooch Tragedy: Incidents of mass poisoning and death caused by the consumption of illicit liquor adulterated with toxic substances like methanol.
• Proportionality Test: A legal principle used by courts to determine if a restriction on a fundamental right is appropriate, necessary, and not excessive for its intended aim.
• Article 14 of the Indian Constitution: Guarantees equality before the law and equal protection of the laws, prohibiting arbitrary state action.
• Article 19(1)(g) of the Indian Constitution: Protects the fundamental right to practice any profession, or to carry on any occupation, trade or business.
• Poisons Act, 1919: Central legislation empowering state governments to make rules regulating the possession and sale of poisons.