PIL In Kerala High Court Seeks To Ban Transporation & Cultivation Of Arali Plant In State After Death Of Nurse
A public interest litigation was filed before the Kerala High Court to ban the use, transportation and cultivation of the Oleander plant (Arali) from the State.The petition was filed after the death of a nurse who died from a heart attack on April 28 allegedly caused by consuming Arali leaves. This matter has led to a discussion on whether Arali is safe to be used in pujas. Surya Surendran...
A public interest litigation was filed before the Kerala High Court to ban the use, transportation and cultivation of the Oleander plant (Arali) from the State.
The petition was filed after the death of a nurse who died from a heart attack on April 28 allegedly caused by consuming Arali leaves. This matter has led to a discussion on whether Arali is safe to be used in pujas.
Surya Surendran was going to the UK to start her new job. She vomited and collapsed at the Cochin International Airport. Later while undergoing treatment, she died in a private hospital. The post-mortem report showed the presence of some toxic substances in her blood. Before the journey, she had chewed a leaf from an Arali plant near her house. She plucked the leaf and chewed it while talking on her phone. However, she immediately spat it out. The doctors said that the juice of the leaves might have gone inside.
After this incident, Travancore and Malabar Devaswom Boards ordered a ban on the use of Arali in the naivedyam and prasadam in temples administered by the Board.
The petitioner argues that the temples are still allowed to use it in puja rituals. There are lorries from Tamil Nadu bringing in the Oleander flowers. It argues that this is dangerous to people and children who are not aware of the poisonous nature of the plant.
The petition says that earlier Oleander plant was considered to be poisonous and nobody would plant it in their house. However, now, due to the beauty of its flowers, it is used for decorations in public places. The petition says that its flowers, leaves. stems and roots can cause vomiting, abdominal pain, irregular heart rhythm and even death.
“It is submitted that in years ago it is believed that Oleander plant is a poisonous one, including flowers, leaves, stem and roots contain toxic compounds called cardiac glycosides. The compounds can cause serious health issues including vomiting, abdominal pain, irregular heart rhythm and even death in serious cases. So in ancient times the people will not plant any Oleander plants in their home and is considered unlucky. But nowadays Oleander plant business successfully running in the state and due to its beauty, the flower is used for decoration in public places (sic.).”
The petitioner argues that the state has a duty to protect the citizens from poisonous substances and protect them from an unhealthy society. The petitioner had filed representations before the Chief Secretary, Director General of Police, The Health Director and Health Secretary to ban this plant from the State.
The Bench presided by Chief Justice A. J. Desai and Justice V. G. Arun disposed of the petition directing the authorities to consider the representation.
Counsel for Petitioner: Advocates M. R. Sarin, Parvathi Krishna, Anjana Suresh E., P. Santhoshkumar
Counsel for Respondents: Senior Government Pleader Tekchand, Central Government Counsel Suvin R. Menon
Citation: 2024 LiveLaw Ker 325
Case Title: C. Girishdas v Government of Kerala and Others
Case No.: WP(C) 19258/ 2024