Lead poisoning remains one of India’s most critical yet overlooked public health challenges, with particularly dire consequences for children.

Despite the presence of multiple legislations addressing lead contamination, either directly or indirectly, there is currently no dedicated legislative framework that specifically targets its prevention and mitigation.

India took an important step by phasing out leaded petrol in 2000, a move that undoubtedly helped reduce widespread exposure to this toxic substance, but other sources of lead exposure persist. Lead poisoning, especially in children, causes developmental delays, cognitive impairments, and neurological damage. The absence of a safe blood lead level (BLL), underscores the urgent need for a dedicated regulatory framework.

The Environment Protection Act (EPA) of 1986 offers a potential platform for the establishment of specific rules addressing lead contamination. A specific set of rules under the EPA could cover the entire lifecycle of lead-related activities, from production and recycling to disposal, and ensure that industries remain accountable for managing lead exposure responsibly. To address occupational exposure, India could look to international best practices for guidance. For example, the US’ Occupational Safety and Health Administration (OSHA) and the UK’s Control of Lead at Work Regulations of 2002, provide models India could adopt.

There are several other legislative amendments and regulatory gaps that require attention. Lead Arsenate, which is listed as an insecticide under the Insecticides Act of 1968, should be removed from this category. Although it has been banned under the “List of Pesticides Which Are Banned, Refused Registration And Restricted in Use, 2019,” the law still permits its classification as an insecticide. This oversight needs correction.

Informal recyclers, who often operate outside regulatory purview, could be incentivised to formalise their operations, ensuring that lead-based battery recycling is conducted safely and responsibly, under The Batteries Waste Management Rules of 2022.

Stricter penalties

Additionally, non-compliance must be met with penalties under the Code of Practice for Water Supply in Buildings (1957) and the Lead Stabiliser in Polyvinyl Chloride (PVC) Pipes and Fittings Rules (2021). Clear guidelines are needed to hold those responsible for replacing lead pipes accountable.

Food safety is another concern. The Food Safety and Standards Authority of India (FSSAI) has banned Lead Chromate in turmeric under the Compendium Food Additives Regulations, 2020, yet it allows lead content up to 10 parts per million (ppm) in turmeric, creating a regulatory loophole.

Lead in paints

Similarly, the Lead Contents in Household and Decorative Paints Rules of 2016, which prohibit the use of paints containing Lead above 90 ppm, fail to address the issue of homes already painted with lead-based paints. There are no clear procedures for safely renovating or repainting such homes. India could also adopt regulations similar to the European Union’s Toy Safety Directive (2009/98/EC) under the EPA, prioritising children’s safety and ensuring that toys and other child-centric products are free from dangerous levels of lead.

To effectively address lead poisoning, regulatory impact assessments must be conducted across all relevant ministries and government bodies.

Furthermore, promoting market mechanisms that mitigate and prevent lead poisoning should be a key focus. These mechanisms could include incentives for safer industrial practices, tax benefits for businesses that adhere to lead-safe standards, and public campaigns that raise awareness about the dangers of lead exposure.

Ultimately, the fight against lead poisoning requires coordinated action across various sectors, including industry, healthcare, and environmental protection. Given these far-reaching impacts, it is imperative that lead poisoning be elevated to one of the government’s top public health priorities. The introduction of a comprehensive regulatory framework, combined with stricter enforcement and public awareness initiatives, will help safeguard the health of future generations.

Bhushan is the former CEO of Ayushman Bharat and Distinguished Fellow at Pahlé India Foundation; Mahesshwari is an Associate Fellow at Pahlé India Foundation