The impugned notification and orders were issued in public interest to protect the health and safety of children, and the court emphasized the importance of safeguarding the interest and safety of children by ensuring that sub-standard toys with toxic substances are not sold in the market.

JUDGMENT

Satish Chandra Sharma, C.J. The Petitioners before this court have filed these present Petitions as a Public Interest Litigation stating that members of Association are importing Toys manufactured from foreign countries, and they have imported large number of Toys on or before 01.01.2021. However, on account of a notification dated 25.02.2020, issued by the Ministry of Commerce and Industries, they are not able to sell their toys as by the notification it has been made mandatory that the toys imported by importer should confirm the standard laid down under BIS (Conformity Regulations), 2018 (hereinafter to be referred as "Regulations, 2018"), and the toys so imported should qualify the parameters laid down under the quality control orders which have come into force with effect from 01.09.2020.

2. The Petitioners have prayed for the following reliefs:

Reliefs prayed for in W.P.(C.) No. 1532/2021

"a) Issue a writ of certiorari or any other appropriate writ, order or direction for quashing the impugned gazette orders of the respondent dated 25.02.2020 called the Toys (quality control) order 2020 and the Gazette Notification of Respondent No.1, dated 15th September 2020 titled the Toys (Quality Control) Amendment Order 2020 and for issuance of a writ of mandamus or any other appropriate writ or direction, directing the respondents to defer the implementation of the impugned gazette orders of the respondent dated 25.02.2020 called the Toys (quality control) order 2020 and the Gazette Notification of Respondent No.1, dated 15th September 2020 titled the Toys (Quality Control) Amendment Order 2020 for a period of at least 24 months or any other further period as may be deemed necessary.

b) Pass any other and further orders that it may deem fit and proper in the circumstances of the case."

Reliefs prayed for in W.P.(C.) No. 8185/2022

"A) Issue a writ of Mandamus under article 226 of constitution of India r/w Article, 14, 19 (1) (g) 21, 31a restraining respondents from not taking any punitive actions against the toy manufacturer associated with petitioner for selling/purchasing/exhibiting/storing of their legitimate stock in trade of toys imported or manufactured before 01-01-2021 pursuant to notification dated 25.02.2020 without providing adequate compensation to petitioners under article 31(A).

B) and further alternatively be please to quash the notification dated 25.02.2020 as being unconstitutional and ultra vires the Constitution of India by which prohibition is imposed on selling or disposing of toys which do not confirm to BIS standards, on the ground that it virtually wipes out millions of small toys makers from all over India, in order to give unjust market space to large and rich toys manufacturer.

C) The petitioner humbly prays that alternatively your lordships may please to direct respondent to pay reasonable compensation U/Article 31 their legitimate stock of Toys as on dated 1.1.2021.

D) Pass such further or other orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice."

3. The Petitioners in the prayer clause have prayed that they should be permitted to sell their toys which they have imported from manufacturer before 01.01.2021 and the notification dated 25.02.2020 should not come in their way. The Petitioner in the W.P.(C.) No. 8185 has also prayed for compensation in respect of the stocks which were imported or manufactured prior to 01.01.2021.

4. A reply has been filed by the Union of India. The Union of India has placed reliance upon an order of Bombay High Court in Writ Petition (L) 5853/2020 titled United Toys Associations & Anr Vs. UOI & Ors., and it has been stated that the Bombay High Court has declined to grant interim relief to the Petitioner therein.

5. The Respondents have stated that sub-standard toys are being imported in the country, and there are large numbers of Labs available for obtaining desired certificate in the country.

6.