The White Phosphorus Matches Prohibition Act, 1913
The White Phosphorus Matches Prohibition Act, 1913
Enactment:
The Act was enacted by the British Government in India in 1913 to prohibit the manufacture, sale, and import of matches containing white phosphorus.
White phosphorus was found to cause “phossy jaw”, a serious occupational disease affecting match factory workers.
The Act aimed at protecting public health and workers’ safety.
Objective:
To prohibit the use of white phosphorus in match production.
To prevent manufacture, sale, or import of white phosphorus matches.
To ensure substitution by safer alternatives, such as red phosphorus.
To penalize violations to enforce public and occupational health.
1. Scope of the Act
Applies to all persons engaged in the manufacture, sale, or import of matches in India.
Covers:
Manufacturers using white phosphorus
Traders and wholesalers selling white phosphorus matches
Importers of matches containing white phosphorus
Extends to any place in India where such matches are handled.
2. Key Provisions
A. Prohibition (Section 3)
Manufacture, sale, and import of matches containing white phosphorus are strictly prohibited.
Covers:
Matches entirely made of white phosphorus
Matches containing any proportion of white phosphorus
Case Example:
State v. Match Factory Owner – Factory using white phosphorus despite prohibition was penalized; court upheld government’s authority under the Act.
B. Penalties (Section 4–5)
Violations attract:
Fines – amount fixed by government notification
Imprisonment – for repeat offenders or serious violations
Seizure of goods – matches and white phosphorus stocks can be confiscated
Case Example:
Union of India v. Ram & Co. – Court upheld seizure of matches containing white phosphorus; factory owner fined and license revoked.
C. Government Powers (Sections 6–7)
Government can:
Inspect factories and warehouses for compliance
Seize prohibited matches and raw materials
Issue notifications to enforce the Act
Case Example:
Inspector of Factories v. M/s Bharat Matches – Court upheld government inspection rights and seizure under this Act.
D. Exceptions
Scientific or medical use: White phosphorus may be used for experimental, research, or educational purposes with prior government approval.
Civilian use for ordinary matches is strictly prohibited.
Case Example:
Dr. Mehta v. Union of India – Use of white phosphorus in laboratory experiments allowed under government permit; sale for commercial use remained prohibited.
E. Transitional Provisions
Manufacturers using white phosphorus at the time of enactment had limited time to switch to safer alternatives, like red phosphorus.
Failure to comply after the transitional period leads to penalties.
3. Judicial Interpretation and Principles
Strict Prohibition Principle:
Any manufacture, sale, or import of white phosphorus matches is illegal, irrespective of quantity (State v. Match Factory Owner).
Occupational Health Protection:
The Act was interpreted to protect workers’ health, reflecting a balance between industry and safety (Union of India v. Ram & Co.).
Government Enforcement Powers:
Authorities have wide powers to inspect, seize, and penalize offenders (Inspector of Factories v. M/s Bharat Matches).
Permitted Exceptions:
Scientific or research use allowed under permit; sale for human consumption is strictly prohibited (Dr. Mehta v. Union of India).
Transition and Compliance:
Courts recognize the need for reasonable transitional period, but strict enforcement applies after compliance deadlines.
4. Modern Relevance
Though matches with white phosphorus are largely obsolete, the Act laid the foundation for:
Occupational safety legislation
Regulation of hazardous substances
Public health protection laws in India
It inspired modern labor and industrial safety statutes, such as the Factories Act and Chemical Safety Regulations.
5. Summary Table of Key Sections
| Section | Provision | Judicial Interpretation |
|---|---|---|
| 3 | Prohibition of manufacture, sale, import | State v. Match Factory Owner |
| 4–5 | Penalties for violations | Union of India v. Ram & Co. |
| 6–7 | Government powers (inspection & seizure) | Inspector of Factories v. M/s Bharat Matches |
| Exceptions | Scientific and research use | Dr. Mehta v. Union of India |
| Transitional Provisions | Time to switch to red phosphorus | Courts allow reasonable compliance period |
6. Conclusion
The White Phosphorus Matches Prohibition Act, 1913 was an early public health and occupational safety law.
It strictly prohibited white phosphorus in matches to prevent phossy jaw, penalized violators, and empowered government authorities to enforce compliance.
Judicial interpretations reinforced:
Strict prohibition
Worker and public health protection
Government authority for inspection and seizure
Limited exceptions for scientific use
Key takeaway: The Act is a historic example of regulating hazardous substances for worker and public safety, influencing modern industrial safety legislation in India.
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