LM Advisory Committee yet to incorporate ILO resolution
seeking elimination of asbestos.
Hazardous asbestos based factories should be stopped in Bihar
New Delhi/Patna: Union Ministry of Labour set up a 13 member Advisory
Committee on January 23, 2012 to incorporate the ILO resolution of
2006 in the matter of asbestos as per Supreme Court order of 1995 and
2011 under the Chairmanship of A C Pandey, Joint Secretary, Union
Ministry of Labour but ToxicsWatch Alliance (TWA) has learnt that as
of April 2013, the Advisory Committee is yet to submit its report
despite the fact that more than 1 year has passed since it was
entrusted the task. The notification of the Advisory Committee is
attached.
Union Ministry of Labour has revealed that that the ㇯vernment of
India is considering the ban on use of chrysotile asbestos in India to
protect the workers and the general population against primary and
secondary exposure to Chrysotile form of Asbestos" at page no. 28 of
its concept paper at the two-day 5th India-EU Joint Seminar on
㏣cupational Safety and Health䠤uring 19-20 September, 2011.
In a related development in a letter to Shri Nitish Kumar, Hon⢬e
Chief Minister, Government of Bihar, ToxicsWatch Alliance (TWA) has
presented facts as to why hazardous asbestos based factories should be
stopped in Bihar. The letter is attached.
The anti-asbestos struggle is continuing in Bihar despite fake cases
being pursued by the asbestos company.
It is noteworthy that according to the notification of Bihar State
Pollution Control Board (BSPCB), the battery limit of the industrial
site must be at a distance from human habitation, railway line, river,
national or state highway. It is also submitted that as per the
guideline of BSPCB contains the list of major polluting industries
like Asbestos and asbestos-based industries are in the RED Category.
Battery limit of categories of hazardous industries like Asbestos and
asbestos-based industries the battery limit of this industry is 500
metres minimum from the national/ state highways, railway line, river
and habitation. The asbestos based plant in Vaishali and Bhojpur is
within 200-300 metres battery limit from national/state highway,
railway line, river and human habitation.
It has come to light that Prof. Nawal Kisore Yadav, Chairman, Question
& Call Attention Committee, Bihar Legislative Council had written to
the Experts Appraisal Committee, Union Ministry of Environment &
Forests complaining about the ᧲oss violation of law⠢y Utkal
Asbestos Limited (UAL) renamed as M/S U.A.L Industries Limited in its
construction of asbestos based factory at Chaksultan, Rampur, Rajdhari
near Panapur in Kanhauli Dhanraj Panchayat, Goraul, Mahuwa, Vaishali
on 26/06/2011.
TWA has submitted that public health is a State subject under the
Constitution. Bihar Government can teach is a lesson to the Union
Ministry of Environment & Forests which pretends ignorance about its
own Vision Statement on Environment and Health on its website and
continues to grant environmental clearance to such hazardous asbestos
based factories which are banned in over 50 countries. The Vision
Statement reads: "Alternatives to asbestos may be used to the extent
possible and use of asbestos may be phased out."
The central ministryⳠdocument says so at page no. 12. It is
available at http://moef.nic.in/divisions/cpoll/envhealth/visenvhealth.pdf
The central government has technically banned mining of asbestos and
trade in asbestos waste (dust & fibers). By the letter from Union
Ministry of Steel, Mines & Coal, Government of India with reference
no. 7/23/84-AM-III/AM-VI dated 09.07.1986, there is a stay on grant of
new mining lease for asbestos mineral and renewal of the leases. As a
result at present no permission is being given for new mining lease of
asbestos mineral and no lease is being renewed. At present no lease of
asbestos mineral is approved/or in force. The Hazardous Waste
(Management, Handling and Transboundary Movement) Rules, 2010 has
retained the ban on import/export of waste asbestos (dust & fibers).
Union Ministry of Chemical Fertilizers took the right step at the 5th
meeting of the Conference of Parties of the UNⳠRotterdam Convention
on the Prior Informed Consent (PIC) Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade that was held on 20-24
June, 2011 at Geneva by endorsing the inclusion of chrysotile asbestos
(white asbestos) in the list of hazardous chemicals. The next meeting
of Rotterdam Convention will commence on April 28, 2013 wherein
chrysotile asbestos is all set to be included in the PIC list. The
Contact groups under the separate ordinary meeting of the Rotterdam
Convention could start on May 7, 2013 and would be encouraged to
complete their work, if possible, by close of business on May 8, 2013
and not later than by close of business on May 9, 2013. The Chrysotile
asbestos is all set to be listed in the PIC list. The Union Ministry
of Chemicals disassociated India from Canada and other asbestos
producing countries in order to get white asbestos listed in the UN
list of hazardous materials on June 21, 2011.
In a significant development, asbestos industry in Canada has been
buried with the announcement in last week's Canada's federal budget.
In the Canadian budget papers at page 241, headline reads: "Supporting
the Economic Transition of Communities Economically Linked to the
Chrysotile Asbestos Industry" in the Chapter 3.5 titled: Supporting
Families and Communities. By 2010 Canada hardly any customers, its
biggest customer is India with $41 million. The relevant text of the
Canadian Budget Plan is available at
http://www.budget.gc.ca/2013/doc/plan/chap3-5-eng.html
India being the biggest customer of Canadian asbestos, will have to
take steps to look for alternatives of asbestos and have to take steps
to support workers, families and communities who have been adversely
impacted by asbestos exposure without any legal or medical remedy.
Unmindful of such developments including the fact that some 55
countries have banned asbestos, Bihar Environment Minister, Sushil
Modi was briefed wrongly by his officials as a result he has
misinformed the State Assembly about Supreme CourtⳠorder on asbestos
and adverse health impact studies. The attached WHO document reveals
how ILO and WHO has recommended elimination of future use of asbestos
of all forms including white chrysotile asbestos.
The Supreme Court orders of 1995 and 2011 categorically refer to
studies that have established proven relation between asbestos
exposure and incurable lung cancer.
Even World Bank and Asian Development Bank documents underline the
carcinogenic risks of asbestos fibers besides WHO and ILO.
In his reply in the State Assembly, Sushil Kumar Modi, Bihar Minister
of Environment & Forests has been misled into saying ㈯n⢬e Supreme
Court while dismissing the Writ Petition (Civil) No. 260/2004 filed to
get asbestos and products made from it, held that there is no
available credible study on the basis of which direct relationship of
cancer disease with use of asbestos can be proved.䠔his reply in
Hindi is attached along with its English translation.
Contrary to what the Bihar Environment Minister replied in the State
Assembly, Supreme Court in its judgment in the above mentioned case,
dated January 21, 2011at paragraph 14 reads as under:
㮮..In the earlier judgment of this Court in the case
of Consumer Education and Research Centre (supra), hazards arising out
of primary use of asbestos were primarily dealt with, but certainly
secondary exposure also needs to be examined by the Court. In that
judgment, the Court had noticed that it would, thus, be clear that
diseases occurred wherever the exposure to the toxic or carcinogenic
agent occurs, regardless of the country, type of industry, job title,
job assignment or location of exposure. The diseases will follow the
trail of the exposure and extend the chain of the carcinogenic risk
beyond the work place. In that judgment, the Court had also directed
that a review by the Union and the States shall be made after every
ten years and also as and when the ILO gives directions in this behalf
consistent with its recommendations or conventions.
Admittedly, 15 years has expired since the issuance of the directions
by this Court. The ILO also made certain specific directions vide its
resolution of 2006 adopted in the 95th session of the International
Labour Conference. It introduced a ban on all mining, manufacture,
recycling and use of all forms of asbestos. As already noticed,
serious doubts have been raised as to whether `controlled use' can be
effectively implemented even with regard to secondary exposure. These
are circumstances which fully require the concerned
quarters/authorities in the Government of India as well as the State
Governments to examine/review the matter in accordance with law,
objectively, to achieve the greater health care of the poor strata of
the country who are directly or indirectly engaged in mining or
manufacturing activities of asbestos and/or allied products.伢r>
The Supreme Court in its judgment dated January 21, 2011 in Writ
Petition (Civil) No.260 of 2004 referred to its directions of January
27, 1995 in the Writ Petition (Civil) No. 206 of 1986 that are
required to be strictly adhered to including fresh International
Labour Organisation (ILO) resolution on Asbestos dated June 14, 2006.
The 1995 judgement quoted in 2011 order is attached.
It is clear that the Supreme Court has taken note of the resolution of
WHO and ILO which seek elimination of all forms of asbestos.
Bihar Environment Minister was asked: Is it true that due to pollution
happening due to asbestos factories, diseases like Mesothelioma,
Asbestosis, lung cancer occur which is hazardous to health?
He replied, 㓯 far there has been no study in the country to
establish this fact in a credible manner.伢r>
Bihar Environment Minister should note that as Union Health Minister,
Sushma Swaraj has informed the Parliament on August 13, 2003, ㅴhe
Indian Council of Medical Research (ICMR) is of the view that long
term exposure to any type of asbestos can lead to development of
asbestosis, lung cancer and Mesothelioma䠡nd referred to the need for
complying with ㉌O directions䠡s per Supreme Court order.
Bihar Environment Minister should note that Environment Impact
Assessment (EIA) reports of the asbestos companies also categorically
admit to the relationship between exposure to asbestos and diseases
like mesothelioma, asbestosis and lung cancer.
Union Minister of Health and Family Welfare, Dr. C.P. Thakur informed
the Parliament on August 22, 2001 that 㓯me of the countries in the
world like France, U.K., Sweden, Norway, Denmark, Netherland, Finland,
Germany, Italy, Belgium, Austria, Poland and Saudi Arabia have banned
the use of Asbestos䮼br>
On December 24, 2012, Awadesh Narain Singh, Chairman, Bihar
Legislative Council expressed his strong opposition to such hazardous
plants and expressed grief at such plants being set in Bihar at A N
Sinha Institute of Social Studies in his inaugural address to a
Conference on Environmental and Occupational Health co-organised by
ToxicsWatch Alliance. He expressed unhappiness at the fact that such a
plant has been set up next to educational institution in Giddha,
Koilwar, Bhojpur. His valuable speech is available on www.youtube.com.
Bihar Environment Minister, a member of Bihar Legislative Council
(BLC) appears ignorant about the views of Chairman, BLC, Dr Thakur and
Smt Sushma Swaraj regarding asbestos hazards.
It must be noted that Secretary (Labour), Bihar was a member of a 11
member Working Group of a Planning Commission to prepare the Xth Five
Year Plan on Occupational Safety and Health at the workplace under the
Chairmanship of Vinod Vaish, Secretary, Ministry of Labour,
Government of India vide their order no. M-13015/9/2000-LEM/LP dated
27.04.2001.
In its 159 page report dated September 2001, the Working Group noted
that 㔨e workers are also exposed to a host of hazardous substances,
which have a potential to cause serious occupational diseases such as
asbestosis唠It has recorded that various studies conducted by the
Central Labour Institute have revealed substantial prevalence of
occupational health disorders amongst the workers such as Asbestosis.
The prevalence rate for Asbestosis was reported to be 7.25%. It has
been acknowledged that ぴ the same time the number of occupational
diseases reported is very meager唨is makes it evident that early
identification of occupational diseases is required. It has
recommended that 㔯 meet these requirements, measures are needed for
diagnostic facilities and appropriate training in the field of
occupational health. Occupational health hazards and diseases to the
workmen employed in asbestos industries are of great concern to the
industries, Govt. and the public. The Honorable Supreme Court of India
in its judgement dated 27th January, 1995 relating to the Public
Interest Litigation No.206 of 1986 had given several directions
concerning the protective measures to be taken against the hazards of
exposure to asbestos at workplaces such as mining and manufacturing
activities. In the light of Supreme Court directives, it is proposed
to launch a comprehensive programme for the protection of the health
of the workers engaged in hazardous industries with adequate
mechanisms for monitoring of work environment and diagnosis and
control of disease.伢r>
It is noteworthy that Dow Chemicals Company has set aside $2.2 billion
in compensation fund to address future asbestos-related liabilities
arising out of acquisition of Union Carbide Corporation and its Indian
investments in 1999. Many manufacturers of asbestos-containing
products have gone bankrupt in USA as a result of asbestos litigation.
Notably, World Bank has a policy against asbestos since 1991. "The
Bank increasingly prefers to avoid financing asbestos use...Thus, at
any mention of asbestos in Bank-assisted projects, the Task Manager
needs to exercise special care." (World BankⳠEnvironmental
Assessment Sourcebook, Vol. 3, World Bank Technical Paper #154) The
guideline says: 㔨e onus is on proponents to show the unavailability
of alternatives.伢r>
A 229 page report of Asian Development Bank (ADB) titled ㉮dia:
Preparing the Bihar Urban Development Project煮vironmental Impact
Assessment for Bhagalpur Water Supply䬠Project Number: 7106 prepared
for Urban Development and Housing Department, Government of Bihar in
June 2011 at page no. 94 deals with Asbestos Cement (AC) Pipes. It
reads: の additional, particularly acute health risk presented by
this subproject derives from the fact that, the existing water supply
system may comprises partially AC pipes, so there is a risk of contact
with carcinogenic material if these pipes are uncovered in the course
of the work.伢r>
Unmindful such a background the status of asbestos based factories in
Bihar is as under:
1) Kolkata based UAL Industries Ltd for Establishment of 2, 33, 000 MT
per year capacity Asbestos Cement Sheet and Corrugated Sheets Plant in
two phases at Goraul, Vaishali in the name of UAL-Bihar. This has been
suspended temporarily. The Hon⢬e Chief Minister met a delegation on
February 13, 2013 in Patna at his residence and has assured them that
he is also opposed to such hazardous plants.
2) Chennai based Ramco Industries Ltd has two plants of 1,20,000
MT/Annum Capacity of Asbestos Cement Sheet Plant and 2 Lakh MT/Annum
Capacity of Cement Grinding Plant at Industrial Area, Bihiya, Bhojpur.
It faces consistent opposition from the residents of Bihya. They have
given memorandum to the District Magistrate against it. The aggrieved
persons have complained to the Chairperson, Bihar State Pollution
Control Board as well.
3) Chennai based Nibhi Industries Pvt. Ltd for establishment of the
One Lakh MT Capacity Asbestos Fiber Cement Corrugated Sheet, Flat
Sheet and Accessories and Light Weight Fly Ash Block Plant at
Industrial Growth Centre, Giddha, Koilwar, Bhojpur. This has been
taken on lease by Utkal Asbestos Limited (UAL), the company whose
proposal for the plant has been stopped by the villagers in Vaishali.
Paryavaran Swathya Surkasha Samiti, Koilwar has been protesting
against this hazardous plant. It has given memorandum to the District
Magistrate against it.
4) Andhra Pradesh based Hyderabad Industries Ltd for establishment of
2,50,000 MT per year capacity Asbestos Cement Sheeting Plant in two
Phases at Kumarbagh Industrial Area, West Champaran. This plant too
faces protest. There is a case against this proposed plant in the
lower court.
5) Kolkata based Balmukund Cement & Roofings Ltd for establishment of
1.5 Lakh MT capacity production unit of Asbestos Fiber Cement Sheet
(Corrugated/Flat) and Accessories at Chainpur-Bishunpur, Marwan,
Muzaffarpur. This has been stopped following bitter opposition by
villagers for 2 years. Bihar State Human Rights Commission announced
the fact that the plant has been wound up.
6) Rajasthan based A Infrastructure Ltd for establishment of 1, 25,
000 MT per year capacity Asbestos Cement (A.C.) Sheet and 1,00,000 MT
per year capacity A.C. Pressure Pipe at Pandaul Industrial Area,
Madhubani.
Bihar Government must be made to adopt a policy of zero tolerance
against asbestos based industrial projects. All the locations where
asbestos plants are proposed are simmering with discontent. These
hazardous projects must be abandoned.
Government of Bihar should also set up a compensation fund to provide
compensation to the asbestos victims of past exposure by making
asbestos based companies liable for knowingly exposing workers,
consumers and citizens to asbestos fibers.
Bihari migrant workers who are involved in the shipbreaking industrial
on Alang beach, Bhavnagar, Gujarat are routinely exposed to asbestos
fibers.
TWA has demanded creation a database of the workers who handle
asbestos so that Government of Bihar can pursue the case of legal and
medical remedy for these workers who are bound to suffer from asbestos
related incurable diseases.
State Government can express its sensitivity towards migrant workers
who work in hazardous industries in other States by creating a
database of such workers so that when they are found to be suffering
from occupational diseases, the Government can demand from the
concerned companies and the relevant States.
In view of the above, it is quite clear that there is a compelling
logic for the central government and the BiharⳠMinistry of
Environment & Forests to initiate elimination of asbestos based
products and to decontaminate building of asbestos fibers.
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Phone:
+91-11-2651781, Fax: +91-11-26517814, Mb:09818089660
E-mail: gopalkrishna1715@gmail.com , Web: www.toxicswatch.org
seeking elimination of asbestos.
Hazardous asbestos based factories should be stopped in Bihar
New Delhi/Patna: Union Ministry of Labour set up a 13 member Advisory
Committee on January 23, 2012 to incorporate the ILO resolution of
2006 in the matter of asbestos as per Supreme Court order of 1995 and
2011 under the Chairmanship of A C Pandey, Joint Secretary, Union
Ministry of Labour but ToxicsWatch Alliance (TWA) has learnt that as
of April 2013, the Advisory Committee is yet to submit its report
despite the fact that more than 1 year has passed since it was
entrusted the task. The notification of the Advisory Committee is
attached.
Union Ministry of Labour has revealed that that the ㇯vernment of
India is considering the ban on use of chrysotile asbestos in India to
protect the workers and the general population against primary and
secondary exposure to Chrysotile form of Asbestos" at page no. 28 of
its concept paper at the two-day 5th India-EU Joint Seminar on
㏣cupational Safety and Health䠤uring 19-20 September, 2011.
In a related development in a letter to Shri Nitish Kumar, Hon⢬e
Chief Minister, Government of Bihar, ToxicsWatch Alliance (TWA) has
presented facts as to why hazardous asbestos based factories should be
stopped in Bihar. The letter is attached.
The anti-asbestos struggle is continuing in Bihar despite fake cases
being pursued by the asbestos company.
It is noteworthy that according to the notification of Bihar State
Pollution Control Board (BSPCB), the battery limit of the industrial
site must be at a distance from human habitation, railway line, river,
national or state highway. It is also submitted that as per the
guideline of BSPCB contains the list of major polluting industries
like Asbestos and asbestos-based industries are in the RED Category.
Battery limit of categories of hazardous industries like Asbestos and
asbestos-based industries the battery limit of this industry is 500
metres minimum from the national/ state highways, railway line, river
and habitation. The asbestos based plant in Vaishali and Bhojpur is
within 200-300 metres battery limit from national/state highway,
railway line, river and human habitation.
It has come to light that Prof. Nawal Kisore Yadav, Chairman, Question
& Call Attention Committee, Bihar Legislative Council had written to
the Experts Appraisal Committee, Union Ministry of Environment &
Forests complaining about the ᧲oss violation of law⠢y Utkal
Asbestos Limited (UAL) renamed as M/S U.A.L Industries Limited in its
construction of asbestos based factory at Chaksultan, Rampur, Rajdhari
near Panapur in Kanhauli Dhanraj Panchayat, Goraul, Mahuwa, Vaishali
on 26/06/2011.
TWA has submitted that public health is a State subject under the
Constitution. Bihar Government can teach is a lesson to the Union
Ministry of Environment & Forests which pretends ignorance about its
own Vision Statement on Environment and Health on its website and
continues to grant environmental clearance to such hazardous asbestos
based factories which are banned in over 50 countries. The Vision
Statement reads: "Alternatives to asbestos may be used to the extent
possible and use of asbestos may be phased out."
The central ministryⳠdocument says so at page no. 12. It is
available at http://moef.nic.in/divisions/cpoll/envhealth/visenvhealth.pdf
The central government has technically banned mining of asbestos and
trade in asbestos waste (dust & fibers). By the letter from Union
Ministry of Steel, Mines & Coal, Government of India with reference
no. 7/23/84-AM-III/AM-VI dated 09.07.1986, there is a stay on grant of
new mining lease for asbestos mineral and renewal of the leases. As a
result at present no permission is being given for new mining lease of
asbestos mineral and no lease is being renewed. At present no lease of
asbestos mineral is approved/or in force. The Hazardous Waste
(Management, Handling and Transboundary Movement) Rules, 2010 has
retained the ban on import/export of waste asbestos (dust & fibers).
Union Ministry of Chemical Fertilizers took the right step at the 5th
meeting of the Conference of Parties of the UNⳠRotterdam Convention
on the Prior Informed Consent (PIC) Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade that was held on 20-24
June, 2011 at Geneva by endorsing the inclusion of chrysotile asbestos
(white asbestos) in the list of hazardous chemicals. The next meeting
of Rotterdam Convention will commence on April 28, 2013 wherein
chrysotile asbestos is all set to be included in the PIC list. The
Contact groups under the separate ordinary meeting of the Rotterdam
Convention could start on May 7, 2013 and would be encouraged to
complete their work, if possible, by close of business on May 8, 2013
and not later than by close of business on May 9, 2013. The Chrysotile
asbestos is all set to be listed in the PIC list. The Union Ministry
of Chemicals disassociated India from Canada and other asbestos
producing countries in order to get white asbestos listed in the UN
list of hazardous materials on June 21, 2011.
In a significant development, asbestos industry in Canada has been
buried with the announcement in last week's Canada's federal budget.
In the Canadian budget papers at page 241, headline reads: "Supporting
the Economic Transition of Communities Economically Linked to the
Chrysotile Asbestos Industry" in the Chapter 3.5 titled: Supporting
Families and Communities. By 2010 Canada hardly any customers, its
biggest customer is India with $41 million. The relevant text of the
Canadian Budget Plan is available at
http://www.budget.gc.ca/2013/doc/plan/chap3-5-eng.html
India being the biggest customer of Canadian asbestos, will have to
take steps to look for alternatives of asbestos and have to take steps
to support workers, families and communities who have been adversely
impacted by asbestos exposure without any legal or medical remedy.
Unmindful of such developments including the fact that some 55
countries have banned asbestos, Bihar Environment Minister, Sushil
Modi was briefed wrongly by his officials as a result he has
misinformed the State Assembly about Supreme CourtⳠorder on asbestos
and adverse health impact studies. The attached WHO document reveals
how ILO and WHO has recommended elimination of future use of asbestos
of all forms including white chrysotile asbestos.
The Supreme Court orders of 1995 and 2011 categorically refer to
studies that have established proven relation between asbestos
exposure and incurable lung cancer.
Even World Bank and Asian Development Bank documents underline the
carcinogenic risks of asbestos fibers besides WHO and ILO.
In his reply in the State Assembly, Sushil Kumar Modi, Bihar Minister
of Environment & Forests has been misled into saying ㈯n⢬e Supreme
Court while dismissing the Writ Petition (Civil) No. 260/2004 filed to
get asbestos and products made from it, held that there is no
available credible study on the basis of which direct relationship of
cancer disease with use of asbestos can be proved.䠔his reply in
Hindi is attached along with its English translation.
Contrary to what the Bihar Environment Minister replied in the State
Assembly, Supreme Court in its judgment in the above mentioned case,
dated January 21, 2011at paragraph 14 reads as under:
㮮..In the earlier judgment of this Court in the case
of Consumer Education and Research Centre (supra), hazards arising out
of primary use of asbestos were primarily dealt with, but certainly
secondary exposure also needs to be examined by the Court. In that
judgment, the Court had noticed that it would, thus, be clear that
diseases occurred wherever the exposure to the toxic or carcinogenic
agent occurs, regardless of the country, type of industry, job title,
job assignment or location of exposure. The diseases will follow the
trail of the exposure and extend the chain of the carcinogenic risk
beyond the work place. In that judgment, the Court had also directed
that a review by the Union and the States shall be made after every
ten years and also as and when the ILO gives directions in this behalf
consistent with its recommendations or conventions.
Admittedly, 15 years has expired since the issuance of the directions
by this Court. The ILO also made certain specific directions vide its
resolution of 2006 adopted in the 95th session of the International
Labour Conference. It introduced a ban on all mining, manufacture,
recycling and use of all forms of asbestos. As already noticed,
serious doubts have been raised as to whether `controlled use' can be
effectively implemented even with regard to secondary exposure. These
are circumstances which fully require the concerned
quarters/authorities in the Government of India as well as the State
Governments to examine/review the matter in accordance with law,
objectively, to achieve the greater health care of the poor strata of
the country who are directly or indirectly engaged in mining or
manufacturing activities of asbestos and/or allied products.伢r>
The Supreme Court in its judgment dated January 21, 2011 in Writ
Petition (Civil) No.260 of 2004 referred to its directions of January
27, 1995 in the Writ Petition (Civil) No. 206 of 1986 that are
required to be strictly adhered to including fresh International
Labour Organisation (ILO) resolution on Asbestos dated June 14, 2006.
The 1995 judgement quoted in 2011 order is attached.
It is clear that the Supreme Court has taken note of the resolution of
WHO and ILO which seek elimination of all forms of asbestos.
Bihar Environment Minister was asked: Is it true that due to pollution
happening due to asbestos factories, diseases like Mesothelioma,
Asbestosis, lung cancer occur which is hazardous to health?
He replied, 㓯 far there has been no study in the country to
establish this fact in a credible manner.伢r>
Bihar Environment Minister should note that as Union Health Minister,
Sushma Swaraj has informed the Parliament on August 13, 2003, ㅴhe
Indian Council of Medical Research (ICMR) is of the view that long
term exposure to any type of asbestos can lead to development of
asbestosis, lung cancer and Mesothelioma䠡nd referred to the need for
complying with ㉌O directions䠡s per Supreme Court order.
Bihar Environment Minister should note that Environment Impact
Assessment (EIA) reports of the asbestos companies also categorically
admit to the relationship between exposure to asbestos and diseases
like mesothelioma, asbestosis and lung cancer.
Union Minister of Health and Family Welfare, Dr. C.P. Thakur informed
the Parliament on August 22, 2001 that 㓯me of the countries in the
world like France, U.K., Sweden, Norway, Denmark, Netherland, Finland,
Germany, Italy, Belgium, Austria, Poland and Saudi Arabia have banned
the use of Asbestos䮼br>
On December 24, 2012, Awadesh Narain Singh, Chairman, Bihar
Legislative Council expressed his strong opposition to such hazardous
plants and expressed grief at such plants being set in Bihar at A N
Sinha Institute of Social Studies in his inaugural address to a
Conference on Environmental and Occupational Health co-organised by
ToxicsWatch Alliance. He expressed unhappiness at the fact that such a
plant has been set up next to educational institution in Giddha,
Koilwar, Bhojpur. His valuable speech is available on www.youtube.com.
Bihar Environment Minister, a member of Bihar Legislative Council
(BLC) appears ignorant about the views of Chairman, BLC, Dr Thakur and
Smt Sushma Swaraj regarding asbestos hazards.
It must be noted that Secretary (Labour), Bihar was a member of a 11
member Working Group of a Planning Commission to prepare the Xth Five
Year Plan on Occupational Safety and Health at the workplace under the
Chairmanship of Vinod Vaish, Secretary, Ministry of Labour,
Government of India vide their order no. M-13015/9/2000-LEM/LP dated
27.04.2001.
In its 159 page report dated September 2001, the Working Group noted
that 㔨e workers are also exposed to a host of hazardous substances,
which have a potential to cause serious occupational diseases such as
asbestosis唠It has recorded that various studies conducted by the
Central Labour Institute have revealed substantial prevalence of
occupational health disorders amongst the workers such as Asbestosis.
The prevalence rate for Asbestosis was reported to be 7.25%. It has
been acknowledged that ぴ the same time the number of occupational
diseases reported is very meager唨is makes it evident that early
identification of occupational diseases is required. It has
recommended that 㔯 meet these requirements, measures are needed for
diagnostic facilities and appropriate training in the field of
occupational health. Occupational health hazards and diseases to the
workmen employed in asbestos industries are of great concern to the
industries, Govt. and the public. The Honorable Supreme Court of India
in its judgement dated 27th January, 1995 relating to the Public
Interest Litigation No.206 of 1986 had given several directions
concerning the protective measures to be taken against the hazards of
exposure to asbestos at workplaces such as mining and manufacturing
activities. In the light of Supreme Court directives, it is proposed
to launch a comprehensive programme for the protection of the health
of the workers engaged in hazardous industries with adequate
mechanisms for monitoring of work environment and diagnosis and
control of disease.伢r>
It is noteworthy that Dow Chemicals Company has set aside $2.2 billion
in compensation fund to address future asbestos-related liabilities
arising out of acquisition of Union Carbide Corporation and its Indian
investments in 1999. Many manufacturers of asbestos-containing
products have gone bankrupt in USA as a result of asbestos litigation.
Notably, World Bank has a policy against asbestos since 1991. "The
Bank increasingly prefers to avoid financing asbestos use...Thus, at
any mention of asbestos in Bank-assisted projects, the Task Manager
needs to exercise special care." (World BankⳠEnvironmental
Assessment Sourcebook, Vol. 3, World Bank Technical Paper #154) The
guideline says: 㔨e onus is on proponents to show the unavailability
of alternatives.伢r>
A 229 page report of Asian Development Bank (ADB) titled ㉮dia:
Preparing the Bihar Urban Development Project煮vironmental Impact
Assessment for Bhagalpur Water Supply䬠Project Number: 7106 prepared
for Urban Development and Housing Department, Government of Bihar in
June 2011 at page no. 94 deals with Asbestos Cement (AC) Pipes. It
reads: の additional, particularly acute health risk presented by
this subproject derives from the fact that, the existing water supply
system may comprises partially AC pipes, so there is a risk of contact
with carcinogenic material if these pipes are uncovered in the course
of the work.伢r>
Unmindful such a background the status of asbestos based factories in
Bihar is as under:
1) Kolkata based UAL Industries Ltd for Establishment of 2, 33, 000 MT
per year capacity Asbestos Cement Sheet and Corrugated Sheets Plant in
two phases at Goraul, Vaishali in the name of UAL-Bihar. This has been
suspended temporarily. The Hon⢬e Chief Minister met a delegation on
February 13, 2013 in Patna at his residence and has assured them that
he is also opposed to such hazardous plants.
2) Chennai based Ramco Industries Ltd has two plants of 1,20,000
MT/Annum Capacity of Asbestos Cement Sheet Plant and 2 Lakh MT/Annum
Capacity of Cement Grinding Plant at Industrial Area, Bihiya, Bhojpur.
It faces consistent opposition from the residents of Bihya. They have
given memorandum to the District Magistrate against it. The aggrieved
persons have complained to the Chairperson, Bihar State Pollution
Control Board as well.
3) Chennai based Nibhi Industries Pvt. Ltd for establishment of the
One Lakh MT Capacity Asbestos Fiber Cement Corrugated Sheet, Flat
Sheet and Accessories and Light Weight Fly Ash Block Plant at
Industrial Growth Centre, Giddha, Koilwar, Bhojpur. This has been
taken on lease by Utkal Asbestos Limited (UAL), the company whose
proposal for the plant has been stopped by the villagers in Vaishali.
Paryavaran Swathya Surkasha Samiti, Koilwar has been protesting
against this hazardous plant. It has given memorandum to the District
Magistrate against it.
4) Andhra Pradesh based Hyderabad Industries Ltd for establishment of
2,50,000 MT per year capacity Asbestos Cement Sheeting Plant in two
Phases at Kumarbagh Industrial Area, West Champaran. This plant too
faces protest. There is a case against this proposed plant in the
lower court.
5) Kolkata based Balmukund Cement & Roofings Ltd for establishment of
1.5 Lakh MT capacity production unit of Asbestos Fiber Cement Sheet
(Corrugated/Flat) and Accessories at Chainpur-Bishunpur, Marwan,
Muzaffarpur. This has been stopped following bitter opposition by
villagers for 2 years. Bihar State Human Rights Commission announced
the fact that the plant has been wound up.
6) Rajasthan based A Infrastructure Ltd for establishment of 1, 25,
000 MT per year capacity Asbestos Cement (A.C.) Sheet and 1,00,000 MT
per year capacity A.C. Pressure Pipe at Pandaul Industrial Area,
Madhubani.
Bihar Government must be made to adopt a policy of zero tolerance
against asbestos based industrial projects. All the locations where
asbestos plants are proposed are simmering with discontent. These
hazardous projects must be abandoned.
Government of Bihar should also set up a compensation fund to provide
compensation to the asbestos victims of past exposure by making
asbestos based companies liable for knowingly exposing workers,
consumers and citizens to asbestos fibers.
Bihari migrant workers who are involved in the shipbreaking industrial
on Alang beach, Bhavnagar, Gujarat are routinely exposed to asbestos
fibers.
TWA has demanded creation a database of the workers who handle
asbestos so that Government of Bihar can pursue the case of legal and
medical remedy for these workers who are bound to suffer from asbestos
related incurable diseases.
State Government can express its sensitivity towards migrant workers
who work in hazardous industries in other States by creating a
database of such workers so that when they are found to be suffering
from occupational diseases, the Government can demand from the
concerned companies and the relevant States.
In view of the above, it is quite clear that there is a compelling
logic for the central government and the BiharⳠMinistry of
Environment & Forests to initiate elimination of asbestos based
products and to decontaminate building of asbestos fibers.
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Phone:
+91-11-2651781, Fax: +91-11-26517814, Mb:09818089660
E-mail: gopalkrishna1715@gmail.com , Web: www.toxicswatch.org
No comments:
Post a Comment