Ramco Asbestos WorkersⳠStrike Enters 19th Day at Bhojpur, Bihar
TWA demands investigation into corruption in grant of NOC to Bhojpur⳼br> asbestos plants in Giddha and Bihiya
August 20, 2013: Bihar State Pollution Control Board (BSPCB) is
adopting double standards in the matter of cancellation of Consent to
Establish-cum- No Objection Certificate (NOC) given to asbestos
companies in Bhojpur and Vaishali. World Health Organisation (WHO) and
International Labour Organisation (ILO) have called for the
elimination all kinds of asbestos through their resolution of 2005 and
2006 because it is impossible to use asbestos in a safe and controlled
manner. While BSPCB has taken the right step by cancelling the NOC
granted to Utkal asbestos company to establish asbestos based factory
in Vaishali, it is allowing them in BhojpurⳠBihiya and Giddha,
Koilwar.
In the meanwhile, Ramco asbestos companyⳠfactory continues to
refuse to share the health records of workers with them, the strike by
workers in BhojpurⳠBihiya has entered 19th day amidst demand for the
closure of killer asbestos factory as it poses threat to villagers in
its vicinity. The workers were also on hunger strike too from August
13, 2013 to August 17, 2013.
A team comprising of reporters and researchers from Patna and Delhi
visited the site of workerⳠstrike on August 13, 2013 and were
shocked to find asbestos waste spread around the villages. The workers
informed the team that they have not been informed about the incurable
diseases caused by asbestos fibers although asbestos companies make
the claim to do so in their Environment Impact Assessment Reports.
Communist Party of India (CPI)-[Marxist-Leninist]-LiberationⳠBihia
unit secretary Uttam Kumar sat on dharna from July 22 to 24 July, 2013
demanding closure of the asbestos factory as one of its key demands.
Earlier also the workers of these factories were on strike on July 30,
2012 demanding medical attention. This was communicated by Block
Development Officer, Bihiya, Bhojpur on August 1, 2012 to Sub
Divisional Officer, Jagdishpur, Bhojpur.
In contempt of Supreme CourtⳠorder dated January 27, 1995, the
company is not maintaining and maintaining the health record of every
worker, not conducting Membrane Filter test to detect asbestos fibre
and not insuring health coverage to every worker. It is reliably
learnt that the company does not have qualified occupational health
doctors to undertake these tasks. The company should be asked for a
list of workers employed in the factory, their health records and the
qualification of the doctor assigned to undertake their health
checkup.
In a letter to Chairman, Bihar State Pollution Control Board (BSPCB),
Communist Party of India (CPI)-[Marxist-Leninist]-Liberation has
demanded the closure of BhojpurⳠasbestos based factories because it
is manifestly in violation of BSPCBⳠown guidelines applicable
against location of hazardous asbestos factories in the areas of human
habitation. They have also demanded that the proposed asbestos
factories in West Champarana and Madhubani too should not be allowed
in public interest. Their letter is attached.
The letter observes how BSPCB has done the right thing by citing its
battery limit of 㡠distance of minimum 500 meters from the
National/State Highway, Railway line, river and human habitation䠴o
outlaw the proposal of a asbestos company. The same should be applied
to asbestos based toxic factories in Bhojpur. The letter has demanded
copies of the Environment Impact Assessment (EIA) reports of these
companies.
No amount of sophistry by the companies operating in Bhojpur and some
officials in BSPCB can undermine the gnawing anxiety about risk and
hazardous consequences underlined by WHO and ILO. The BSPCB should
take recourse to pre-existing orders of the Supreme Court and its
legal imagination to outlaw industrial risks from these hazardous
factories. It cannot expect communities in villages around the
hazardous industrial units of Ramco Industries in Bihiya and Utkal
Asbestos Limited in Giddha to become superior risk bearers unlike
villagers of Muzaffarpur and Vaishali where similar plants have been
stopped.
When defending the indefensible asbestos factory becomes a compulsion,
disasters like the one witnessed in the factory of Union Carbide
Corporation (UCC)Ⳡhazardous pesticide plant become the order of the
day. It may be noted that UCC was in asbestos business too and as a
consequence its current owner Dow Chemicals Company has earmarked 2.2
billion US Dollars for compensation to the victims of asbestos related
diseases caused due to the acts of omission and commission by the UCC.
Bihar Government should set up a compensation fund for victims of
asbestos related diseases. It should set a similar fund for
decontamination of asbestos laden public buildings like State⳼br> legislatures and courts.
In BhojpurⳠBihiya, there is a proposal to set up a 120, 000 MT/Annum
capacity of Asbestos Cement Sheet Plant and 200, 000 MT/Annum capacity
of Asbestos Grinding Plant. The total project area is 20 acres and
land is allotted by the state government on lease for 90 years. On
10th May, 2010, the project was discussed by the Experts Appraisal
Committee (EAC), Industry, Union Ministry of Environment & Forests.
In the minutes of the EAC, there explicit reference to "Health
Management Plan for Mesothalimoa, Lung cancer and Asbestosis related
problems in asbestos industries". The plant being established by Tamil
Nadu based Ramco Industries Ltd. Bihar'S State Investment Promotion
Board (SIPB) had cleared its establishment on 23rd November, 2009 with
a total investment of Rs 60.20 crore.
In Bhojpur's Giddha village in Koilwar, Tamil Nadu based Nibhi
Industries Pvt. Ltd had established the 100, 000 MT Capacity Asbestos
Fiber Cement Corrugated Sheet, Flat Sheet and Accessories and Light
Weight Fly Ash Block Plant. They failed to run it and has handed over
the plant to West Bengal based Utkal Asbestos company on lease which
expires in September 2013.
ToxicsWatch Alliance (TWA) demands that the Environment Impact
Assessment (EIA) report s of these factories should be uploaded on
BSPCBⳠwebsite.
These companies procure asbestos from countries like Canada which have
a n home use policy. This is happening because of an incestuous
relationship between ruling parties in Bihar, India, Quebec, Canada
and the asbestos producers. Other asbestos producing countries include
Russia, which is IndiaⳠbiggest supplier.
In a related case (2951/30/0/2011/UC) National Human Rights Commission
had sent a notice related to asbestos related diseases to the Chief
Secretary of Government of Bihar. A reply dated August 13, 2012 was
sent to the Secretary, Environment & Forests Department, Government of
Bihar by BSPCB which was shared with the NHRC. This reply submitted
that at present there are two units of asbestos sheet manufacturing
plants are established in Bihiya and Giddha in Bhojpur district in
Bihar. It revealed that the latter was not working. Its clearances
have expired and a show cause notice was issued to the plant. It
maintained a studied silence about the asbestos factoryⳠoperations
by Utkal Asbestos Limited.
The BSPCB has stated in its affidavit in an ongoing case in Patna High
Court that BSPCBⳠクard has delegated powers to the Chairman with
the Authority to grant/refuse/withdraw/consent both in respect of the
Water & Air Acts subject to the condition that the list of consent
applications granted/refused/withdrawn is placed in the meeting of the
Board.䠉t further contends that 㵮less the petitioner (the company)
conforms to the siting criteria of the BoardⳠGuidelines, question of
consideration of application for its renewal on its own does not
arise.䠔WA demands that the same should be made applicable to the
factories based in Bhojpur.
Supreme Court has examined the carcinogenicity of こBESTOS
(mesothelioma and lung cancer)䠩n the Consumer Education & Research
Centre Vs Union Of India & Others on 27 January, 1995 and observed
that ㉮ man the link of lung cancer with asbestos has been mainly
epidemiological. while asbestosis cannot occur without exposure to
asbestos mad consequently every case of asbestosis must be linked with
such exposure, with pulmonary cancer the situation is quite different.
It is a rather common disease in the general population. The link with
exposure to asbestos is based on finding whether in those exposed to
asbestos is based on finding whether in those exposed to asbestos bang
cancer occurs more frequently than in those unexposed, i.e. whether in
those exposed there is an excess incidence of lung cancers.䨱995 AIR
922, 1995 SCC (3) 42)
TWA demands probe in grant of NOC to BhojpurⳠasbestos plants in
Giddha and Bihiya merits probe in view of the recent development.
Status asbestos factories in Bihar
1) Chennai based Ramco Industries Ltd for establishment 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
2) 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, Ara, Bhojpur. This has been taken on
lease by Utkal Asbestos Limited. Its lease is due to expire in
September 2013.
3) 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
4) 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.
5) 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. Its NOC has
been cancelled but the company has filed a case against the Bihar
Government, villagers⠣ommittee and TWA. TWA is facing a fake case
filed by the company as well.
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. Earlier it was proposed in Industrial Area, Kumarbagh,
Bettiah
Bihar Govt must be made to adopt a policy of not approving asbestos
based industrial projects. All the locations of asbestos based plants
are also simmering with discontent.
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Mb:
08227816731, 09818089660, E-mail: gopalkrishna1715@gmail.com,
www.toxicswatch.org
--
thanks & regards
Gopal Krishna
Mb: 09818089660
E-mail:gopalkrishna1715@gmail.com
Web: www.toxicswatch.org
TWA demands investigation into corruption in grant of NOC to Bhojpur⳼br> asbestos plants in Giddha and Bihiya
August 20, 2013: Bihar State Pollution Control Board (BSPCB) is
adopting double standards in the matter of cancellation of Consent to
Establish-cum- No Objection Certificate (NOC) given to asbestos
companies in Bhojpur and Vaishali. World Health Organisation (WHO) and
International Labour Organisation (ILO) have called for the
elimination all kinds of asbestos through their resolution of 2005 and
2006 because it is impossible to use asbestos in a safe and controlled
manner. While BSPCB has taken the right step by cancelling the NOC
granted to Utkal asbestos company to establish asbestos based factory
in Vaishali, it is allowing them in BhojpurⳠBihiya and Giddha,
Koilwar.
In the meanwhile, Ramco asbestos companyⳠfactory continues to
refuse to share the health records of workers with them, the strike by
workers in BhojpurⳠBihiya has entered 19th day amidst demand for the
closure of killer asbestos factory as it poses threat to villagers in
its vicinity. The workers were also on hunger strike too from August
13, 2013 to August 17, 2013.
A team comprising of reporters and researchers from Patna and Delhi
visited the site of workerⳠstrike on August 13, 2013 and were
shocked to find asbestos waste spread around the villages. The workers
informed the team that they have not been informed about the incurable
diseases caused by asbestos fibers although asbestos companies make
the claim to do so in their Environment Impact Assessment Reports.
Communist Party of India (CPI)-[Marxist-Leninist]-LiberationⳠBihia
unit secretary Uttam Kumar sat on dharna from July 22 to 24 July, 2013
demanding closure of the asbestos factory as one of its key demands.
Earlier also the workers of these factories were on strike on July 30,
2012 demanding medical attention. This was communicated by Block
Development Officer, Bihiya, Bhojpur on August 1, 2012 to Sub
Divisional Officer, Jagdishpur, Bhojpur.
In contempt of Supreme CourtⳠorder dated January 27, 1995, the
company is not maintaining and maintaining the health record of every
worker, not conducting Membrane Filter test to detect asbestos fibre
and not insuring health coverage to every worker. It is reliably
learnt that the company does not have qualified occupational health
doctors to undertake these tasks. The company should be asked for a
list of workers employed in the factory, their health records and the
qualification of the doctor assigned to undertake their health
checkup.
In a letter to Chairman, Bihar State Pollution Control Board (BSPCB),
Communist Party of India (CPI)-[Marxist-Leninist]-Liberation has
demanded the closure of BhojpurⳠasbestos based factories because it
is manifestly in violation of BSPCBⳠown guidelines applicable
against location of hazardous asbestos factories in the areas of human
habitation. They have also demanded that the proposed asbestos
factories in West Champarana and Madhubani too should not be allowed
in public interest. Their letter is attached.
The letter observes how BSPCB has done the right thing by citing its
battery limit of 㡠distance of minimum 500 meters from the
National/State Highway, Railway line, river and human habitation䠴o
outlaw the proposal of a asbestos company. The same should be applied
to asbestos based toxic factories in Bhojpur. The letter has demanded
copies of the Environment Impact Assessment (EIA) reports of these
companies.
No amount of sophistry by the companies operating in Bhojpur and some
officials in BSPCB can undermine the gnawing anxiety about risk and
hazardous consequences underlined by WHO and ILO. The BSPCB should
take recourse to pre-existing orders of the Supreme Court and its
legal imagination to outlaw industrial risks from these hazardous
factories. It cannot expect communities in villages around the
hazardous industrial units of Ramco Industries in Bihiya and Utkal
Asbestos Limited in Giddha to become superior risk bearers unlike
villagers of Muzaffarpur and Vaishali where similar plants have been
stopped.
When defending the indefensible asbestos factory becomes a compulsion,
disasters like the one witnessed in the factory of Union Carbide
Corporation (UCC)Ⳡhazardous pesticide plant become the order of the
day. It may be noted that UCC was in asbestos business too and as a
consequence its current owner Dow Chemicals Company has earmarked 2.2
billion US Dollars for compensation to the victims of asbestos related
diseases caused due to the acts of omission and commission by the UCC.
Bihar Government should set up a compensation fund for victims of
asbestos related diseases. It should set a similar fund for
decontamination of asbestos laden public buildings like State⳼br> legislatures and courts.
In BhojpurⳠBihiya, there is a proposal to set up a 120, 000 MT/Annum
capacity of Asbestos Cement Sheet Plant and 200, 000 MT/Annum capacity
of Asbestos Grinding Plant. The total project area is 20 acres and
land is allotted by the state government on lease for 90 years. On
10th May, 2010, the project was discussed by the Experts Appraisal
Committee (EAC), Industry, Union Ministry of Environment & Forests.
In the minutes of the EAC, there explicit reference to "Health
Management Plan for Mesothalimoa, Lung cancer and Asbestosis related
problems in asbestos industries". The plant being established by Tamil
Nadu based Ramco Industries Ltd. Bihar'S State Investment Promotion
Board (SIPB) had cleared its establishment on 23rd November, 2009 with
a total investment of Rs 60.20 crore.
In Bhojpur's Giddha village in Koilwar, Tamil Nadu based Nibhi
Industries Pvt. Ltd had established the 100, 000 MT Capacity Asbestos
Fiber Cement Corrugated Sheet, Flat Sheet and Accessories and Light
Weight Fly Ash Block Plant. They failed to run it and has handed over
the plant to West Bengal based Utkal Asbestos company on lease which
expires in September 2013.
ToxicsWatch Alliance (TWA) demands that the Environment Impact
Assessment (EIA) report s of these factories should be uploaded on
BSPCBⳠwebsite.
These companies procure asbestos from countries like Canada which have
a n home use policy. This is happening because of an incestuous
relationship between ruling parties in Bihar, India, Quebec, Canada
and the asbestos producers. Other asbestos producing countries include
Russia, which is IndiaⳠbiggest supplier.
In a related case (2951/30/0/2011/UC) National Human Rights Commission
had sent a notice related to asbestos related diseases to the Chief
Secretary of Government of Bihar. A reply dated August 13, 2012 was
sent to the Secretary, Environment & Forests Department, Government of
Bihar by BSPCB which was shared with the NHRC. This reply submitted
that at present there are two units of asbestos sheet manufacturing
plants are established in Bihiya and Giddha in Bhojpur district in
Bihar. It revealed that the latter was not working. Its clearances
have expired and a show cause notice was issued to the plant. It
maintained a studied silence about the asbestos factoryⳠoperations
by Utkal Asbestos Limited.
The BSPCB has stated in its affidavit in an ongoing case in Patna High
Court that BSPCBⳠクard has delegated powers to the Chairman with
the Authority to grant/refuse/withdraw/consent both in respect of the
Water & Air Acts subject to the condition that the list of consent
applications granted/refused/withdrawn is placed in the meeting of the
Board.䠉t further contends that 㵮less the petitioner (the company)
conforms to the siting criteria of the BoardⳠGuidelines, question of
consideration of application for its renewal on its own does not
arise.䠔WA demands that the same should be made applicable to the
factories based in Bhojpur.
Supreme Court has examined the carcinogenicity of こBESTOS
(mesothelioma and lung cancer)䠩n the Consumer Education & Research
Centre Vs Union Of India & Others on 27 January, 1995 and observed
that ㉮ man the link of lung cancer with asbestos has been mainly
epidemiological. while asbestosis cannot occur without exposure to
asbestos mad consequently every case of asbestosis must be linked with
such exposure, with pulmonary cancer the situation is quite different.
It is a rather common disease in the general population. The link with
exposure to asbestos is based on finding whether in those exposed to
asbestos is based on finding whether in those exposed to asbestos bang
cancer occurs more frequently than in those unexposed, i.e. whether in
those exposed there is an excess incidence of lung cancers.䨱995 AIR
922, 1995 SCC (3) 42)
TWA demands probe in grant of NOC to BhojpurⳠasbestos plants in
Giddha and Bihiya merits probe in view of the recent development.
Status asbestos factories in Bihar
1) Chennai based Ramco Industries Ltd for establishment 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
2) 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, Ara, Bhojpur. This has been taken on
lease by Utkal Asbestos Limited. Its lease is due to expire in
September 2013.
3) 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
4) 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.
5) 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. Its NOC has
been cancelled but the company has filed a case against the Bihar
Government, villagers⠣ommittee and TWA. TWA is facing a fake case
filed by the company as well.
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. Earlier it was proposed in Industrial Area, Kumarbagh,
Bettiah
Bihar Govt must be made to adopt a policy of not approving asbestos
based industrial projects. All the locations of asbestos based plants
are also simmering with discontent.
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Mb:
08227816731, 09818089660, E-mail: gopalkrishna1715@gmail.com,
www.toxicswatch.org
--
thanks & regards
Gopal Krishna
Mb: 09818089660
E-mail:gopalkrishna1715@gmail.com
Web: www.toxicswatch.org
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