Massive Legal Win for Kebaowek First Nation And Allies Against Proposed
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Human rights defenders who spoke at Rio+20 Peoples’ Summit killed
Written By Krishna on Saturday, June 30, 2012 | 7:36 PM
On 24 and 25 June 2012 the bodies of human rights defenders Mr Almir Nogueira de Amorim and Mr João Luiz Telles Penetra were found following their disappearance on 23 June 2012.
Almir Nogueira de Amorim and João Luiz Telles Penetra, or "Pituca" as he was known, were both leaders of the Associação Homens do Mar – AHOMAR (Association of Sea Men) which was set up in 2009 to defend the rights of the fisher-folk working in Rio de Janeiro, Brazil and particularly those affected by the construction of a gas pipeline for Petrobras. Since the founding of the organisation its members have reported being subjected to death threats, physical attacks and killings. According to AHOMAR's members, the attacks are perpetrated by people linked to death squads, security guards hired by the companies in charge of building pipelines and militias operating in the region.
On the afternoon of 25 June 2012, João Luiz Telles Penetra's body was found on the banks of Guanabara Bay by employees of a shipyard. The fisherman's corpse was bound at his hands and feet by rope. The previous day, at around midday, the body of Almir Nogueira de Amorim was found tied to his boat. He had bruises on his neck and the boat had several holes in the hull.
On 22 June 2012, at approximately 4:00pm, Almir Nogueira de Amorim went to João Luiz Telles Penetra's home in Ilha de Paquetá, a neighbourhood in Rio de Janeiro, to collect him to go fishing. It is common practice for fishermen in the region to go at that time and return late at night or early the following day. When they had not returned by the following day, local fishermen and fire fighters began a search of the Guanabara Bay.
Almir Nogueira de Amorim was a founding member and vocal activist of AHOMAR. João Luiz Telles Penetra was the leader of the association in Ilha de Paquetá and had been a key figure in a new campaign launched by the organisation. He led the struggle against Petrobras' construction plans in Guaxindiba river, located within the Área de Proteção Ambiental Guapimirim (Environmental Protected Area of Guapimirim). The oil company wants to deepen the river to create a waterway, which would eliminate any possibility of fishing in these waters.
Almir Nogueira de Amorim and João Luiz Telles Penetra are not the first members of AHOMAR to be murdered. On 19 January 2010, fisherman and human rights defender Marcio Amaro was assassinated one day after a demonstration organised by AHOMAR took place in front of the Petrobras headquarters in downtown Rio de Janeiro. Prior to his killing Marcio Amaro had filed a formal complaint concerning the presence of unlawfully armed men in Petrobras construction sites in Guanabara Bay. On 22 May 2009 Paulo César dos Santos Souza, former treasurer of the association, was killed in front of his wife and children after being shot in the head five times. The crime occurred six hours after a government inspection decided to stop the pipeline construction due to irregularities. To date no one has been brought to justice for these killings.
The president of AHOMAR Mr Alexandre Anderson de Souza, has been under the National Protection Programme for Human Rights Defenders for the past three years. However he, and his family, still face many risks. Reportedly at least three other leaders of AHOMAR received death threats in recent months. Even with the high rate of violence in the region of Mauá and all the threats faced by human rights defenders, the only police station covering the region was shut down on 13 February 2012.
In a message., Prof. Marcelo Firpo said,“I was with two fishermen on 19 June in a meeting at Peoples´Summit discussing the impacts of big projects (basically oil, mining and steel) in Rio de Janeiro State. Three days later they disappeared when went to work. They have just been found dead. The media is considering this case without importance and we will need more national and international pressure in order to protect other people and to investigate who have killed them.” Prof. Marcelo Firpo is a partner of EJOLT (Environmental Justice Organizations, Liabilities and Trade), a European project that brings together a global consortium of activists.
Front Line Defenders, International Foundation for the Protection of Human Rights Defenders believes the murder of Almir Nogueira de Amorim and João Luiz Telles Penetra is directly related to their human rights activities, in particular their work to defend the rights of the fisherfolk in Rio de Janeiro, and is seriously concerned for the physical and psychological integrity of their family members and other members of the association.
Almir Nogueira de Amorim and João Luiz Telles Penetra, or "Pituca" as he was known, were both leaders of the Associação Homens do Mar – AHOMAR (Association of Sea Men) which was set up in 2009 to defend the rights of the fisher-folk working in Rio de Janeiro, Brazil and particularly those affected by the construction of a gas pipeline for Petrobras. Since the founding of the organisation its members have reported being subjected to death threats, physical attacks and killings. According to AHOMAR's members, the attacks are perpetrated by people linked to death squads, security guards hired by the companies in charge of building pipelines and militias operating in the region.
On the afternoon of 25 June 2012, João Luiz Telles Penetra's body was found on the banks of Guanabara Bay by employees of a shipyard. The fisherman's corpse was bound at his hands and feet by rope. The previous day, at around midday, the body of Almir Nogueira de Amorim was found tied to his boat. He had bruises on his neck and the boat had several holes in the hull.
On 22 June 2012, at approximately 4:00pm, Almir Nogueira de Amorim went to João Luiz Telles Penetra's home in Ilha de Paquetá, a neighbourhood in Rio de Janeiro, to collect him to go fishing. It is common practice for fishermen in the region to go at that time and return late at night or early the following day. When they had not returned by the following day, local fishermen and fire fighters began a search of the Guanabara Bay.
Almir Nogueira de Amorim was a founding member and vocal activist of AHOMAR. João Luiz Telles Penetra was the leader of the association in Ilha de Paquetá and had been a key figure in a new campaign launched by the organisation. He led the struggle against Petrobras' construction plans in Guaxindiba river, located within the Área de Proteção Ambiental Guapimirim (Environmental Protected Area of Guapimirim). The oil company wants to deepen the river to create a waterway, which would eliminate any possibility of fishing in these waters.
Almir Nogueira de Amorim and João Luiz Telles Penetra are not the first members of AHOMAR to be murdered. On 19 January 2010, fisherman and human rights defender Marcio Amaro was assassinated one day after a demonstration organised by AHOMAR took place in front of the Petrobras headquarters in downtown Rio de Janeiro. Prior to his killing Marcio Amaro had filed a formal complaint concerning the presence of unlawfully armed men in Petrobras construction sites in Guanabara Bay. On 22 May 2009 Paulo César dos Santos Souza, former treasurer of the association, was killed in front of his wife and children after being shot in the head five times. The crime occurred six hours after a government inspection decided to stop the pipeline construction due to irregularities. To date no one has been brought to justice for these killings.
The president of AHOMAR Mr Alexandre Anderson de Souza, has been under the National Protection Programme for Human Rights Defenders for the past three years. However he, and his family, still face many risks. Reportedly at least three other leaders of AHOMAR received death threats in recent months. Even with the high rate of violence in the region of Mauá and all the threats faced by human rights defenders, the only police station covering the region was shut down on 13 February 2012.
In a message., Prof. Marcelo Firpo said,“I was with two fishermen on 19 June in a meeting at Peoples´Summit discussing the impacts of big projects (basically oil, mining and steel) in Rio de Janeiro State. Three days later they disappeared when went to work. They have just been found dead. The media is considering this case without importance and we will need more national and international pressure in order to protect other people and to investigate who have killed them.” Prof. Marcelo Firpo is a partner of EJOLT (Environmental Justice Organizations, Liabilities and Trade), a European project that brings together a global consortium of activists.
Front Line Defenders, International Foundation for the Protection of Human Rights Defenders believes the murder of Almir Nogueira de Amorim and João Luiz Telles Penetra is directly related to their human rights activities, in particular their work to defend the rights of the fisherfolk in Rio de Janeiro, and is seriously concerned for the physical and psychological integrity of their family members and other members of the association.
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Movement of US ship Exxon Valdez in Indian waters illegal: ToxicsWatch
Our Bureau
New Delhi, June 29 :
Environmentalist group, ToxicsWatch Alliance, has raised alarm bells against the permission being granted to a “hazardous” and “dead” US ship Exxon Valdez to dock in Alang beach, Gujarat.
The ship has been allowed to enter Indian waters in violation of the Supreme Court order, says an open letter by Mr Gopal Krishna, Convenor, TWA, written to the CBI Director, Mr A.P Singh, with copies marked to all the Ministers and authorities concerned at the Centre and Gujarat.
“In violation of the Supreme Court order dated May 3, 2012, in the matter of dead US ship Exxon Valdez/shipbreaking/hazardous wastes/case (Writ Petition Civil 657 of 1995), it is reliably learnt that the hazardous and end-of-life US vessel has got permission to anchor off Bhavnagar from the Gujarat Maritime Board (GMB) on June 28, 2012,” it said.
The letter said the vessel, moving to Bhavnagar under the pretext of inspection by the GMB and the Gujarat Pollution Control Board (GPCB), was carrying hazardous materials such as asbestos and polychlorinated biphenyls that posed a grave threat to the marine environment as well as workers who handle it.
Referring to the hearing on the matter on June 25, 2012, wherein the court refused the shipowner of ex Exxon Valdez any relief, the letter said the vacation bench of Justice Mr H. L. Gokhle and Justice Ms Ranjana Prakash Desai ordered that the matter of dead US ship Exxon Valdez should be placed before the appropriate bench.
Mr Krishna said apart from the threat to the marine ecology, workers too faced grave danger. “Workers labour on tidal sands to cut ships up by hand, exposing themselves to the risk of toxic chemicals, fires, explosions and falling steel plates,” he said, and added that dismantling the hazardous vessel could not be achieved on a tidal beach, as was currently being done.
The letter cautioned against the entry of another dead and hazardous US flagged ship, Delaware Trader (IMO No. 8008929) which had been cleared by the US Maritime Administration for dismantling in the shipbreaking yards of Alang. “It (the ship) was last reported at the Port of Maputo, Mozambique on 13 June, 2012,” he said, and demanded that it be stopped from entering Indian waters immediately.
Pointing out that over 5,000 dead foreign ships had been dumped at Alang since 1982 threatening the maritime environment, TWA urged the CBI and other agencies concerned to co-ordinate their efforts to stop the “green washing “ of sins by countries such as the US in vulnerable places such as India, Bangladesh and Pakistan.
Keywords: ToxicsWatch Alliance, US ship, Exxon Valdez, Alang beach, Gujarat, India, Bangladesh, Pakistan, Supreme Court order, Mr Gopal Krishna, Mr A.P Singh, US Maritime Administration, Port of Maputo, Mozambique,
June 30, 2012
http://www.thehindubusinessline.com/industry-and-economy/logistics/article3584541.ece
Movement of US ship Exxon Valdez in Indian waters illegal: ToxicsWatch
Our Bureau
New Delhi, June 29 :
Environmentalist group, ToxicsWatch Alliance, has raised alarm bells against the permission being granted to a “hazardous” and “dead” US ship Exxon Valdez to dock in Alang beach, Gujarat.
The ship has been allowed to enter Indian waters in violation of the Supreme Court order, says an open letter by Mr Gopal Krishna, Convenor, TWA, written to the CBI Director, Mr A.P Singh, with copies marked to all the Ministers and authorities concerned at the Centre and Gujarat.
“In violation of the Supreme Court order dated May 3, 2012, in the matter of dead US ship Exxon Valdez/shipbreaking/hazardous wastes/case (Writ Petition Civil 657 of 1995), it is reliably learnt that the hazardous and end-of-life US vessel has got permission to anchor off Bhavnagar from the Gujarat Maritime Board (GMB) on June 28, 2012,” it said.
The letter said the vessel, moving to Bhavnagar under the pretext of inspection by the GMB and the Gujarat Pollution Control Board (GPCB), was carrying hazardous materials such as asbestos and polychlorinated biphenyls that posed a grave threat to the marine environment as well as workers who handle it.
Referring to the hearing on the matter on June 25, 2012, wherein the court refused the shipowner of ex Exxon Valdez any relief, the letter said the vacation bench of Justice Mr H. L. Gokhle and Justice Ms Ranjana Prakash Desai ordered that the matter of dead US ship Exxon Valdez should be placed before the appropriate bench.
Mr Krishna said apart from the threat to the marine ecology, workers too faced grave danger. “Workers labour on tidal sands to cut ships up by hand, exposing themselves to the risk of toxic chemicals, fires, explosions and falling steel plates,” he said, and added that dismantling the hazardous vessel could not be achieved on a tidal beach, as was currently being done.
The letter cautioned against the entry of another dead and hazardous US flagged ship, Delaware Trader (IMO No. 8008929) which had been cleared by the US Maritime Administration for dismantling in the shipbreaking yards of Alang. “It (the ship) was last reported at the Port of Maputo, Mozambique on 13 June, 2012,” he said, and demanded that it be stopped from entering Indian waters immediately.
Pointing out that over 5,000 dead foreign ships had been dumped at Alang since 1982 threatening the maritime environment, TWA urged the CBI and other agencies concerned to co-ordinate their efforts to stop the “green washing “ of sins by countries such as the US in vulnerable places such as India, Bangladesh and Pakistan.
Keywords: ToxicsWatch Alliance, US ship, Exxon Valdez, Alang beach, Gujarat, India, Bangladesh, Pakistan, Supreme Court order, Mr Gopal Krishna, Mr A.P Singh, US Maritime Administration, Port of Maputo, Mozambique,
June 30, 2012
http://www.thehindubusinessline.com/industry-and-economy/logistics/article3584541.ece
After urban water policy, Haryana comes up with rural water policy, forgets about industrial water policy
Written By Krishna on Friday, June 29, 2012 | 11:00 AM
Note: Haryana Government had notified Haryana State Urban Water Policy for year 2012 for the prevention of the water wastage and also for its conservation in April 2012. What has changed since then. Policies are not laws. State's industrialization, urbanization and Special Economic Zones (SEZ) policies are is unsustainable. This policy needs change for dealing with water scarcity both in villages and cities.
The case of Gurgaon district reveals that the real problem lies somewhere else. Out of 34 SEZs earmarked for Haryana, 30 are in Gurgaon district. It has the largest number of 30 SEZs in the country. Banning of installation of tubewells in Gurgaon district is the step in the right direction.
But the setting up of the Gorakhpur Nuclear Power Plant in the Fatehabad district of the state is not neither the right step nor is it a step in the right direction. Farmers are campaigning against it. In a water scarce state the proposal of Nuclear Power Corporation of India Ltd (NPCIL) to set up a 2,800-MW power plant at a cost of `13,000 crores is quite myopic. The core issue is: what is Haryana Government's Industrial Water Policy? How does it allow nuclear power plants that requires huge quantity of water.
Gopal Krishna
ToxicsWatch Alliance
Haryana formulates rural water policy
Chandigarh, June 27: The Haryana Government has formulated a rural water policy for the state for the year 2012 to save precious drinking water by preventing wastage due to unmetered connections and open taps.
A spokesman of the Public Health Engineering Department said that this policy has been formulated keeping in view the present scenario of wastage of water through unmetered connections provided to consumers in rural areas, which are being billed on a flat rate basis.
The policy reflects the resolve of the state Government to bring about conservation of water and prevent wastage and reduction in non-revenue water in rural areas of the state.
He said that under this policy individual household metered connections would be provided to 50 per cent of the rural population by the end of 12th Five-Year Plan.
Also, the consumers would be billed on the basis of volumetric consumption of water instead of flat rates, he added.
PTI
http://www.thehindubusinessline.com/industry-and-economy/government-and-policy/article3577073.ece
The case of Gurgaon district reveals that the real problem lies somewhere else. Out of 34 SEZs earmarked for Haryana, 30 are in Gurgaon district. It has the largest number of 30 SEZs in the country. Banning of installation of tubewells in Gurgaon district is the step in the right direction.
But the setting up of the Gorakhpur Nuclear Power Plant in the Fatehabad district of the state is not neither the right step nor is it a step in the right direction. Farmers are campaigning against it. In a water scarce state the proposal of Nuclear Power Corporation of India Ltd (NPCIL) to set up a 2,800-MW power plant at a cost of `13,000 crores is quite myopic. The core issue is: what is Haryana Government's Industrial Water Policy? How does it allow nuclear power plants that requires huge quantity of water.
Gopal Krishna
ToxicsWatch Alliance
Haryana formulates rural water policy
Chandigarh, June 27: The Haryana Government has formulated a rural water policy for the state for the year 2012 to save precious drinking water by preventing wastage due to unmetered connections and open taps.
A spokesman of the Public Health Engineering Department said that this policy has been formulated keeping in view the present scenario of wastage of water through unmetered connections provided to consumers in rural areas, which are being billed on a flat rate basis.
The policy reflects the resolve of the state Government to bring about conservation of water and prevent wastage and reduction in non-revenue water in rural areas of the state.
He said that under this policy individual household metered connections would be provided to 50 per cent of the rural population by the end of 12th Five-Year Plan.
Also, the consumers would be billed on the basis of volumetric consumption of water instead of flat rates, he added.
PTI
http://www.thehindubusinessline.com/industry-and-economy/government-and-policy/article3577073.ece
In Haryana, you are punished if you fight corruption!
In Haryana, you are punished if you fight corruption!
June 29, 2012 15:08 IST
Sanjiv Chaturvedi, an officer of Indian Forest Service in Haryana, has been forced to go on leave for unearthing several scams worth several cores in the forest department of the state. Gopal Krishna reports.
Sanjiv Chaturvedi, a Haryana cadre officer of Indian Forest Service, been forced to proceed on earned leave from June 3. Chaturvedi is a whistleblower who tried to resist and expose corruption in the Congress-led government in Haryana.
It all started when Chaturvedi stopped the destruction of Saraswati wildlife sanctuary, Kurukshetra, at the hands of influential contractors of the state irrigation department in violation of Supreme Court orders and provisions of the forest and wildlife laws. The destruction would have happened due to construction of an irrigation canal through the sanctuary without statutory clearance. It is noteworthy that Haryana's share of forest cover is the lowest in the country. The Saraswati sanctuary is home to about 200 hog deer. It is believed that Saraswati, the mythical river, flows beneath the surface of the sanctuary.
Chaturvedi has been fighting back while remaining within the system but it seems he is tired now. He has been forced to go on leave in spite of his work getting support from many quarters.
The ministry of environment and forest said in March: "Having regard to the advice of the Central Vigilance Commissioner and facts of the case…the issues raised (by Chaturvedi) …are worthy of an independent probe by an investigating agency."
The CVC has said on December 16, 2011, that, "The Central Bureau of Investigation has now informed… that issues raised by Chaturvedi are worthy of an independent probe." Even, CBI says, it is "willing to take over the investigation of the matter… "
Chaturvedi's allegations against the Bhupinder Singh Hooda-led government are worthy of investigations but still he has been transferred. Chaturvedi received a new appointment order on March 26, for the post of deputy secretary, All India Institute of Medical Sciences, New Delhi, with instruction for immediate relieving from Haryana.
When Chaturvedi was not relieved, the Union ministry of environment and forests sent a telegram on May 7 to the state chief secretary for immediate relieving of the officer. This has not been complied with till date.
The ministry sent yet another reminder on May 21, but the chief secretary still did not for relieve him. On May 31, secretary, Union ministry of health, wrote a DO letter to the chief secretary for immediate relieving of the officer in view of the urgent works to be undertaken at AIIMS as per the recommendation of a parliamentary committee despite this the Haryana government has chosen not to relieve Chaturvedi. Thus, the officer has chosen to go on leave. The Haryana government doesn't want to relieve him due to fear that once he goes out of the state he may speak out on the issue.
From Kurukshetra, Chaturvedi was transferred to Fatehabad on May 30, 2007. Here Chaturvedi stopped the illegal expenditure of public funds, in creating private assets in the name of a herbal park on the private land of Prahlad Singh Gillakhera, an influential Congress politician, who was very close to then Haryana forest minister Kiran Chaudhary and is now chief parliamentary secretary, Haryana.
The state government had proposed to build herbal parks for eco-preservation seven years ago. These plans have run into trouble. The government has been busy investing crores of rupees on private land in the village of the Congress leader although government land was available.
Chaturvedi was placed under suspension by the Haryana chief minister without citing any reasons in the order on August 3, 2007. He was punished for resisting corruption. In April 2008, a voluntary organisation Ekta Parishad moved court in the herbal park case. In August, 2008 the Prime Minister's Office sought a reply in the matter from the state but Hooda government did not respond.
The state government transferred the management of the private land to the forest department in February 2009 unmindful of the fact that transfer of management under Section 38 of the Indian Forest Act, 1972, does not affect ownership of the land.
Continuing its harassment of this honest officer, the Haryana government issued a departmental charge-sheet to the officer for dismissal/removal from the service on September 14, 2007. In a major embarrassment, the suspension order of officer was revoked by the government of India on January 3, 2008. It passed severe strictures against the state government. Despite this, the Haryana government did not withdraw the chargesheet because then forest minister Choudhry returned the file for further comments which remained there till Choudhry was minister.
After the November 2009 assembly polls, Captain Ajay Singh Yadav succeeded Choudhry as the state forest minister but nothing changed. An inquiry officer was appointed in May 2010 -- three years after the charge-sheet to ensure that Chaturvedi is not promoted, not sent on deputation or not even be allowed to quit the service at a time when his next promotion was due.
Chaturvedi has been framed in concocted cases like stealing a Kachnar tree, abetment to suicide and he was referred to as a 'person of a dubious character' in the charge-sheet. After the suspension was lifted, Chaturvedi was put in a non-cadre post which was stayed by the Central Administrative Tribunal. He was finally posted as divisional forest officer, Jhajjar, in January 2009.
Within one month in Jhajjar, he unearthed a fake plantation scam worth several crores. A charge-sheet was served on 40 forest staffers, and 10 were suspended. Suspecting involvement of senior officers, Chaturvedi insisted on a vigilance probe. Instead, the chief minister's office had him transferred to Hisar in August 2009.
In Hisar, Chaturvedi unearthed yet another plantation scam and confronted his seniors by repeatedly seeking permission to initiate criminal proceedings for the embezzlement of public funds. In January 2010 when he sealed a large plywood unit that had in collusion with senior forest officers deposited Rs 26,000 instead of Rs 22 lakh as licence fee. The CMO responded by declaring his post vacant when he was away on official training in a foreign country for 18 days in March 2010.
Chaturvedi reported about large scale embezzlement of government funds worth crores of rupees in the name of fake plantation, in Jhajjar division in February, 2009. On the orders of the state information commission, the office of principal secretary (forest), Haryana had to pay compensation to Chaturvedi and had to concede in writing that he was framed wrongly in a charge-sheet in April 2009.
In August 2009, the officer was transferred abruptly from Jhajjar to Hisar (territorial) Division at the written direction of the chief minister, with the order being officer specific, clearly showed that he was being removed to soft-pedal the inquiry into the multi-crore plantation scam. In this scam, 40 field staff, including five range officers suspended/chargesheeted, on the report of Chaturvedi but no senior officer was touched.
When his harassment continued, Chaturvedi submitted a detailed representation on August 16, 2010 to the cabinet secretary, government of India, about his harassment. This included 12 posting orders in five years, illegal suspension, false police cases, a fabricated charge-sheet kept pending for more than three years to deny promotion, deputation, etc. He reported about the corruption and violation of rules cases exposed by him. He made a submission to the President under Rule 25 of All India Services (Discipline & Appeal) Rules, 1969 as well on August 30, 2010. As a result a two member inquiry committee was constituted by the Union ministry of environment & forest on the directions of cabinet secretariat on September 15, 2010.
The inquiry report of December 2010 found that the allegations made by Chaturvedi were true and recommended quashing of fabricated charge-sheet against him. The report recommended CBI inquiry into corruption/violation cases in view of the direction involvement of chief minister's office, certain ministers and senior bureaucrats including the younger sister of the then Haryana chief secretary.
On January 9, 2011, based on the inquiry committee report, the departmental charge-sheet issued to the officer by the state government was quashed by the President. It was second such extraordinary intervention in just three years and perhaps the first case in the history of independent India when the President had to quash the charge-sheet, once again with severe strictures.
It was observed that the officer was charge-sheeted for implementing the orders of Supreme Court and upholding the rule of law and that the charge-sheet was deliberately kept pending to block the promotion, deputation, etc. Earlier, the President has quashed the suspension of the officer. Thus, the Hooda government remains unashamed despite having been snubbed twice by presidential orders.
When the charge-sheet was quashed, Chaturvedi applied for central deputation in January, 2011. His case was forwarded by the state government. Following this the Secretary, MoEF wrote a DO letter to chief secretary for protection of the officer and for sending his case for central deputation in September, 2011. .
Pursuant to MoEF reference, the CVC issued an advisory for protection of Chaturvedi and stopping his harassment on July 13, 2011 but no protection has been provided to him till date. On August 8, 2011, the CVC referred the case of Saraswati wildlife sanctuary to the CBI for opinion. The CBI found the case fit case for investigation on November 1, 2011.
The CVC approved the CBI's opinion on December 16, 2011 and asked the MoEF to take up the issue of registration of the FIR and subsequent transfer of case to CBI. The MoEF asked the Haryana government to register an FIR on March 1, 2012 and issued the notification regarding the CBI investigation. The corruption cases are likely to involve Hooda's office, his cabinet colleague Choudhry and about a dozen IFS and IAS officers.
Underlining Chaturvedi's growing stature as an anti-corruption crusader, he was invited by the prestigious National Police Academy, Hyderabad to address the IPS probationers and to act as a resource faculty on anti-corruption strategies on May 4, 2012.
In the meanwhile, Minister for Department of Personnel and Training V Narayanasamy informed the PMO as per a confidential note dated on February 16, 2012 that Centre does not have jurisdiction to intervene in violations of central acts in states or to protect whistleblowers even if the officers belong to the all-India services. This note was cited by the Haryana forest minister in the state assembly on March 6, 2012 in its defence against a CBI probe ordered by the MoEF into the multi-crore forestry scams and violations of forest and wildlife laws in the state.
The whistleblower, who has been facing harassment since 2007, has demanded a CBI probe. The MoEF and CVC have conceded merit in the demand and recommended a probe.
There seems to be more than mere questionable legal wisdom behind the DoPT note that was leaked, found its way to the assembly, and ended up saving the day for the Hooda government. On March 7, when the state wrote to the MoEF arguing against the CBI probe, it defended its indefensible acts by using the legally and constitutionally questionable DoPT note to stall the imminent an CBI probe.
Is it not quite obvious as to why is Hooda government is not relieving Chaturvedi to take up the central assignment?
Revealing the current situation, the CVC asked the MOEF in March to update it about the actions being taken. MoEF in its reply of March 23 observed, "the action of the government was in the manner of regularising the violation, ex-post" and dismissed Hooda government's claim. Prior to Chaturvedi's move to go on leave in June, the PMO sought a report from MoEF on May 3 about the implementation of the recommendations of the two-member inquiry committee.
Chaturvedi in a letter on June 9 to Ajit Seth, Union cabinet secretary wrote, "Because of the continuous harassment, victimization and witch hunting being faced for past five years not only my personal life has been devastated but it has also severely affected mental health of my aged parents ,who are residing alone in Lucknow, and finally, I had to proceed on leave from June 3,in view of my inability to sustain the torture unleashed on me.
"Sir, this is the worst kind of witch-hunting and if the government of India is sincere to the words delivered in the above mentioned speech at civil services day, you are requested to immediately intervene to issue appropriate directions to the Haryana government for my relieving and to get entire episode enquired into by the CBI, as per the recommendations of CVC, to fix the accountability in this case."
This officer's life and efforts appears to be in danger zone. Will it be too late before the CBI concludes its probe and the PMO wakes up from its slumber?
http://www.rediff.com/news/special/in-haryana-you-are-punished-if-you-fight-corruption/20120629.htm
June 29, 2012 15:08 IST
Sanjiv Chaturvedi, an officer of Indian Forest Service in Haryana, has been forced to go on leave for unearthing several scams worth several cores in the forest department of the state. Gopal Krishna reports.
Sanjiv Chaturvedi, a Haryana cadre officer of Indian Forest Service, been forced to proceed on earned leave from June 3. Chaturvedi is a whistleblower who tried to resist and expose corruption in the Congress-led government in Haryana.
It all started when Chaturvedi stopped the destruction of Saraswati wildlife sanctuary, Kurukshetra, at the hands of influential contractors of the state irrigation department in violation of Supreme Court orders and provisions of the forest and wildlife laws. The destruction would have happened due to construction of an irrigation canal through the sanctuary without statutory clearance. It is noteworthy that Haryana's share of forest cover is the lowest in the country. The Saraswati sanctuary is home to about 200 hog deer. It is believed that Saraswati, the mythical river, flows beneath the surface of the sanctuary.
Chaturvedi has been fighting back while remaining within the system but it seems he is tired now. He has been forced to go on leave in spite of his work getting support from many quarters.
The ministry of environment and forest said in March: "Having regard to the advice of the Central Vigilance Commissioner and facts of the case…the issues raised (by Chaturvedi) …are worthy of an independent probe by an investigating agency."
The CVC has said on December 16, 2011, that, "The Central Bureau of Investigation has now informed… that issues raised by Chaturvedi are worthy of an independent probe." Even, CBI says, it is "willing to take over the investigation of the matter… "
Chaturvedi's allegations against the Bhupinder Singh Hooda-led government are worthy of investigations but still he has been transferred. Chaturvedi received a new appointment order on March 26, for the post of deputy secretary, All India Institute of Medical Sciences, New Delhi, with instruction for immediate relieving from Haryana.
When Chaturvedi was not relieved, the Union ministry of environment and forests sent a telegram on May 7 to the state chief secretary for immediate relieving of the officer. This has not been complied with till date.
The ministry sent yet another reminder on May 21, but the chief secretary still did not for relieve him. On May 31, secretary, Union ministry of health, wrote a DO letter to the chief secretary for immediate relieving of the officer in view of the urgent works to be undertaken at AIIMS as per the recommendation of a parliamentary committee despite this the Haryana government has chosen not to relieve Chaturvedi. Thus, the officer has chosen to go on leave. The Haryana government doesn't want to relieve him due to fear that once he goes out of the state he may speak out on the issue.
From Kurukshetra, Chaturvedi was transferred to Fatehabad on May 30, 2007. Here Chaturvedi stopped the illegal expenditure of public funds, in creating private assets in the name of a herbal park on the private land of Prahlad Singh Gillakhera, an influential Congress politician, who was very close to then Haryana forest minister Kiran Chaudhary and is now chief parliamentary secretary, Haryana.
The state government had proposed to build herbal parks for eco-preservation seven years ago. These plans have run into trouble. The government has been busy investing crores of rupees on private land in the village of the Congress leader although government land was available.
Chaturvedi was placed under suspension by the Haryana chief minister without citing any reasons in the order on August 3, 2007. He was punished for resisting corruption. In April 2008, a voluntary organisation Ekta Parishad moved court in the herbal park case. In August, 2008 the Prime Minister's Office sought a reply in the matter from the state but Hooda government did not respond.
The state government transferred the management of the private land to the forest department in February 2009 unmindful of the fact that transfer of management under Section 38 of the Indian Forest Act, 1972, does not affect ownership of the land.
Continuing its harassment of this honest officer, the Haryana government issued a departmental charge-sheet to the officer for dismissal/removal from the service on September 14, 2007. In a major embarrassment, the suspension order of officer was revoked by the government of India on January 3, 2008. It passed severe strictures against the state government. Despite this, the Haryana government did not withdraw the chargesheet because then forest minister Choudhry returned the file for further comments which remained there till Choudhry was minister.
After the November 2009 assembly polls, Captain Ajay Singh Yadav succeeded Choudhry as the state forest minister but nothing changed. An inquiry officer was appointed in May 2010 -- three years after the charge-sheet to ensure that Chaturvedi is not promoted, not sent on deputation or not even be allowed to quit the service at a time when his next promotion was due.
Chaturvedi has been framed in concocted cases like stealing a Kachnar tree, abetment to suicide and he was referred to as a 'person of a dubious character' in the charge-sheet. After the suspension was lifted, Chaturvedi was put in a non-cadre post which was stayed by the Central Administrative Tribunal. He was finally posted as divisional forest officer, Jhajjar, in January 2009.
Within one month in Jhajjar, he unearthed a fake plantation scam worth several crores. A charge-sheet was served on 40 forest staffers, and 10 were suspended. Suspecting involvement of senior officers, Chaturvedi insisted on a vigilance probe. Instead, the chief minister's office had him transferred to Hisar in August 2009.
In Hisar, Chaturvedi unearthed yet another plantation scam and confronted his seniors by repeatedly seeking permission to initiate criminal proceedings for the embezzlement of public funds. In January 2010 when he sealed a large plywood unit that had in collusion with senior forest officers deposited Rs 26,000 instead of Rs 22 lakh as licence fee. The CMO responded by declaring his post vacant when he was away on official training in a foreign country for 18 days in March 2010.
Chaturvedi reported about large scale embezzlement of government funds worth crores of rupees in the name of fake plantation, in Jhajjar division in February, 2009. On the orders of the state information commission, the office of principal secretary (forest), Haryana had to pay compensation to Chaturvedi and had to concede in writing that he was framed wrongly in a charge-sheet in April 2009.
In August 2009, the officer was transferred abruptly from Jhajjar to Hisar (territorial) Division at the written direction of the chief minister, with the order being officer specific, clearly showed that he was being removed to soft-pedal the inquiry into the multi-crore plantation scam. In this scam, 40 field staff, including five range officers suspended/chargesheeted, on the report of Chaturvedi but no senior officer was touched.
When his harassment continued, Chaturvedi submitted a detailed representation on August 16, 2010 to the cabinet secretary, government of India, about his harassment. This included 12 posting orders in five years, illegal suspension, false police cases, a fabricated charge-sheet kept pending for more than three years to deny promotion, deputation, etc. He reported about the corruption and violation of rules cases exposed by him. He made a submission to the President under Rule 25 of All India Services (Discipline & Appeal) Rules, 1969 as well on August 30, 2010. As a result a two member inquiry committee was constituted by the Union ministry of environment & forest on the directions of cabinet secretariat on September 15, 2010.
The inquiry report of December 2010 found that the allegations made by Chaturvedi were true and recommended quashing of fabricated charge-sheet against him. The report recommended CBI inquiry into corruption/violation cases in view of the direction involvement of chief minister's office, certain ministers and senior bureaucrats including the younger sister of the then Haryana chief secretary.
On January 9, 2011, based on the inquiry committee report, the departmental charge-sheet issued to the officer by the state government was quashed by the President. It was second such extraordinary intervention in just three years and perhaps the first case in the history of independent India when the President had to quash the charge-sheet, once again with severe strictures.
It was observed that the officer was charge-sheeted for implementing the orders of Supreme Court and upholding the rule of law and that the charge-sheet was deliberately kept pending to block the promotion, deputation, etc. Earlier, the President has quashed the suspension of the officer. Thus, the Hooda government remains unashamed despite having been snubbed twice by presidential orders.
When the charge-sheet was quashed, Chaturvedi applied for central deputation in January, 2011. His case was forwarded by the state government. Following this the Secretary, MoEF wrote a DO letter to chief secretary for protection of the officer and for sending his case for central deputation in September, 2011. .
Pursuant to MoEF reference, the CVC issued an advisory for protection of Chaturvedi and stopping his harassment on July 13, 2011 but no protection has been provided to him till date. On August 8, 2011, the CVC referred the case of Saraswati wildlife sanctuary to the CBI for opinion. The CBI found the case fit case for investigation on November 1, 2011.
The CVC approved the CBI's opinion on December 16, 2011 and asked the MoEF to take up the issue of registration of the FIR and subsequent transfer of case to CBI. The MoEF asked the Haryana government to register an FIR on March 1, 2012 and issued the notification regarding the CBI investigation. The corruption cases are likely to involve Hooda's office, his cabinet colleague Choudhry and about a dozen IFS and IAS officers.
Underlining Chaturvedi's growing stature as an anti-corruption crusader, he was invited by the prestigious National Police Academy, Hyderabad to address the IPS probationers and to act as a resource faculty on anti-corruption strategies on May 4, 2012.
In the meanwhile, Minister for Department of Personnel and Training V Narayanasamy informed the PMO as per a confidential note dated on February 16, 2012 that Centre does not have jurisdiction to intervene in violations of central acts in states or to protect whistleblowers even if the officers belong to the all-India services. This note was cited by the Haryana forest minister in the state assembly on March 6, 2012 in its defence against a CBI probe ordered by the MoEF into the multi-crore forestry scams and violations of forest and wildlife laws in the state.
The whistleblower, who has been facing harassment since 2007, has demanded a CBI probe. The MoEF and CVC have conceded merit in the demand and recommended a probe.
There seems to be more than mere questionable legal wisdom behind the DoPT note that was leaked, found its way to the assembly, and ended up saving the day for the Hooda government. On March 7, when the state wrote to the MoEF arguing against the CBI probe, it defended its indefensible acts by using the legally and constitutionally questionable DoPT note to stall the imminent an CBI probe.
Is it not quite obvious as to why is Hooda government is not relieving Chaturvedi to take up the central assignment?
Revealing the current situation, the CVC asked the MOEF in March to update it about the actions being taken. MoEF in its reply of March 23 observed, "the action of the government was in the manner of regularising the violation, ex-post" and dismissed Hooda government's claim. Prior to Chaturvedi's move to go on leave in June, the PMO sought a report from MoEF on May 3 about the implementation of the recommendations of the two-member inquiry committee.
Chaturvedi in a letter on June 9 to Ajit Seth, Union cabinet secretary wrote, "Because of the continuous harassment, victimization and witch hunting being faced for past five years not only my personal life has been devastated but it has also severely affected mental health of my aged parents ,who are residing alone in Lucknow, and finally, I had to proceed on leave from June 3,in view of my inability to sustain the torture unleashed on me.
"Sir, this is the worst kind of witch-hunting and if the government of India is sincere to the words delivered in the above mentioned speech at civil services day, you are requested to immediately intervene to issue appropriate directions to the Haryana government for my relieving and to get entire episode enquired into by the CBI, as per the recommendations of CVC, to fix the accountability in this case."
This officer's life and efforts appears to be in danger zone. Will it be too late before the CBI concludes its probe and the PMO wakes up from its slumber?
http://www.rediff.com/news/special/in-haryana-you-are-punished-if-you-fight-corruption/20120629.htm
Asbestos laden Japan built vessel MV TIRAN to enter Indian waters
Press Release
Asbestos laden Japan built vessel MV TIRAN to enter Indian waters
Encouraged by the illegal entry of asbestos & PCB laden US ship, ex Exxon Valdez
CBI asked to stop entry of dead US ships like Delaware Trader
New Delhi, June 29, 2012: Asbestos laden Japan built vessel MV TIRAN (ex Sirorat Naree, Gulf Glory, Ocean Fortress is likely to reach Indian waters on June 30, 2012 under Panama flag. Its last position as of June 27, 2012 was in Persian Gulf. Its last known port was Mina Saqr. Its last flag was Thailand when its registered owner was Precious Diamonds Pvt Ltd in 2009. Its IMO No is 8316302. This Cargo vessel was built in the year 1984 by Kanasashi Heavy Industries. Its length x breadth is 172 m X 27 m.
Asbestos is discovered in flange gaskets, coatings, pipe insulation and in accommodation areas. The classification societies are facing allegations of wrongly issuing Safety of Life at Sea (Solas) certificates for ships containing asbestos. Numerous cases of asbestos laden ships have come to light due to the laxity of Classification societies in accepting asbestos-free certificates or statements from shipyards for equipment installations without checking their accuracy.
Unlike USA, Japan is a party to UN’s Basel Convention on Transboundary of Hazardous Wastes and Their Disposal but has been adversarial to it. India is a party to the Convention whose Article 4-2 (d) requires it to” Ensure that the transboundary movement of hazardous wastes and other wastes is reduced to the minimum consistent with the environmentally sound and efficient management of such wastes, and is conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement.” As pre India’s Hazardous Waste Management Rules, 2008 trade in asbestos waste (dust and fibers) is banned. There is complete ban on asbestos use, trade and manufacturing in Japan.
A 15-member delegation of Japan Shipowners' Association had visited Alang ship breaking yard on February 14, 2012 and met Gujarat chief minister Narendra Modi on February 13 in order to make Alang's 170 recycling plots, spread over a 10 kilometre stretch fit for Japanese end-of-life ships to be dumped on Alang beach without any hassle for recycling. Japan outs its dead ships transferred as it commands 25-30 per cent share in global shipping business.
Unmindful of the fact that both the ship breaking industry and environmental groups are opposed to International Maritime Organization (IMO)’s Hong Kong protocol for safe and environmentally-friendly recycling, formulated in 2009, the Japanese delegation campaigned for it to be adopted.
It is noteworthy that in July 2002, the IMO’s Maritime Safety Committee (MSC) banned under Solas the installation of asbestos on new buildings and existing ships, with a few exceptions. A total ban was introduced on 1 January 2011. But it has come to light that asbestos in end-of-life vessels continues to be of major concern.
This poses serious risks to the health of crew members, ship surveyors and inspectors and persons working in ship breaking yard facilities. The fact is that asbestos-containing materials (ACMs) were still being found in such places as fire blankets, joint and insulation materials, some sealants and friction material for brakes, as well as wall and ceiling coverings.
The surveyors are not properly trained to identify asbestos and where it is most likely to be found. The Directorate General of Shipping, Union Ministry of Shipping should note that declarations from the recycling shipyards are useless because they do not have control over the incoming hazardous materials.
ToxicsWatch Alliance (TWA) demands that a high powered team of toxicologists should be asked to survey presence of asbestos on end-of-life ships that enters Indian waters and also those which are which used by Indian Navy to save workers and soldiers from exposure of carcinogenic fibers.
It has come to light that the Solas ban has been flouted. Of 140 vessels inspected, asbestos was discovered on 114. The checks covered ships delivered by yards since 1 January 2003, which meant they all fell under the Solas convention. This has come to public domain in a report of Tradewinds titled “Asbestos ‘failure’ by class societies” authored by Geoff Garfield.
Both Japan built vessel MV TIRAN and the controversial US ship, ex Exxon Valdez are laden with asbestos and PCBs.
Japan has hatched a plan to skirt the Basel Convention and liberalize and promote toxic waste trade among their global neighbors in Asia. One of the key components of this plan includes utilization of bilateral trade agreements. The manner in which these trade agreements are being used constitutes non-compliance with the Basel Convention.
Environmental health groups are opposed to Free Trade Agreements (FTAs) including one with countries that allows status quo to continue with regard to hazardous waste trade. The FTA with Japan is highly regressive as it is an effort to outwit the intent of the Basel Convention. Government of India is quite secretive about the agreements with Japanese government and EU. These groups have been campaigning against the India-EU FTA that entails such free trade in hazardous waste.
In a letter dated June 28, 2012 to Director, CBI, TWA has drawn the attention towards US flagged ship called Delaware Trader (IMO No. 8008929) as well and has sought his intervention to ensure that such ships are not allowed to enter Indian waters.
The letter argues that such movements of end-of-life vessels “must be halted to demonstrate that Indian law enforcement agencies are not subservient to US Ship Disposal Policy” in compliance with two of Supreme Court's orders of October 14, 2003 and September 6, 2007, the relevant part reads: "At the international Level, India should participate...with a clear mandate for the decontamination of ships of their hazardous substances such as asbestos, waste oil, gas and PCBs prior to exports to India for breaking" besides the May 3, 2012 order. In its order dated June 25, 2012, Supreme Court’s Vacation Bench of Justice HL Gokhle and Justice Ranjana Prakash Desai has ordered that the matter of dead US ship Exxon Valdez should be placed before the appropriate Bench. The ship owners had tried their luck even before another Vacation Bench of Justice Deepak Verma and Justice Sudhanshu Jyoti Mukhopadhya on May 14. Both the benches have refused any relief to the owners of US hazardous dead vessel.
TWA’s letter demands that “CBI and other concerned agencies ought to coordinate their efforts to demonstrate sensitivity towards Indian environmental borders which is routinely being compromised so much so that since 1982 till date more than 5000 dead foreign ships have been dumped in India's fragile coastal environment of Alang beach.”
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA) Mb: 08002263335, 09818089660, E-mail:krishna1715@gmail.com, Phone: +91-11-26517814, Fax: +91-11-26517814 Web: toxicswatch.blogspot.com, banasbestosindia.blogspot.com
Asbestos laden Japan built vessel MV TIRAN to enter Indian waters
Encouraged by the illegal entry of asbestos & PCB laden US ship, ex Exxon Valdez
CBI asked to stop entry of dead US ships like Delaware Trader
New Delhi, June 29, 2012: Asbestos laden Japan built vessel MV TIRAN (ex Sirorat Naree, Gulf Glory, Ocean Fortress is likely to reach Indian waters on June 30, 2012 under Panama flag. Its last position as of June 27, 2012 was in Persian Gulf. Its last known port was Mina Saqr. Its last flag was Thailand when its registered owner was Precious Diamonds Pvt Ltd in 2009. Its IMO No is 8316302. This Cargo vessel was built in the year 1984 by Kanasashi Heavy Industries. Its length x breadth is 172 m X 27 m.
Asbestos is discovered in flange gaskets, coatings, pipe insulation and in accommodation areas. The classification societies are facing allegations of wrongly issuing Safety of Life at Sea (Solas) certificates for ships containing asbestos. Numerous cases of asbestos laden ships have come to light due to the laxity of Classification societies in accepting asbestos-free certificates or statements from shipyards for equipment installations without checking their accuracy.
Unlike USA, Japan is a party to UN’s Basel Convention on Transboundary of Hazardous Wastes and Their Disposal but has been adversarial to it. India is a party to the Convention whose Article 4-2 (d) requires it to” Ensure that the transboundary movement of hazardous wastes and other wastes is reduced to the minimum consistent with the environmentally sound and efficient management of such wastes, and is conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement.” As pre India’s Hazardous Waste Management Rules, 2008 trade in asbestos waste (dust and fibers) is banned. There is complete ban on asbestos use, trade and manufacturing in Japan.
A 15-member delegation of Japan Shipowners' Association had visited Alang ship breaking yard on February 14, 2012 and met Gujarat chief minister Narendra Modi on February 13 in order to make Alang's 170 recycling plots, spread over a 10 kilometre stretch fit for Japanese end-of-life ships to be dumped on Alang beach without any hassle for recycling. Japan outs its dead ships transferred as it commands 25-30 per cent share in global shipping business.
Unmindful of the fact that both the ship breaking industry and environmental groups are opposed to International Maritime Organization (IMO)’s Hong Kong protocol for safe and environmentally-friendly recycling, formulated in 2009, the Japanese delegation campaigned for it to be adopted.
It is noteworthy that in July 2002, the IMO’s Maritime Safety Committee (MSC) banned under Solas the installation of asbestos on new buildings and existing ships, with a few exceptions. A total ban was introduced on 1 January 2011. But it has come to light that asbestos in end-of-life vessels continues to be of major concern.
This poses serious risks to the health of crew members, ship surveyors and inspectors and persons working in ship breaking yard facilities. The fact is that asbestos-containing materials (ACMs) were still being found in such places as fire blankets, joint and insulation materials, some sealants and friction material for brakes, as well as wall and ceiling coverings.
The surveyors are not properly trained to identify asbestos and where it is most likely to be found. The Directorate General of Shipping, Union Ministry of Shipping should note that declarations from the recycling shipyards are useless because they do not have control over the incoming hazardous materials.
ToxicsWatch Alliance (TWA) demands that a high powered team of toxicologists should be asked to survey presence of asbestos on end-of-life ships that enters Indian waters and also those which are which used by Indian Navy to save workers and soldiers from exposure of carcinogenic fibers.
It has come to light that the Solas ban has been flouted. Of 140 vessels inspected, asbestos was discovered on 114. The checks covered ships delivered by yards since 1 January 2003, which meant they all fell under the Solas convention. This has come to public domain in a report of Tradewinds titled “Asbestos ‘failure’ by class societies” authored by Geoff Garfield.
Both Japan built vessel MV TIRAN and the controversial US ship, ex Exxon Valdez are laden with asbestos and PCBs.
Japan has hatched a plan to skirt the Basel Convention and liberalize and promote toxic waste trade among their global neighbors in Asia. One of the key components of this plan includes utilization of bilateral trade agreements. The manner in which these trade agreements are being used constitutes non-compliance with the Basel Convention.
Environmental health groups are opposed to Free Trade Agreements (FTAs) including one with countries that allows status quo to continue with regard to hazardous waste trade. The FTA with Japan is highly regressive as it is an effort to outwit the intent of the Basel Convention. Government of India is quite secretive about the agreements with Japanese government and EU. These groups have been campaigning against the India-EU FTA that entails such free trade in hazardous waste.
In a letter dated June 28, 2012 to Director, CBI, TWA has drawn the attention towards US flagged ship called Delaware Trader (IMO No. 8008929) as well and has sought his intervention to ensure that such ships are not allowed to enter Indian waters.
The letter argues that such movements of end-of-life vessels “must be halted to demonstrate that Indian law enforcement agencies are not subservient to US Ship Disposal Policy” in compliance with two of Supreme Court's orders of October 14, 2003 and September 6, 2007, the relevant part reads: "At the international Level, India should participate...with a clear mandate for the decontamination of ships of their hazardous substances such as asbestos, waste oil, gas and PCBs prior to exports to India for breaking" besides the May 3, 2012 order. In its order dated June 25, 2012, Supreme Court’s Vacation Bench of Justice HL Gokhle and Justice Ranjana Prakash Desai has ordered that the matter of dead US ship Exxon Valdez should be placed before the appropriate Bench. The ship owners had tried their luck even before another Vacation Bench of Justice Deepak Verma and Justice Sudhanshu Jyoti Mukhopadhya on May 14. Both the benches have refused any relief to the owners of US hazardous dead vessel.
TWA’s letter demands that “CBI and other concerned agencies ought to coordinate their efforts to demonstrate sensitivity towards Indian environmental borders which is routinely being compromised so much so that since 1982 till date more than 5000 dead foreign ships have been dumped in India's fragile coastal environment of Alang beach.”
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA) Mb: 08002263335, 09818089660, E-mail:krishna1715@gmail.com, Phone: +91-11-26517814, Fax: +91-11-26517814 Web: toxicswatch.blogspot.com, banasbestosindia.blogspot.com
Ex Exxon Valdez Creates Crisis in Indian waters
Following the application of ToxicsWatch Alliance in the Supreme Court, the ship owner of ex-Exxon Valdez (now named MV Oriental N)have been asked to comply with the Basel Convention. As of June 25, it has been revealed in the court that this order has not been complied with. The ship owners are jumping from one bench to bench another but in the absence of compliance they have been denied any relief. Now there is a compelling logic for the Indian Coast Guards and Directorate General of Shipping to ensure that the ship moves out of Indian waters.
Now Pepsi faces call to ban cancer-scare colouring chemical but says it has no plans to change ingredients
Written By Krishna on Thursday, June 28, 2012 | 11:32 PM
Note: ToxicsWatch Alliance (TWA)appeals to soft drinks fans worldwide to refrain from drinking Coca Cola and Pepsi at least till they drop the carcinogens like ammoniated caramel. Soft drinks fans should also pay heed health risk from the sugary content of these drinks that causes diabetes, tooth decay, obesity etc.
Gopal Krishna
TWA
Now Pepsi faces call to ban cancer-scare colouring chemical but says it has no plans to change ingredients
Pepsi has been criticised by child food campaigners for refusing to change its ingredients in the UK to remove a cancer-risk chemical.
The American drinks giant has altered its formulation in the US following a health alert over contamination with 4-methylimidazole (4-MI).
However, the company says it has ‘no plans’ to take the same precaution for its UK consumers and argues it is not necessary.
Pepsi has been criticised for refusing to change its ingredients in the UK. The company claims a change 'isn't necessary'
Pepsi has been criticised for refusing to change its ingredients in the UK. The company claims a change 'isn't necessary'
The stance has been condemned by the Children’s Food Campaign, which says it is wrong for the company to operate such double standards when it comes to safety.
Concerns about 4-MI emerged in the US earlier this year after health authorities in California put the substance on its official list of carcinogens.
This meant that any standard 330ml can of cola containing more than 30micrograms (mcg) of 4-MI would have to carry a health warning.
As a result, both Coca-Cola and Pepsi announced they would be changing the ingredients in all their colas in America to cut the level of 4-MI.
This week, Coca-Cola pledged to change its products around the world, including the UK, to reduce levels of the contaminant, although it has put no timescale on it.
By contrast, Pepsi says it has no plans to cut the level of 4-MI in products sold in Britain and elsewhere.
The contaminant results from the industrial process – involving ammonia – that creates the caramel colouring used to give coca its distinctive brown colour.
After the findings became public knowledge, both Coca-Cola and Pepsi announced they would be changing the ingredients in all their colas in America to cut the level of 4-MI.
After the findings became public knowledge, both Coca-Cola and Pepsi announced they would be changing the ingredients in all their colas in America to cut the level of 4-MI.
A Pepsi spokesman said: ‘We take the safety of our consumers seriously and comply with all EU industry regulations. Our beverages, and the ingredients that go into them, are and always will be safe for consumption.
This includes the caramel colouring that we use in some of our products.
‘There is no scientific evidence that 4-MI in foods and beverages is a threat to human health.
‘Current regulation in the EU states that caramel colouring (4-MI) poses no health risks and there are no plans to make any changes.’
Malcolm Clark, campaign co-ordinator at the Children’s Food Campaign, said: ‘It rather looks like Pepsi has double standards when it comes to customer safety. There is one set of rules for customers in America and another set for people in the UK and elsewhere.
‘This chemical is proven to be carcinogenic and Pepsi should be trying to remove it.
‘They should simply say we are going to make a change and provide a timescale. They have been through the process of reformulating the drink in the US, so they know what is involved.’
The British Soft Drinks Association says there is no health reason to change the ingredients in any cola drink.
A spokesman said: ‘The 4-MI levels found in food and drink products pose no health or safety risks. Outside the State of California, no regulatory agency around the world considers the exposure of the public to 4-MI as present in caramels as an issue.’
The association’s spokesman and Coke said food safety watchdogs in Britain and Europe have both decided the presence of 4-MI in caramel colouring is not a health concern.
http://www.dailymail.co.uk/tvshowbiz/article-2166302/Inside-Jenny-McCarthys-sophisticated-Playboy-shoot-Blonde-bombshell-channels-Old-Hollywood-poses-topless.html
Gopal Krishna
TWA
Now Pepsi faces call to ban cancer-scare colouring chemical but says it has no plans to change ingredients
Pepsi has been criticised by child food campaigners for refusing to change its ingredients in the UK to remove a cancer-risk chemical.
The American drinks giant has altered its formulation in the US following a health alert over contamination with 4-methylimidazole (4-MI).
However, the company says it has ‘no plans’ to take the same precaution for its UK consumers and argues it is not necessary.
Pepsi has been criticised for refusing to change its ingredients in the UK. The company claims a change 'isn't necessary'
Pepsi has been criticised for refusing to change its ingredients in the UK. The company claims a change 'isn't necessary'
The stance has been condemned by the Children’s Food Campaign, which says it is wrong for the company to operate such double standards when it comes to safety.
Concerns about 4-MI emerged in the US earlier this year after health authorities in California put the substance on its official list of carcinogens.
This meant that any standard 330ml can of cola containing more than 30micrograms (mcg) of 4-MI would have to carry a health warning.
As a result, both Coca-Cola and Pepsi announced they would be changing the ingredients in all their colas in America to cut the level of 4-MI.
This week, Coca-Cola pledged to change its products around the world, including the UK, to reduce levels of the contaminant, although it has put no timescale on it.
By contrast, Pepsi says it has no plans to cut the level of 4-MI in products sold in Britain and elsewhere.
The contaminant results from the industrial process – involving ammonia – that creates the caramel colouring used to give coca its distinctive brown colour.
After the findings became public knowledge, both Coca-Cola and Pepsi announced they would be changing the ingredients in all their colas in America to cut the level of 4-MI.
After the findings became public knowledge, both Coca-Cola and Pepsi announced they would be changing the ingredients in all their colas in America to cut the level of 4-MI.
A Pepsi spokesman said: ‘We take the safety of our consumers seriously and comply with all EU industry regulations. Our beverages, and the ingredients that go into them, are and always will be safe for consumption.
This includes the caramel colouring that we use in some of our products.
‘There is no scientific evidence that 4-MI in foods and beverages is a threat to human health.
‘Current regulation in the EU states that caramel colouring (4-MI) poses no health risks and there are no plans to make any changes.’
Malcolm Clark, campaign co-ordinator at the Children’s Food Campaign, said: ‘It rather looks like Pepsi has double standards when it comes to customer safety. There is one set of rules for customers in America and another set for people in the UK and elsewhere.
‘This chemical is proven to be carcinogenic and Pepsi should be trying to remove it.
‘They should simply say we are going to make a change and provide a timescale. They have been through the process of reformulating the drink in the US, so they know what is involved.’
The British Soft Drinks Association says there is no health reason to change the ingredients in any cola drink.
A spokesman said: ‘The 4-MI levels found in food and drink products pose no health or safety risks. Outside the State of California, no regulatory agency around the world considers the exposure of the public to 4-MI as present in caramels as an issue.’
The association’s spokesman and Coke said food safety watchdogs in Britain and Europe have both decided the presence of 4-MI in caramel colouring is not a health concern.
http://www.dailymail.co.uk/tvshowbiz/article-2166302/Inside-Jenny-McCarthys-sophisticated-Playboy-shoot-Blonde-bombshell-channels-Old-Hollywood-poses-topless.html
Tests Show Carcinogen Levels in Coca-Cola Vary Worldwide
Coca-Cola Sold in Brazil is Most Contaminated
WASHINGTON - (drinks media wire) - Coca-Cola sold in California now contains little of the cancer-causing chemical 4-methylimidizole (4-MI), but new laboratory tests show alarming levels of the carcinogen in Cokes sold elsewhere around the world. The carcinogen forms when the ammoniated caramel coloring used in colas is industrially produced. Coke began using a less-contaminated caramel coloring earlier this year in California after the state required a cancer-warning notice on soft drinks with excessive levels of 4-MI. CSPI first released test results showing the levels of 4-MI in Coke and Pepsi in March.
Coca-Cola obtained from Brazil had 267 micrograms (mcg) of the carcinogen per 12 fluid ounces (355 ml). Coca-Cola from Kenya had 177 mcg per 12 ounces. Cokes marketed in Canada, the United Arab Emirates, Mexico, and the United Kingdom had between 144 mcg and 160 mcg per 12 ounces. Coke from China had 56 mcg and in Japan had 72 mcg. Coca-Cola purchased in Washington, DC, had 144 mcg per 12 fluid ounces, while Cokes bought in California contained only 4 mcg.
See the graph below.
To put those levels into context, the state of California requires a cancer-warning label if a food would lead to people consuming 30 mcg or more of 4-MI per day. Thus, people drinking one 12-ounce soda per day would ingest that much if the soda contained 30 mcg or more of 4-MI. The state estimates that that amount of 4-MI would cause cancer in one in 100,000 people over their lifetimes.
The U.S. Food and Drug Administration restricts carcinogenic contaminants in food to lower levels—amounts that would not cause more than one cancer per million people. If the FDA applied its standard, a Coke would have to have under 3 mcg of 4-MI. Coca-Cola marketed in California is close to meeting that standard, but Cokes in most other countries, even allowing for lower consumption in most countries, greatly exceed that standard.
CSPI’s test results will be published shortly in the International Journal of Occupational and Environmental Health (vol. 18, No. 3).
“Fortunately, people in China, Japan, Kenya, and some other countries drink much less soda than we Americans do, so their exposure to this dangerous chemical is proportionately lower,” said CSPI executive director Michael F. Jacobson. “But now that we know it’s possible to almost totally eliminate this carcinogen from colas, there’s no excuse for Coca-Cola and other companies not to do so worldwide, and not just in California.”
CSPI obtained the Coca-Cola from consumer advocates or others in the countries represented in this study. Some of those people are releasing the test results today to media in their counties and bringing the carcinogen to the attention of their respective health ministers.
In February 2011 CSPI first urged the FDA to prohibit ammoniated caramel coloring and to use a more accurate term for the ingredient. In contrast to the caramel one might make at home by melting sugar in a saucepan, the artificial brown coloring in colas and some other products is made by reacting sugars with ammonia (and often sulfites) under high pressure and temperatures. Chemical reactions between the sugar and the ammonia result in the formation of 4-MI, which caused lung, liver, and thyroid cancer or leukemia in laboratory animals in studies conducted by the United States government’s premier testing laboratory. A major manufacturer (D.D. Williamson) of caramel colorings says that it offers a coloring that is totally free of 4-MI, but it is four times more expensive and beverage companies aren’t purchasing it.
Five prominent experts on animal carcinogenesis, including several who worked at the National Toxicology Program, joined CSPI then in calling on the FDA to bar the use of caramel colorings made with an ammonia process. “The American public should not be exposed to any cancer risk whatsoever as a result of consuming such chemicals, especially when they serve a non-essential, cosmetic purpose,” the scientists wrote.
Although the presence of a known chemical carcinogen in such a widely consumed product is troubling, CSPI says that consumers should be more worried about the much greater risk posed by the sugar or high-fructose corn syrup in Coca-Cola and other sugary beverages. Overconsumption of sugary drinks raises one’s risk of weight gain, obesity, diabetes, tooth decay, and other health problems.
# # #
The Center for Science in the Public Interest is a nonprofit health advocacy group based in Washington, DC, that focuses on nutrition and food safety policies. CSPI is supported by the 900,000 U.S. and Canadian subscribers to its Nutrition Action Healthletter and by foundation grants.
Contact
Name: Communications Department
E-mail: cspinews@cspinet.org
Web: http://www.cspinet.org
Company: Center for Science in the Public Interest
Address: 1875 Connecticut Avenue - 20009 Washington
Country: UNITED STATES
Phone: +1 202 332 9110
Fax: +1 202 265 4954
WASHINGTON - (drinks media wire) - Coca-Cola sold in California now contains little of the cancer-causing chemical 4-methylimidizole (4-MI), but new laboratory tests show alarming levels of the carcinogen in Cokes sold elsewhere around the world. The carcinogen forms when the ammoniated caramel coloring used in colas is industrially produced. Coke began using a less-contaminated caramel coloring earlier this year in California after the state required a cancer-warning notice on soft drinks with excessive levels of 4-MI. CSPI first released test results showing the levels of 4-MI in Coke and Pepsi in March.
Coca-Cola obtained from Brazil had 267 micrograms (mcg) of the carcinogen per 12 fluid ounces (355 ml). Coca-Cola from Kenya had 177 mcg per 12 ounces. Cokes marketed in Canada, the United Arab Emirates, Mexico, and the United Kingdom had between 144 mcg and 160 mcg per 12 ounces. Coke from China had 56 mcg and in Japan had 72 mcg. Coca-Cola purchased in Washington, DC, had 144 mcg per 12 fluid ounces, while Cokes bought in California contained only 4 mcg.
See the graph below.
To put those levels into context, the state of California requires a cancer-warning label if a food would lead to people consuming 30 mcg or more of 4-MI per day. Thus, people drinking one 12-ounce soda per day would ingest that much if the soda contained 30 mcg or more of 4-MI. The state estimates that that amount of 4-MI would cause cancer in one in 100,000 people over their lifetimes.
The U.S. Food and Drug Administration restricts carcinogenic contaminants in food to lower levels—amounts that would not cause more than one cancer per million people. If the FDA applied its standard, a Coke would have to have under 3 mcg of 4-MI. Coca-Cola marketed in California is close to meeting that standard, but Cokes in most other countries, even allowing for lower consumption in most countries, greatly exceed that standard.
CSPI’s test results will be published shortly in the International Journal of Occupational and Environmental Health (vol. 18, No. 3).
“Fortunately, people in China, Japan, Kenya, and some other countries drink much less soda than we Americans do, so their exposure to this dangerous chemical is proportionately lower,” said CSPI executive director Michael F. Jacobson. “But now that we know it’s possible to almost totally eliminate this carcinogen from colas, there’s no excuse for Coca-Cola and other companies not to do so worldwide, and not just in California.”
CSPI obtained the Coca-Cola from consumer advocates or others in the countries represented in this study. Some of those people are releasing the test results today to media in their counties and bringing the carcinogen to the attention of their respective health ministers.
In February 2011 CSPI first urged the FDA to prohibit ammoniated caramel coloring and to use a more accurate term for the ingredient. In contrast to the caramel one might make at home by melting sugar in a saucepan, the artificial brown coloring in colas and some other products is made by reacting sugars with ammonia (and often sulfites) under high pressure and temperatures. Chemical reactions between the sugar and the ammonia result in the formation of 4-MI, which caused lung, liver, and thyroid cancer or leukemia in laboratory animals in studies conducted by the United States government’s premier testing laboratory. A major manufacturer (D.D. Williamson) of caramel colorings says that it offers a coloring that is totally free of 4-MI, but it is four times more expensive and beverage companies aren’t purchasing it.
Five prominent experts on animal carcinogenesis, including several who worked at the National Toxicology Program, joined CSPI then in calling on the FDA to bar the use of caramel colorings made with an ammonia process. “The American public should not be exposed to any cancer risk whatsoever as a result of consuming such chemicals, especially when they serve a non-essential, cosmetic purpose,” the scientists wrote.
Although the presence of a known chemical carcinogen in such a widely consumed product is troubling, CSPI says that consumers should be more worried about the much greater risk posed by the sugar or high-fructose corn syrup in Coca-Cola and other sugary beverages. Overconsumption of sugary drinks raises one’s risk of weight gain, obesity, diabetes, tooth decay, and other health problems.
# # #
The Center for Science in the Public Interest is a nonprofit health advocacy group based in Washington, DC, that focuses on nutrition and food safety policies. CSPI is supported by the 900,000 U.S. and Canadian subscribers to its Nutrition Action Healthletter and by foundation grants.
Contact
Name: Communications Department
E-mail: cspinews@cspinet.org
Web: http://www.cspinet.org
Company: Center for Science in the Public Interest
Address: 1875 Connecticut Avenue - 20009 Washington
Country: UNITED STATES
Phone: +1 202 332 9110
Fax: +1 202 265 4954
US JUDICIARY SUBSERVIENT TO UNDEMOCRATIC CORPORATIONS LIKE UNION CARBIDE
Note:US judiciary has repeatedly shown itself to be subservient to undemocratic forces like corporations. Such decisions are a threat to democratic rights everywhere. The ruling of US District judge John Keenan in Manhattan on June 26, 2012 has further belittled the stature of majesty of law and justice by ridiculing the victims of industrial disaster by Union Carbide Corporation in Bhopal that happened on 2/3rd December 1984. How can it be forgotten that the same US judiciary has exposed its hollowness in the matter of ban on asbestos imposed by US Environmental Protection Agency (USEPA) wherein it chose to lift the ban in a judgement which has corroded the judicial institutions to its core. Its the same judiciary which lifted the cap on electoral expenses by candidates in USA turning the political class into prostitutes.
Gopal Krishna
ToxicsWatch Alliance (TWA)
US Court Rules Union Carbide Not Liable in Bhopal Environmental Clean Up Case
Published June 27, 2012
A New York federal court has dismissed all claims by Indian plaintiffs seeking to extend liability to Union Carbide Corp. for any environmental remediation or pollution-related claims made by residents near the Bhopal plant site in India, the company said in a statement.
The court has concluded that Union Carbide is not liable for any such claims made by residents near the Bhopal plant site, which was formerly owned and operated by Union Carbide India Ltd., which in turn was once owned by Union Carbide.
The court also dismissed all claims against former Chairman Warren Anderson.
The court concluded: "It is beyond dispute that Union Carbide India Limited" -- and not UCC -- "generated and disposed of the waste which allegedly polluted plaintiffs' drinking water."
The Bhopal plant was designed, owned, operated and managed on a day-to-day basis by UCIL, an Indian company in which UCC held just over half the stock, the statement said.
In 1994, UCC sold its stake in UCIL and UCIL subsequently changed its name to Eveready Industries India, Ltd.
http://www.foxbusiness.com/news/2012/06/27/us-court-rules-union-carbide-not-liable-in-bhopal-environmental-clean-up-case/
Court Rules Union Carbide Not Liable in Bhopal Case
By PRASENJIT BHATTACHARYA
NEW DELHI -- A New York federal court has dismissed all claims by Indian plaintiffs against Union Carbide Corp. for any environmental fallout of a gas leak which killed thousands of people in the Indian city of Bhopal 28 years ago.
Giving his reasons for the order, the judge said that "it is beyond dispute that Union Carbide India" -- and not the U.S.-based parent -- "generated and disposed of the waste which allegedly polluted plaintiffs' drinking water."
The court added that since Union Carbide sold its stake in the India unit, it's not liable for the clean-up.
Union Carbide Corp. sold its holding in the unit involved in the leak -- Union Carbide India Ltd. -- in 1994. The unit was then renamed Eveready Industries India Ltd.
Rachana Dhingra, an activist associated with the Bhopal Group for Information and Action, which has spearheaded the case in U.S. courts, expressed disappointment at the dismissal of the case, but added that they are determined to appeal.
"We will talk to our lawyer in the U.S. soon and decide on when to file the appeal in the U.S. court of appeals."
The present case, one of many filed in India and the U.S since 1984, had asked Union Carbide Corporation, now a part of Dow Chemical Co., to pay damages to residents for not cleaning up the site of its factory in Bhopal.
The pollution caused by the gas leak led to toxic chemicals poisoning drinking water in the area, plaintiffs said while filing the case in 2004.
A Manhattan district court struck down the claims, but an appeals court sent the case back for another hearing in 2008.
The Bhopal incident -- one of the world's worst industrial disasters -- occurred on the night of Dec. 3, 1984, when leakage of methyl isocyanate at a Union Carbide pesticide factory killed thousands and left many others to battle illnesses for years.
India Real Time
Bhopal Activists Slam U.S. Ruling
There's still no agreement on the number of people who died on the night of the disaster or those who subsequently battled lung injury, neurological and reproductive disorders and respiratory difficulties -- or died years later as a result of health complications.
India's federal government says 5,295 people died and 4,902 suffered permanent disability as a fallout of the disaster, but activists insist the actual figures are much higher.
The first major judgment in the Bhopal issue came in 1989 when India's Supreme Court asked Union Carbide to pay $470 million in damages to the victims.
The court has upheld the decision despite appeals by victims' organizations for a higher payout.
However, the site cleanup issue has dragged on, with governments in New Delhi and Madhya Pradesh -- the state of which Bhopal is the capital -- unsure of how to get rid of the toxic waste.
Earlier this month, a group of federal ministers approved a plan to disposal of the waste in Germany.
Activists in Bhopal and human rights groups around the world have kept the issue of the tragedy alive, saying Dow Chemical has failed to fulfil its moral obligations of paying adequate compensation and cleaning up the site of the disaster.
But Dow Chemicals has on several occasions said it bought Union Carbide 16 years after the tragedy -- and so it can't be held liable.
It has also said that since Union Carbide paid the $470 million damages in 1989, it's not responsible for any further payments.
The Bhopal gas tragedy movement gathered new momentum when Dow was announced as a key sponsor of the summer Olympics which begins in London next month.
Protests have sought to embarrass the British government and Dow Chemicals, but both have stood by the sponsorship deal.
The Indian Olympic team, too, is expected to participate in the games despite some talk earlier of a possible boycott.
Write to Prasenjit Bhattacharya at prasenjit.bhattacharya@dowjones.com
http://online.wsj.com/article/SB10001424052702303561504577493642502980690.html
Gopal Krishna
ToxicsWatch Alliance (TWA)
US Court Rules Union Carbide Not Liable in Bhopal Environmental Clean Up Case
Published June 27, 2012
A New York federal court has dismissed all claims by Indian plaintiffs seeking to extend liability to Union Carbide Corp. for any environmental remediation or pollution-related claims made by residents near the Bhopal plant site in India, the company said in a statement.
The court has concluded that Union Carbide is not liable for any such claims made by residents near the Bhopal plant site, which was formerly owned and operated by Union Carbide India Ltd., which in turn was once owned by Union Carbide.
The court also dismissed all claims against former Chairman Warren Anderson.
The court concluded: "It is beyond dispute that Union Carbide India Limited" -- and not UCC -- "generated and disposed of the waste which allegedly polluted plaintiffs' drinking water."
The Bhopal plant was designed, owned, operated and managed on a day-to-day basis by UCIL, an Indian company in which UCC held just over half the stock, the statement said.
In 1994, UCC sold its stake in UCIL and UCIL subsequently changed its name to Eveready Industries India, Ltd.
http://www.foxbusiness.com/news/2012/06/27/us-court-rules-union-carbide-not-liable-in-bhopal-environmental-clean-up-case/
Court Rules Union Carbide Not Liable in Bhopal Case
By PRASENJIT BHATTACHARYA
NEW DELHI -- A New York federal court has dismissed all claims by Indian plaintiffs against Union Carbide Corp. for any environmental fallout of a gas leak which killed thousands of people in the Indian city of Bhopal 28 years ago.
Giving his reasons for the order, the judge said that "it is beyond dispute that Union Carbide India" -- and not the U.S.-based parent -- "generated and disposed of the waste which allegedly polluted plaintiffs' drinking water."
The court added that since Union Carbide sold its stake in the India unit, it's not liable for the clean-up.
Union Carbide Corp. sold its holding in the unit involved in the leak -- Union Carbide India Ltd. -- in 1994. The unit was then renamed Eveready Industries India Ltd.
Rachana Dhingra, an activist associated with the Bhopal Group for Information and Action, which has spearheaded the case in U.S. courts, expressed disappointment at the dismissal of the case, but added that they are determined to appeal.
"We will talk to our lawyer in the U.S. soon and decide on when to file the appeal in the U.S. court of appeals."
The present case, one of many filed in India and the U.S since 1984, had asked Union Carbide Corporation, now a part of Dow Chemical Co., to pay damages to residents for not cleaning up the site of its factory in Bhopal.
The pollution caused by the gas leak led to toxic chemicals poisoning drinking water in the area, plaintiffs said while filing the case in 2004.
A Manhattan district court struck down the claims, but an appeals court sent the case back for another hearing in 2008.
The Bhopal incident -- one of the world's worst industrial disasters -- occurred on the night of Dec. 3, 1984, when leakage of methyl isocyanate at a Union Carbide pesticide factory killed thousands and left many others to battle illnesses for years.
India Real Time
Bhopal Activists Slam U.S. Ruling
There's still no agreement on the number of people who died on the night of the disaster or those who subsequently battled lung injury, neurological and reproductive disorders and respiratory difficulties -- or died years later as a result of health complications.
India's federal government says 5,295 people died and 4,902 suffered permanent disability as a fallout of the disaster, but activists insist the actual figures are much higher.
The first major judgment in the Bhopal issue came in 1989 when India's Supreme Court asked Union Carbide to pay $470 million in damages to the victims.
The court has upheld the decision despite appeals by victims' organizations for a higher payout.
However, the site cleanup issue has dragged on, with governments in New Delhi and Madhya Pradesh -- the state of which Bhopal is the capital -- unsure of how to get rid of the toxic waste.
Earlier this month, a group of federal ministers approved a plan to disposal of the waste in Germany.
Activists in Bhopal and human rights groups around the world have kept the issue of the tragedy alive, saying Dow Chemical has failed to fulfil its moral obligations of paying adequate compensation and cleaning up the site of the disaster.
But Dow Chemicals has on several occasions said it bought Union Carbide 16 years after the tragedy -- and so it can't be held liable.
It has also said that since Union Carbide paid the $470 million damages in 1989, it's not responsible for any further payments.
The Bhopal gas tragedy movement gathered new momentum when Dow was announced as a key sponsor of the summer Olympics which begins in London next month.
Protests have sought to embarrass the British government and Dow Chemicals, but both have stood by the sponsorship deal.
The Indian Olympic team, too, is expected to participate in the games despite some talk earlier of a possible boycott.
Write to Prasenjit Bhattacharya at prasenjit.bhattacharya@dowjones.com
http://online.wsj.com/article/SB10001424052702303561504577493642502980690.html
Stop illegal movement of end-of-life US ship Exxon Valdez in Indian waters in pursuance of US Ship Disposal Policy
To
Shri A. P. Singh
Director
Central Bureau of Investigation (CBI)
New Delhi
June 28, 2012
Subject-illegal movement of end-of-life US ship Exxon Valdez in Indian waters in pursuance of US Ship Disposal Policy
Sir,
This is to inform you that in violation of the Supreme Court order dated May 3, 2012 in the matter of dead US ship ex Exxon Valdez/shipbreaking/hazardous wastes/ case (Writ Petition Civil 657 of 1995), it is reliably learnt that the hazardous and end-of-life US vessel has got permission to anchor off Bhavnagar from Gujarat Maritime Board (GMB) on June 28, 2012. This vessel is moving to Bhavnagar in the name of inspection by the GMB and Gujarat Pollution Control Board (GPCB). Its movement must be halted to demonstrate that Indian law enforcement agencies are not subservient to US Ship Disposal Policy.
I submit that the matter was heard on June 25, 2012 wherein the court refused the ship owner of ex Exxon Valdez any relief.
I submit that in two of Supreme Court's orders of October 14, 2003 and September 6, 2007, the relevant part reads: "At the international Level, India should participate...with a clear mandate for the decontamination of ships of their hazardous substances such as asbestos, waste oil, gas and PCBs prior to exports to India for breaking."
I submit that in its order dated June 25, 2012, Supreme Court’s Vacation Bench of Justice HL Gokhle and Justice Ranjana Prakash Desai has ordered that the matter of dead US ship Exxon Valdez should be placed before the appropriate Bench. The ship owners had tried their luck even before another Vacation Bench of Justice Deepak Verma and Justice Sudhanshu Jyoti Mukhopadhya on May 14. Both the benches have refused any relief to the owners of US hazardous dead vessel now named MV Oriental N (Formerly, Oriental Nicety, Exxon Valdez, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean).
I submit that on May 3, 2012 order the bench of Justice Altamas Kabir and Justice J. Chelameswar in the matter of this US hazardous dead vessel that was trying to enter Indian waters at Alang beach Bhavnagar has sought compliance with UN’s Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal to which India is a party. It had refused any berthing permission to the dead ship. The ship owners have failed to comply with the order so far. The continued presence of this dead US ship in Indian waters off Mumbai coast is in violation of court’s order. The authorities must ensure that the ship is sent away from the Indian waters.
I submit that Union Ministry of Environment & Forests appears to be acting contrary to the precedent the ministry set in the matter of Platinum II (ex-SS Independence, MV Oceanic), another US dead ship which entered Indian waters on fake documents and violation of US Toxics Substances Control Act. The same is being violated in this case as well because the ship is PCB laden. The submission of the Ministry is erroneous and will be suitably replied during the course of the hearing.
I submit that US Maritime Administration (MARAD)’s dubious act was witnessed in the case of Platinum II (ex SS INDPENDENCE, MV OCEANIC), a dead and hazardous US ship, the real owners had taken Indian law enforcement agencies for a ride due to lack of coordination and cooperation between concerned ministries. In an Office Memorandum No.29-3/2009-HSMD, Government of India, Ministry of Environment & Forests, (HSM Division) dated 9th May, 2011, relating to implementation of Supreme Court directions in respect of ship breaking activities, the previous dead and convicted US ship, Platinum II (Ex SS Oceanic, MV Oceanic) was denied beaching permission but it remained in Indian waters without beaching. It had left US waters despite indictment by US Environment Protection Agency with the apparent connivance of US MARAD. It had entered Indian waters on proven fake documents.
I submit that the Focal Ministry for ship breaking is Ministry of Steel as per court order dated October 14, 2003 and September 6, 2007. The Inter Ministerial Committee on Shipbreaking set up by the order is under this very Ministry. It has made many recommendations which have been filed in the court. These recommendations have not been complied with by Gujarat Maritime Board and Gujarat Pollution Control Board.
I submit that a perusal of the Supreme Court orders of June 25, May 3 and May 14 2012 along with my application seeking compliance with court's order and Basel Convention and the application of Hongkong based Best Oasis company, subsidiary of Gujarat based Priya Blue Ship Recycling Pvt Ltd seeking permission to anchor Exxon Valdez (MV Oriental N) at Alang reveals that the US vessel is non-compliant with US laws, Indian laws and international laws besides the courts order.
I submit that US’s export of dead and toxic ships like Platinum –II, 'Exxon Valdez' and now 'Delaware Trader' to Indian waters to poisons fragile Indian coastal environment, workers, fishermen, villagers must be stopped.
I submit that there is a need for a probe in the role of Indian officials who are colluding with the vested interests from USA.
I wish to inform you that another dead and hazardous US flagged ship, “DELAWARE TRADER” (IMO No. 8008929) has been cleared by the U.S. Maritime Administration (US MARAD) for dismantling in the infamous shipbreaking yards of Alang beach, Bhavnagar, Gujarat. It is expected to arrive in Indian waters in the coming days. It was last reported at the Port of Maputo, Mozambique on 13 June, 2012. TWA demands that DELAWARE TRADER should not be allowed to enter Indian waters. These ships enter Indian waters and present fait accompli to the law enforcement agencies.
I submit that the ex Exxon Vadez is currently located off Mumbai in a manifest act of illegality. The violations of Supreme Court’s order, international law and the complicit violations of Indian laws and U.S. law is on full display. The rule of law will be tested once again when the DELAWARE TRADER soon arrives in Indian waters, the court will surely compel it to comply with its order.
I submit that there are hazardous materials, such as asbestos and polychlorinated biphenyls (PCBs), used in the ship's construction. Workers condition on the Alang beach is one of the worst. They are under extremely dangerous and polluting conditions where workers labor on tidal sands to cut ships up by hand, exposing themselves to the risks of toxic chemicals, fires, explosions and falling steel plates. Pollutants are allowed to flow unimpeded into the marine environment.
I submit that the court’s actions are consistent with multilateral decisions made in October 2011, when 178 parties to the Basel Convention met in Cartagena, Colombia to not only re-endorse the Basel Ban Amendment forbidding the export of hazardous wastes from rich to poorer countries, but also resolve that the Basel Convention must continue to prohibit the dumping of end-of-life vessels on developing countries.
I submit that India's maritime security is under threat from hazardous waste trade mafia.
I submit that those officials of Ministry of Shipping, GPCB and GMB who allowed Platinum II to remain in Indian waters despite denial of permission for beaching must be probed and punished. It is noteworthy that USA’s regulations and European Union regulations prohibit the entry of such vessels in their waters.
I submit that the USA which is a non-party to Basel Convention appears to be testing the robustness to the regulatory regime. If a bad precedent is set by allowing this dead US ship, Indian waters will be flooded with hundreds of dead ships both of military and military origin in the aftermath of the lifting of moratorium on transfer of toxic ships to developing countries by US Government.
I submit that a letter to Parliamentary Standing Committee on Transport, Tourism & Culture informing it about a letter of Shri Rajgopal Sharma, Advisor, Indian Embassy, Brussels dated December 20, 2011 wherein it has been revealed that most of the dead and hazardous ships that are currently at Alang beach are in illegal traffic. The letter was based on Shri Sharma’s conversation with Shri Julio Garcia Burgues, Head of the Waste Management Unit, European Commission – DG Environment. This reveals that even EU is trying to transfer its dead ships to India.
I take the opportunity to also place on record that the 7th Annual Ship Recycling Conference held during 19 - 20 June 2012 in London and the Joint Seminar held in Mumbai on June 14, 2012 are attempts by European ship owners in particular to mutilate Basel Convention and facilitate free trade in hazardous wastes like end-of-life vessels through proposed International Maritime Organisation (IMO)’s Honkong Convention and amendments in the EU Waste Shipment Regulation. Under the Basel Convention end-of-life vessels are considered hazardous wastes and is sensitive to adverse impact of hazardous waste generating global shipping industry on coastal environmental health but the proposed IMO and EU legislations puts profit above gnawing environmental and occupational health concerns. The fact is these are fit cases of corporate crimes.
I submit that ship owning countries are attempting to green wash their sinful act of transferring harm to vulnerable countries like India, Bangladesh and Pakistan disregarding the fact that safe and environmentally responsible vessel dismantling cannot be achieved on a tidal beach as is currently being done amidst deafening and complicit silence of most of the environmental groups of the developed countries.
I submit that Supreme Court's Monitoring Committee on Hazardous Wastes has recommended CBI probe to get to the bottom of the goings on in the hazardous wastes trade.
It is sad but it appears that Alang, Bhavnagar has seceded from India because rule of Indian laws does not seem to regulate the state of affairs their. It has earned notorious reputation of being a fake document factory.
In view of the above facts, there is a compelling logic to intervene earnestly to set matters right by sending the dead US ship away from Indian waters and by ensuring that another US flagged ship called Delaware Trader (IMO No. 8008929) is not allowed to enter Indian waters.
Therefore, CBI and other concerned agencies ought to coordinate their efforts to demonstrate sensitivity towards Indian environmental borders which is routinely being compromised so much so that since 1982 till date more than 5000 dead foreign ships have been dumped in India's fragile coastal environment of Alang beach.
Thanking You
Yours faithfully
Gopal Krishna
Convener
ToxicsWatch Alliance (TWA)
New Delhi
PIN. 110016
Phone: +91-11-26517814, Fax: +91-11-26517814
Mb: 08002263335, 09818089660
E-mail:krishna1715@gmail.com
Web: toxicswatch.blogspot.com
Cc
Shri Anand Sharma, Union Minister of Commerce & Industry
Shri G K Vasan, Union Minister of Shipping
Shri A K Antony, Union Defence Minister
Shri Beni Prasad Verma, Union Minister of Steel
Smt Jayanthi Natrajan, Union Minister of Environment & Forests
Shri Jyotiraditya Madhavrao Scindia, Union Minister of State, Ministry of Commerce & Industry
Chairman & Members, Parliamentary Standing Committee on Science, Technology, Environment & Forests
Shri A K Seth, Cabinet Secretary, Government of India
Shri R K Singh, Secretary, Union Ministry of Home Affairs
Secretary, Union Ministry of Commerce & Industry
Secretary, Union Ministry of Shipping
Secretary, Union Ministry of Environment & Forests
Secretary, Union Ministry of Defence
Secretary, Union Ministry of Steel
Smt. Vijay Laxmi Joshi, Additional Secretary , Union Ministry of Commerce & Industry
Ms Meera Mehrishi, Additional Secretary, HSMD, Union Minister of Environment & Forests
Shri Madhusudan Prasad, Additional Secretary, Union Ministry of Commerce & Industry
Shri Rajeev Kher, Additional Secretary, Union Ministry of Commerce & Industry
Ms Anita Agnihotri, Additional Secretary, Union Ministry of Commerce & Industry
Shri Mukesh Bhatnagar, Additional DGFT, Union Ministry of Commerce & Industry
Dr. Satish B. Agnihotri Director General of Shipping & Ex. Officio Additional Secretary to the Govt. of India
Chairman, Inter Ministerial Committee on Shipbreaking, Union Ministry of Steel
Shri S.S. Bajaj, Chairman, Atomic Energy Regulatory Board, Mumbai
Ms Aditi Das Rout, Director, Union Ministry of Commerce & Industry
Dr. Saroj, Director, HSMD, Union Minister of Environment & Forests
Dr. Manoranjan Hota, Director, HSMD, Union Minister of Environment & Forests
Dr Claude Alvares, Member, Supreme Court Monitoring Committee on Hazardous Wastes
Dr D B Boralkar, Member, Supreme Court Monitoring Committee on Hazardous Wastes
Shri Sanjay Parikh, Lawyer, Supreme Court
Miss Sunita Naraian, Director General, Centre for Science and Environment
Member Secretary, Gujarat Pollution Control Board (GPCB)
Chairman, GPCB
Chairman, Gujarat Maritime Board
Shri S K Sharma, Atomic Energy Regulatory Board
Shri L S Singh, Union Ministry of Steel
ACB, Gandhinagar, CBI
Office of Commissioner, Customs, Ahmedabad
Shri A. P. Singh
Director
Central Bureau of Investigation (CBI)
New Delhi
June 28, 2012
Subject-illegal movement of end-of-life US ship Exxon Valdez in Indian waters in pursuance of US Ship Disposal Policy
Sir,
This is to inform you that in violation of the Supreme Court order dated May 3, 2012 in the matter of dead US ship ex Exxon Valdez/shipbreaking/hazardous wastes/ case (Writ Petition Civil 657 of 1995), it is reliably learnt that the hazardous and end-of-life US vessel has got permission to anchor off Bhavnagar from Gujarat Maritime Board (GMB) on June 28, 2012. This vessel is moving to Bhavnagar in the name of inspection by the GMB and Gujarat Pollution Control Board (GPCB). Its movement must be halted to demonstrate that Indian law enforcement agencies are not subservient to US Ship Disposal Policy.
I submit that the matter was heard on June 25, 2012 wherein the court refused the ship owner of ex Exxon Valdez any relief.
I submit that in two of Supreme Court's orders of October 14, 2003 and September 6, 2007, the relevant part reads: "At the international Level, India should participate...with a clear mandate for the decontamination of ships of their hazardous substances such as asbestos, waste oil, gas and PCBs prior to exports to India for breaking."
I submit that in its order dated June 25, 2012, Supreme Court’s Vacation Bench of Justice HL Gokhle and Justice Ranjana Prakash Desai has ordered that the matter of dead US ship Exxon Valdez should be placed before the appropriate Bench. The ship owners had tried their luck even before another Vacation Bench of Justice Deepak Verma and Justice Sudhanshu Jyoti Mukhopadhya on May 14. Both the benches have refused any relief to the owners of US hazardous dead vessel now named MV Oriental N (Formerly, Oriental Nicety, Exxon Valdez, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean).
I submit that on May 3, 2012 order the bench of Justice Altamas Kabir and Justice J. Chelameswar in the matter of this US hazardous dead vessel that was trying to enter Indian waters at Alang beach Bhavnagar has sought compliance with UN’s Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal to which India is a party. It had refused any berthing permission to the dead ship. The ship owners have failed to comply with the order so far. The continued presence of this dead US ship in Indian waters off Mumbai coast is in violation of court’s order. The authorities must ensure that the ship is sent away from the Indian waters.
I submit that Union Ministry of Environment & Forests appears to be acting contrary to the precedent the ministry set in the matter of Platinum II (ex-SS Independence, MV Oceanic), another US dead ship which entered Indian waters on fake documents and violation of US Toxics Substances Control Act. The same is being violated in this case as well because the ship is PCB laden. The submission of the Ministry is erroneous and will be suitably replied during the course of the hearing.
I submit that US Maritime Administration (MARAD)’s dubious act was witnessed in the case of Platinum II (ex SS INDPENDENCE, MV OCEANIC), a dead and hazardous US ship, the real owners had taken Indian law enforcement agencies for a ride due to lack of coordination and cooperation between concerned ministries. In an Office Memorandum No.29-3/2009-HSMD, Government of India, Ministry of Environment & Forests, (HSM Division) dated 9th May, 2011, relating to implementation of Supreme Court directions in respect of ship breaking activities, the previous dead and convicted US ship, Platinum II (Ex SS Oceanic, MV Oceanic) was denied beaching permission but it remained in Indian waters without beaching. It had left US waters despite indictment by US Environment Protection Agency with the apparent connivance of US MARAD. It had entered Indian waters on proven fake documents.
I submit that the Focal Ministry for ship breaking is Ministry of Steel as per court order dated October 14, 2003 and September 6, 2007. The Inter Ministerial Committee on Shipbreaking set up by the order is under this very Ministry. It has made many recommendations which have been filed in the court. These recommendations have not been complied with by Gujarat Maritime Board and Gujarat Pollution Control Board.
I submit that a perusal of the Supreme Court orders of June 25, May 3 and May 14 2012 along with my application seeking compliance with court's order and Basel Convention and the application of Hongkong based Best Oasis company, subsidiary of Gujarat based Priya Blue Ship Recycling Pvt Ltd seeking permission to anchor Exxon Valdez (MV Oriental N) at Alang reveals that the US vessel is non-compliant with US laws, Indian laws and international laws besides the courts order.
I submit that US’s export of dead and toxic ships like Platinum –II, 'Exxon Valdez' and now 'Delaware Trader' to Indian waters to poisons fragile Indian coastal environment, workers, fishermen, villagers must be stopped.
I submit that there is a need for a probe in the role of Indian officials who are colluding with the vested interests from USA.
I wish to inform you that another dead and hazardous US flagged ship, “DELAWARE TRADER” (IMO No. 8008929) has been cleared by the U.S. Maritime Administration (US MARAD) for dismantling in the infamous shipbreaking yards of Alang beach, Bhavnagar, Gujarat. It is expected to arrive in Indian waters in the coming days. It was last reported at the Port of Maputo, Mozambique on 13 June, 2012. TWA demands that DELAWARE TRADER should not be allowed to enter Indian waters. These ships enter Indian waters and present fait accompli to the law enforcement agencies.
I submit that the ex Exxon Vadez is currently located off Mumbai in a manifest act of illegality. The violations of Supreme Court’s order, international law and the complicit violations of Indian laws and U.S. law is on full display. The rule of law will be tested once again when the DELAWARE TRADER soon arrives in Indian waters, the court will surely compel it to comply with its order.
I submit that there are hazardous materials, such as asbestos and polychlorinated biphenyls (PCBs), used in the ship's construction. Workers condition on the Alang beach is one of the worst. They are under extremely dangerous and polluting conditions where workers labor on tidal sands to cut ships up by hand, exposing themselves to the risks of toxic chemicals, fires, explosions and falling steel plates. Pollutants are allowed to flow unimpeded into the marine environment.
I submit that the court’s actions are consistent with multilateral decisions made in October 2011, when 178 parties to the Basel Convention met in Cartagena, Colombia to not only re-endorse the Basel Ban Amendment forbidding the export of hazardous wastes from rich to poorer countries, but also resolve that the Basel Convention must continue to prohibit the dumping of end-of-life vessels on developing countries.
I submit that India's maritime security is under threat from hazardous waste trade mafia.
I submit that those officials of Ministry of Shipping, GPCB and GMB who allowed Platinum II to remain in Indian waters despite denial of permission for beaching must be probed and punished. It is noteworthy that USA’s regulations and European Union regulations prohibit the entry of such vessels in their waters.
I submit that the USA which is a non-party to Basel Convention appears to be testing the robustness to the regulatory regime. If a bad precedent is set by allowing this dead US ship, Indian waters will be flooded with hundreds of dead ships both of military and military origin in the aftermath of the lifting of moratorium on transfer of toxic ships to developing countries by US Government.
I submit that a letter to Parliamentary Standing Committee on Transport, Tourism & Culture informing it about a letter of Shri Rajgopal Sharma, Advisor, Indian Embassy, Brussels dated December 20, 2011 wherein it has been revealed that most of the dead and hazardous ships that are currently at Alang beach are in illegal traffic. The letter was based on Shri Sharma’s conversation with Shri Julio Garcia Burgues, Head of the Waste Management Unit, European Commission – DG Environment. This reveals that even EU is trying to transfer its dead ships to India.
I take the opportunity to also place on record that the 7th Annual Ship Recycling Conference held during 19 - 20 June 2012 in London and the Joint Seminar held in Mumbai on June 14, 2012 are attempts by European ship owners in particular to mutilate Basel Convention and facilitate free trade in hazardous wastes like end-of-life vessels through proposed International Maritime Organisation (IMO)’s Honkong Convention and amendments in the EU Waste Shipment Regulation. Under the Basel Convention end-of-life vessels are considered hazardous wastes and is sensitive to adverse impact of hazardous waste generating global shipping industry on coastal environmental health but the proposed IMO and EU legislations puts profit above gnawing environmental and occupational health concerns. The fact is these are fit cases of corporate crimes.
I submit that ship owning countries are attempting to green wash their sinful act of transferring harm to vulnerable countries like India, Bangladesh and Pakistan disregarding the fact that safe and environmentally responsible vessel dismantling cannot be achieved on a tidal beach as is currently being done amidst deafening and complicit silence of most of the environmental groups of the developed countries.
I submit that Supreme Court's Monitoring Committee on Hazardous Wastes has recommended CBI probe to get to the bottom of the goings on in the hazardous wastes trade.
It is sad but it appears that Alang, Bhavnagar has seceded from India because rule of Indian laws does not seem to regulate the state of affairs their. It has earned notorious reputation of being a fake document factory.
In view of the above facts, there is a compelling logic to intervene earnestly to set matters right by sending the dead US ship away from Indian waters and by ensuring that another US flagged ship called Delaware Trader (IMO No. 8008929) is not allowed to enter Indian waters.
Therefore, CBI and other concerned agencies ought to coordinate their efforts to demonstrate sensitivity towards Indian environmental borders which is routinely being compromised so much so that since 1982 till date more than 5000 dead foreign ships have been dumped in India's fragile coastal environment of Alang beach.
Thanking You
Yours faithfully
Gopal Krishna
Convener
ToxicsWatch Alliance (TWA)
New Delhi
PIN. 110016
Phone: +91-11-26517814, Fax: +91-11-26517814
Mb: 08002263335, 09818089660
E-mail:krishna1715@gmail.com
Web: toxicswatch.blogspot.com
Cc
Shri Anand Sharma, Union Minister of Commerce & Industry
Shri G K Vasan, Union Minister of Shipping
Shri A K Antony, Union Defence Minister
Shri Beni Prasad Verma, Union Minister of Steel
Smt Jayanthi Natrajan, Union Minister of Environment & Forests
Shri Jyotiraditya Madhavrao Scindia, Union Minister of State, Ministry of Commerce & Industry
Chairman & Members, Parliamentary Standing Committee on Science, Technology, Environment & Forests
Shri A K Seth, Cabinet Secretary, Government of India
Shri R K Singh, Secretary, Union Ministry of Home Affairs
Secretary, Union Ministry of Commerce & Industry
Secretary, Union Ministry of Shipping
Secretary, Union Ministry of Environment & Forests
Secretary, Union Ministry of Defence
Secretary, Union Ministry of Steel
Smt. Vijay Laxmi Joshi, Additional Secretary , Union Ministry of Commerce & Industry
Ms Meera Mehrishi, Additional Secretary, HSMD, Union Minister of Environment & Forests
Shri Madhusudan Prasad, Additional Secretary, Union Ministry of Commerce & Industry
Shri Rajeev Kher, Additional Secretary, Union Ministry of Commerce & Industry
Ms Anita Agnihotri, Additional Secretary, Union Ministry of Commerce & Industry
Shri Mukesh Bhatnagar, Additional DGFT, Union Ministry of Commerce & Industry
Dr. Satish B. Agnihotri Director General of Shipping & Ex. Officio Additional Secretary to the Govt. of India
Chairman, Inter Ministerial Committee on Shipbreaking, Union Ministry of Steel
Shri S.S. Bajaj, Chairman, Atomic Energy Regulatory Board, Mumbai
Ms Aditi Das Rout, Director, Union Ministry of Commerce & Industry
Dr. Saroj, Director, HSMD, Union Minister of Environment & Forests
Dr. Manoranjan Hota, Director, HSMD, Union Minister of Environment & Forests
Dr Claude Alvares, Member, Supreme Court Monitoring Committee on Hazardous Wastes
Dr D B Boralkar, Member, Supreme Court Monitoring Committee on Hazardous Wastes
Shri Sanjay Parikh, Lawyer, Supreme Court
Miss Sunita Naraian, Director General, Centre for Science and Environment
Member Secretary, Gujarat Pollution Control Board (GPCB)
Chairman, GPCB
Chairman, Gujarat Maritime Board
Shri S K Sharma, Atomic Energy Regulatory Board
Shri L S Singh, Union Ministry of Steel
ACB, Gandhinagar, CBI
Office of Commissioner, Customs, Ahmedabad
Supreme Court Refuses Relief to dead US ship Exxon Valdez again, refers it to original bench
Written By Krishna on Tuesday, June 26, 2012 | 7:19 AM
Press Release
Supreme Court Refuses Relief to dead US ship Exxon Valdez again, refers it to original bench
Court’s order, International and Indian laws should not be made subservient to US Government’s Ship Disposal Policy
Environment Ministry's Affidavit in dead US ship case contrary to its order in another US ship Platinum II case paves way for more dead US ships like Delaware Trader
New Delhi, June 26, 2012 –In its order dated June 25, 2012, Supreme Court’s Vacation Bench of Justice HL Gokhle and Justice Ranjana Prakash Desai has ordered that the matter of dead US ship Exxon Valdez should be placed before the appropriate Bench.
The ship owners had tried their luck even before another Vacation Bench of Justice Deepak Verma and Justice Sudhanshu Jyoti Mukhopadhya on May 14. Both the benches have refused any relief to the owners of US hazardous dead vessel now named MV Oriental N (Formerly, Oriental Nicety, Exxon Valdez, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean).
On May 3, 2012, the bench of Justice Altamas Kabir and Justice J. Chelameswar in the matter of this US hazardous dead vessel that was trying to enter Indian waters at Alang beach Bhavnagar in its order sought compliance with UN’s Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal to which India is a party. It had refused any berthing permission to the dead ship. The ship owners have failed to comply with the order so far. The continued presence of this dead US ship in Indian waters off Mumbai coast is in violation of court’s order. The authorities must ensure that the ship is sent away from the Indian waters.
Ministry of Environment & Forests appears to be acting contrary to the precedent it set in the matter of Platinum II (ex-SS Independence, MV Oceanic), another US dead ship which entered Indian waters on fake documents and violation of US Toxics Substances Control Act. The same is being violated in this case as well because the ship is PCB laden. The submission of the Ministry is erroneous and will be suitably replied during the course of the hearing.
US Maritime Administration (MARAD)’s dubious act witnessed in the case of Platinum II (ex SS INDEPENDENCE, MV OCEANIC), a dead and hazardous US ship, the real owners had taken Indian law enforcement agencies for a ride due to lack of coordination and cooperation between concerned ministries. In an Office Memorandum No.29-3/2009-HSMD, Government of India, Ministry of Environment & Forests, (HSM Division) dated 9th May, 2011, relating to implementation of Supreme Court directions in respect of ship breaking activities, the previous dead and convicted US ship, Platinum II (Ex SS Oceanic, MV Oceanic) was denied beaching permission but it remained in Indian waters without beaching. It had left US waters despite indictment by US Environment Protection Agency with the apparent connivance of US MARAD. It had entered Indian waters on proven fake documents.
In any case, the Focal Ministry for ship breaking is Ministry of Steel as per court order dated October 14, 2003 and September 6, 2007. The Inter Ministerial Committee on Shipbreaking set up by the order is under this very Ministry. It has made many recommendations which have been filed in the court. These recommendations have not been complied with by Gujarat Maritime Board and Gujarat Pollution Control Board.
A perusal of the Supreme Court orders of June 25, May 3 and May 14 2012 along with the application of Gopal Krishna, ToxicsWatch Alliance seeking compliance with court's order and Basel Convention and the application of Hongkong based Best Oasis company, subsidiary of Gujarat based Priya Blue Ship Recycling Pvt Ltd seeking permission to anchor Exxon Valdez (MV Oriental N) at Alang reveals that the US vessel is non-compliant with US laws, Indian laws and international laws besides the courts order.
The reference to September 6, 2009 directions of court without reference to October 14, 2003 order is misleading because the former orders reproduces ad verbatim every word of the 2003 order.
ToxicsWatch Alliance (TWA) disagrees with selective reporting of facts and court's orders by a section of media. TWA condemns Barack Obama administration’s export of dead and toxic ships like Platinum –II, 'Exxon Valdez' and now 'Delaware Trader' to Indian waters to poisons fragile Indian coastal environment, workers, fishermen, villagers. It demands probe in the role of Indian officials who are colluding with the vested interests from USA.
Another dead and hazardous US flagged ship, “DELAWARE TRADER” (IMO No. 8008929) has been cleared by the U.S. Maritime Administration (US MARAD) for dismantling in the infamous shipbreaking yards of Alang beach, Bhavnagar, Gujarat. It is expected to arrive in Indian waters in the coming days. It was last reported at the Port of Maputo, Mozambique on 13 June, 2012. TWA demands that DELAWARE TRADER should not be allowed to enter Indian waters. These ships enter Indian waters and present fait accompli to the law enforcement agencies.
The ex Exxon Vadez is currently located off Mumbai in a manifest act of illegality. The violations of Supreme Court’s order, international law and the complicit violations of Indian laws and U.S. law is on full display. The rule of law will be tested once again when the DELAWARE TRADER soon arrives in Indian waters, the court will surely compel it to comply with its order.
There are hazardous materials, such as asbestos and polychlorinated biphenyls (PCBs), used in the ship's construction. Workers condition on the Alang beach is one of the worst. They are under extremely dangerous and polluting conditions where workers labor on tidal sands to cut ships up by hand, exposing themselves to the risks of toxic chemicals, fires, explosions and falling steel plates. Pollutants are allowed to flow unimpeded into the marine environment.
The court’s actions are consistent with multilateral decisions made in October 2011, when 178 parties to the Basel Convention met in Cartagena, Colombia to not only re-endorse the Basel Ban Amendment forbidding the export of hazardous wastes from rich to poorer countries, but also resolve that the Basel Convention must continue to prohibit the dumping of end-of-life vessels on developing countries. TWA urges central government to enforce the letter and spirit of Basel Ban Amendment and Basel Convention to save India's environment from hazardous waste trade mafia.
TWA demands that those officials of Ministry of Shipping, GPCB and GMB who allowed Platinum II to remain in Indian waters despite denial of permission for beaching must be probed and punished. It is noteworthy that USA’s regulations and European Union regulations prohibit the entry of such vessels in their waters.
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Mb: 08002263335, 09818089660, E-mail:krishna1715@gmail.com, Web: toxicswatch.blogspot.com
Supreme Court Refuses Relief to dead US ship Exxon Valdez again, refers it to original bench
Court’s order, International and Indian laws should not be made subservient to US Government’s Ship Disposal Policy
Environment Ministry's Affidavit in dead US ship case contrary to its order in another US ship Platinum II case paves way for more dead US ships like Delaware Trader
New Delhi, June 26, 2012 –In its order dated June 25, 2012, Supreme Court’s Vacation Bench of Justice HL Gokhle and Justice Ranjana Prakash Desai has ordered that the matter of dead US ship Exxon Valdez should be placed before the appropriate Bench.
The ship owners had tried their luck even before another Vacation Bench of Justice Deepak Verma and Justice Sudhanshu Jyoti Mukhopadhya on May 14. Both the benches have refused any relief to the owners of US hazardous dead vessel now named MV Oriental N (Formerly, Oriental Nicety, Exxon Valdez, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean).
On May 3, 2012, the bench of Justice Altamas Kabir and Justice J. Chelameswar in the matter of this US hazardous dead vessel that was trying to enter Indian waters at Alang beach Bhavnagar in its order sought compliance with UN’s Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal to which India is a party. It had refused any berthing permission to the dead ship. The ship owners have failed to comply with the order so far. The continued presence of this dead US ship in Indian waters off Mumbai coast is in violation of court’s order. The authorities must ensure that the ship is sent away from the Indian waters.
Ministry of Environment & Forests appears to be acting contrary to the precedent it set in the matter of Platinum II (ex-SS Independence, MV Oceanic), another US dead ship which entered Indian waters on fake documents and violation of US Toxics Substances Control Act. The same is being violated in this case as well because the ship is PCB laden. The submission of the Ministry is erroneous and will be suitably replied during the course of the hearing.
US Maritime Administration (MARAD)’s dubious act witnessed in the case of Platinum II (ex SS INDEPENDENCE, MV OCEANIC), a dead and hazardous US ship, the real owners had taken Indian law enforcement agencies for a ride due to lack of coordination and cooperation between concerned ministries. In an Office Memorandum No.29-3/2009-HSMD, Government of India, Ministry of Environment & Forests, (HSM Division) dated 9th May, 2011, relating to implementation of Supreme Court directions in respect of ship breaking activities, the previous dead and convicted US ship, Platinum II (Ex SS Oceanic, MV Oceanic) was denied beaching permission but it remained in Indian waters without beaching. It had left US waters despite indictment by US Environment Protection Agency with the apparent connivance of US MARAD. It had entered Indian waters on proven fake documents.
In any case, the Focal Ministry for ship breaking is Ministry of Steel as per court order dated October 14, 2003 and September 6, 2007. The Inter Ministerial Committee on Shipbreaking set up by the order is under this very Ministry. It has made many recommendations which have been filed in the court. These recommendations have not been complied with by Gujarat Maritime Board and Gujarat Pollution Control Board.
A perusal of the Supreme Court orders of June 25, May 3 and May 14 2012 along with the application of Gopal Krishna, ToxicsWatch Alliance seeking compliance with court's order and Basel Convention and the application of Hongkong based Best Oasis company, subsidiary of Gujarat based Priya Blue Ship Recycling Pvt Ltd seeking permission to anchor Exxon Valdez (MV Oriental N) at Alang reveals that the US vessel is non-compliant with US laws, Indian laws and international laws besides the courts order.
The reference to September 6, 2009 directions of court without reference to October 14, 2003 order is misleading because the former orders reproduces ad verbatim every word of the 2003 order.
ToxicsWatch Alliance (TWA) disagrees with selective reporting of facts and court's orders by a section of media. TWA condemns Barack Obama administration’s export of dead and toxic ships like Platinum –II, 'Exxon Valdez' and now 'Delaware Trader' to Indian waters to poisons fragile Indian coastal environment, workers, fishermen, villagers. It demands probe in the role of Indian officials who are colluding with the vested interests from USA.
Another dead and hazardous US flagged ship, “DELAWARE TRADER” (IMO No. 8008929) has been cleared by the U.S. Maritime Administration (US MARAD) for dismantling in the infamous shipbreaking yards of Alang beach, Bhavnagar, Gujarat. It is expected to arrive in Indian waters in the coming days. It was last reported at the Port of Maputo, Mozambique on 13 June, 2012. TWA demands that DELAWARE TRADER should not be allowed to enter Indian waters. These ships enter Indian waters and present fait accompli to the law enforcement agencies.
The ex Exxon Vadez is currently located off Mumbai in a manifest act of illegality. The violations of Supreme Court’s order, international law and the complicit violations of Indian laws and U.S. law is on full display. The rule of law will be tested once again when the DELAWARE TRADER soon arrives in Indian waters, the court will surely compel it to comply with its order.
There are hazardous materials, such as asbestos and polychlorinated biphenyls (PCBs), used in the ship's construction. Workers condition on the Alang beach is one of the worst. They are under extremely dangerous and polluting conditions where workers labor on tidal sands to cut ships up by hand, exposing themselves to the risks of toxic chemicals, fires, explosions and falling steel plates. Pollutants are allowed to flow unimpeded into the marine environment.
The court’s actions are consistent with multilateral decisions made in October 2011, when 178 parties to the Basel Convention met in Cartagena, Colombia to not only re-endorse the Basel Ban Amendment forbidding the export of hazardous wastes from rich to poorer countries, but also resolve that the Basel Convention must continue to prohibit the dumping of end-of-life vessels on developing countries. TWA urges central government to enforce the letter and spirit of Basel Ban Amendment and Basel Convention to save India's environment from hazardous waste trade mafia.
TWA demands that those officials of Ministry of Shipping, GPCB and GMB who allowed Platinum II to remain in Indian waters despite denial of permission for beaching must be probed and punished. It is noteworthy that USA’s regulations and European Union regulations prohibit the entry of such vessels in their waters.
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Mb: 08002263335, 09818089660, E-mail:krishna1715@gmail.com, Web: toxicswatch.blogspot.com
ToxicsWatch Alliance Condemns Attack on Prof Bharat Jhunjhunwala
Written By Krishna on Monday, June 25, 2012 | 9:19 AM
In the morning of 22nd June 2012, a mob of about 40 people threatened Prof Bharat Jhunjhunwala and asked him to withdraw his legal representations against the dam.
Daughter of Prof Jhunjhunwala has started a online petition to gather support for his right to agitate in favor of his beliefs. The petition reads: "Some anti social elements attacked Dr Bharat Jhunjhunwala at his residence in Devprayag on 22nd June 2012, and threatened him and his wife. We understand that they were backed by JVK, the company building a 330MW Srinagar hydropower project on Alaknanda river. A police car stationed near Dr Jhunjhunwala's residence left the area at the time of the attack and a Policeman watched on as the attack happened- this indicates complicity of the police and is most shocking. Dr Jhunjhunwala is leading a knowledge-based agitation against dams on the river Ganga to protect the fragile Himalayas. This attack is a violation of the right to freedom of speech and democracy and is a failure of the State of Uttarakhand. We condemn this attack and demand strictest action against those responsible for this act. Please also set up a credible enquiry to ascertain the role of the police."
ToxicsWatch Alliance (TWA) supports Prof. Jhunjhunwala and the cause he espouses. The companies building large hydropower dams in Uttarakhand cannot suppress the voice of the people in favor of environment and peoples rights. Government must ensure that this condemnable act of theirs does not go unpunished. Prof. Jhunjhunwala was formerly with Indian Institute of Management, Bangalore.
The Uttarakhand Chief Minister, Vijay Bahuguna must condemn this act and show that rule of law prevails in the state and ensure that the guilty are punished. The Uttarakhand Chief Minister should speak to Dr Jhunjhunwala and assure him of safety.
डा0 भरत झुनझुनवाला पर हमले की निंदा
डा0 झुनझुनवाला के लक्षमोली गांव {टिहरी गढ़वाल, उत्तराखंड} स्थित घर पर 22 जून,2012 को सुबह लगभग 40 लोगो ने अलकनंदागंगा किनारे उनके आवास पर हमला किया। उन्होने धमकी दी की यदि दो दिन मे डा0 भरत झुनझुनवाला ने बांधों का विरोध बंद नही किया तो उन्हे घर सहित जला दिया जायेगा। डा0 भरत झुनझुनवाला की सुरक्षा की जिम्मेदारी सरकार की है।
Daughter of Prof Jhunjhunwala has started a online petition to gather support for his right to agitate in favor of his beliefs. The petition reads: "Some anti social elements attacked Dr Bharat Jhunjhunwala at his residence in Devprayag on 22nd June 2012, and threatened him and his wife. We understand that they were backed by JVK, the company building a 330MW Srinagar hydropower project on Alaknanda river. A police car stationed near Dr Jhunjhunwala's residence left the area at the time of the attack and a Policeman watched on as the attack happened- this indicates complicity of the police and is most shocking. Dr Jhunjhunwala is leading a knowledge-based agitation against dams on the river Ganga to protect the fragile Himalayas. This attack is a violation of the right to freedom of speech and democracy and is a failure of the State of Uttarakhand. We condemn this attack and demand strictest action against those responsible for this act. Please also set up a credible enquiry to ascertain the role of the police."
ToxicsWatch Alliance (TWA) supports Prof. Jhunjhunwala and the cause he espouses. The companies building large hydropower dams in Uttarakhand cannot suppress the voice of the people in favor of environment and peoples rights. Government must ensure that this condemnable act of theirs does not go unpunished. Prof. Jhunjhunwala was formerly with Indian Institute of Management, Bangalore.
The Uttarakhand Chief Minister, Vijay Bahuguna must condemn this act and show that rule of law prevails in the state and ensure that the guilty are punished. The Uttarakhand Chief Minister should speak to Dr Jhunjhunwala and assure him of safety.
डा0 भरत झुनझुनवाला पर हमले की निंदा
डा0 झुनझुनवाला के लक्षमोली गांव {टिहरी गढ़वाल, उत्तराखंड} स्थित घर पर 22 जून,2012 को सुबह लगभग 40 लोगो ने अलकनंदागंगा किनारे उनके आवास पर हमला किया। उन्होने धमकी दी की यदि दो दिन मे डा0 भरत झुनझुनवाला ने बांधों का विरोध बंद नही किया तो उन्हे घर सहित जला दिया जायेगा। डा0 भरत झुनझुनवाला की सुरक्षा की जिम्मेदारी सरकार की है।
Delhi water supply infrastructure needs overhaul
Note: While water supply system must be rectified and improved in a routine manner. Concerns about water quality concerns must be seen in the backdrop of efforts underway to privatise water in the name of public private partnership (PPP). The infrastructure is not being maintained and is allowed to deteriorate to create a rationale for PPP. These surveys merit attention but its a call for improving water supply infrastructure in Delhi's all the 21 water zones. Citizens can see through the designs. Delhi Jal Board (DJB)'s manpower should be increased and contractual jobs must be regularized to ensure improvement and maintenance of infrastructure. Delhi residents have tasted the results of privatization of electricity, come what may they will not allow water to be privatized. What is required is equitable distribution of water and ban on bottled water industry.
Gopal Krishna
ToxicsWatch Alliance (TWA)
DJB rubbishes report, says supplied water fit for drinking
A day after a water survey was conducted by North Delhi Municipal Corporation revealed the supply of contaminated water in North Delhi areas, the Delhi Jal Board on Thursday contradicted the report and claimed that water being supplied in the area was fit for drinking.
The agency, which is responsible for supply of drinking water in the Capital, said its process for testing the quality of water is governed by the BIS and they are tested on physico-chemical and bacteriological parametres.
“DJB carries out water sample tests by an independent unit headed by Director, Treatment and Quality Control (DTQC). The percentage of purity ranges between 98 to 99 per cent; well within the WHO guidelines. The report for the month of January to May 2012 clearly indicates that the water supplied by DJB to the consumers is potable and meets BIS standards,” it said through a Press statement. DTQC, on an average, collects 300 to 400 water samples per day from various locations from all parts of the city including from consumers end, it added.
The DJB said its water is also tested through an independent National Scientific agency NEERI (National Environment Engineering Research Institute), an ISO 9001-2008 certified organisation. “With a network of more than 16,000 km of water pipeline, the DJB received on an average of 25 to 30 complaints everyday related to local contamination. The matters are immediately referred to the quality control wing which gets the samples lifted from the affected pockets and remedial actions are carried out further. In cases of contamination, affected pockets are isolated from the rest of the distribution network and supply is restored only after identifying and removing the cause of contamination,” it maintained.
21 June 2012
http://www.dailypioneer.com/city/74905-djb-rubbishes-report-says-supplied-water-fit-for-drinking.html
North Delhi water not fit to drink: Survey
Hindustan Times
New Delhi, June 21, 2012
Fifty per cent of drinking water supplied to north Delhi is not fit for consumption and is a carrier of cholera, typhoid and jaundice, surveys conducted by the North Delhi Municipal Corporation have found. On the other hand, people in south Delhi get clean, drinkable water, said a recent survey by the civic body’s south arm and the Delhi Jal Board (DJB).
The north Delhi corporation said that of 258 water samples taken from all six zones under its jurisdiction — City, Civil Lines, Karol Bagh, Rohini, Sadar Paharganj and Narela — 129 failed the bacteriological exam. Civil Lines, Sadar Paharganj and Narela were found to have the worst water with 100% samples from Narela failing the test.
A report prepared on June 16 added that this led to a corresponding increase in cholera cases. Between May 1 and June 15, the corporation registered 41 cases as against 24 in 2011 and 36 in 2010.
The DJB, however, rubbished the “politically motivated” claim. “The report is misleading because DJB’s own tests show the water meets prescribed standards,” said its spokesperson Sanjam Chima. She added that since the corporation conducted the test without involving the DJB, the source of the water was doubtful.
In May too, the three corporations — east, north and south — had pulled up the DJP, which in turn had insisted its water met WHO standards. The three bodies had collected 116 samples then of which 81 were tagged unfit.
http://www.hindustantimes.com/News-Feed/newdelhi/North-Delhi-water-not-fit-to-drink-Survey/Article1-876028.aspx
‘Quarter of Delhi Slum Dwellers Drink Impure Water’: Survey
March 23, 2012
New Delhi: Around a quarter of families living in slums across the national capital are drinking contaminated water, according to a survey released Wednesday.
The survey was conducted ahead of World Water Day Thursday by the NGO “Save the Children” in 60 slum clusters in six districts of Delhi.
The NGO tested different drinking water outlets such as Delhi Jal Board pipelines, water tankers as well as submersible pumps and hand pumps for biological contamination.
The findings show that the quality of water is alarmingly poor in slum clusters across Delhi with around 26.52 percent of families living in Delhi’s slums drinking contaminated water.
“Though tests were confined largely to slums, a few water sources were randomly tested in planned localities as well. It was found that often, the type of habitation is a determinant of water quality. For example, a sample tested in south Delhi’s Alaknanda tested negative,” said the survey.
Water pollution has a direct bearing on the health of people, especially children.
“Children suffering from diarrhoea are more prone to malnutrition and malnourished children are more likely to suffer from diarrhoea. It is a vicious cycle and children often are most vulnerable to it,” said Ishaprasad Bhagwat, National Manager (Health), Save the Children.
https://www.batoi.com/360/odisha/2012/03/23/quarter-of-delhi-slum-dwellers-drink-impure-water-survey/
1 in 5 Delhiites drinks impure water, says survey
Mail Today | New Delhi, March 11, 2011
If you drink water straight from the tap - don't. Every fifth person in the national capital is not getting purified drinking water, which is what the city's water utility, the Delhi Jal Board (DJB) claims to supply, but a potentially deadly cocktail of disease-carrying germs, a survey by the municipal health department has found.
The findings of the survey, which tested water samples from six hundred locations spread across the Capital, are shocking.
Close to 20 per cent of the samples were found to be unfit for human consumption. And that too, by Indian standards, which are ten times higher than the level considered acceptable in the West.
The survey, conducted by the Health Committee of the Municipal Corporation of Delhi (MCD), found that as many as 111 out of the total of 616 samples taken contained more than ten "colony forming units (CFU)" per 100 ml of Coliform bacteria.
The toxic cocktail included Entero Bacter, E.Coli and Salmonella Typhae bacteria. These bacteria enter drinking water if it is contaminated with raw sewage, which contains human excreta.
The result is a virtual bio weapon, which can cause gastrointestinal diseases like typhoid, cholera, gastroenteritis, or jaundice.
Indian standards allow up to 10 CFU per 100 ml. The standard prescribed by the New York municipal authority, on the other hand, is 1 CFU/100 ml.
What is worse, posh areas like South Delhi and Karol Bagh are actually the worst hit as far as water contamination is concerned. The report is an eye-opener for Delhiites.
"Residents of the city are drinking water mixed with sewer water due to negligence of the government and the DJB. It is criminal negligence on the part of the authorities concerned," said Dr V.K. Monga, chairman of the MCD's public health committee.
Dr Monga said the committee decided to act after receiving multiple complaints from many areas regarding the quality of water. "People complained that they were getting water which looked as if sewage was mixed with it," said Monga.
After the complaints, a meeting was held at the civic body's health department in the end of December 2010 and a drive to take water samples from across the city was undertaken.
The samples were collected during the months of January and February and tested at the Delhi government's certified health laboratory. The report was submitted last week. The civic body does undertake periodic water testing, but it was for the first time that a drive on such a large scale was carried out to check the contamination in potable water, claimed Dr Monga. "We send the reports to the Delhi government and the DJB. It is upon them to take further action," added Dr Monga.
Predictably, the DJB hotly denied that anything was wrong with the water it supplied.
Ramesh Negi, the CEO of DJB, raised questions about the places from where the samples had been taken. "If the samples have been taken from unauthorised colonies or clusters, there are obvious issues there which need to be addressed. I am still waiting for an official report from the MCD commissioner," he said.
On the other hand, the report claims that the water samples were lifted from those areas where the DJB is the water supplying agency. The DJB is headed by chief minister Sheila Dikshit as chairperson and is the sole water supply utility in the city.
Delhi BJP president Vijender Gupta blamed the city government for this and said that it could not escape responsibility. "The chief minister is directly responsible for supplying poisonous and contaminated water that is spreading diseases among the people. A case should be filed against her for deliberately indulging in a criminal act."
Negi also claimed that the DJB, on its own, was taking over 400 random samples each day from different places in the Capital. "We have our own mechanisms
in place to check that the people get good quality of water. Each year, we have changed over 200 kilometre of new pipeline. All the mechanisms are in place; let us receive their exact report before giving a reaction," Negi said.
But the situation could actually be worse. Had the samples been taken during peak summer or the rainy season, the findings could have been worse, Dr Monga admitted.
DJB officials said that pipes supplying water in many areas of the city were old. At many places, they also passed by drains. In such a condition, these pipes carrying potable water develop micro-cracks.
The chances of waste water from the drains getting mixed with potable water can't be ruled out at some places, said an officer requesting anonymity.
Manoj Mishra of water NGO Yamuna Jiye Abhiyan said, "It is unfortunate that polluted water is being supplied in the city. It is mainly due to old infrastructure which needs over-hauling."
Read more at: http://indiatoday.intoday.in/story/delhi-mcd-report-reveals-shocking-details-of-drinking-water/1/132079.html
Gopal Krishna
ToxicsWatch Alliance (TWA)
DJB rubbishes report, says supplied water fit for drinking
A day after a water survey was conducted by North Delhi Municipal Corporation revealed the supply of contaminated water in North Delhi areas, the Delhi Jal Board on Thursday contradicted the report and claimed that water being supplied in the area was fit for drinking.
The agency, which is responsible for supply of drinking water in the Capital, said its process for testing the quality of water is governed by the BIS and they are tested on physico-chemical and bacteriological parametres.
“DJB carries out water sample tests by an independent unit headed by Director, Treatment and Quality Control (DTQC). The percentage of purity ranges between 98 to 99 per cent; well within the WHO guidelines. The report for the month of January to May 2012 clearly indicates that the water supplied by DJB to the consumers is potable and meets BIS standards,” it said through a Press statement. DTQC, on an average, collects 300 to 400 water samples per day from various locations from all parts of the city including from consumers end, it added.
The DJB said its water is also tested through an independent National Scientific agency NEERI (National Environment Engineering Research Institute), an ISO 9001-2008 certified organisation. “With a network of more than 16,000 km of water pipeline, the DJB received on an average of 25 to 30 complaints everyday related to local contamination. The matters are immediately referred to the quality control wing which gets the samples lifted from the affected pockets and remedial actions are carried out further. In cases of contamination, affected pockets are isolated from the rest of the distribution network and supply is restored only after identifying and removing the cause of contamination,” it maintained.
21 June 2012
http://www.dailypioneer.com/city/74905-djb-rubbishes-report-says-supplied-water-fit-for-drinking.html
North Delhi water not fit to drink: Survey
Hindustan Times
New Delhi, June 21, 2012
Fifty per cent of drinking water supplied to north Delhi is not fit for consumption and is a carrier of cholera, typhoid and jaundice, surveys conducted by the North Delhi Municipal Corporation have found. On the other hand, people in south Delhi get clean, drinkable water, said a recent survey by the civic body’s south arm and the Delhi Jal Board (DJB).
The north Delhi corporation said that of 258 water samples taken from all six zones under its jurisdiction — City, Civil Lines, Karol Bagh, Rohini, Sadar Paharganj and Narela — 129 failed the bacteriological exam. Civil Lines, Sadar Paharganj and Narela were found to have the worst water with 100% samples from Narela failing the test.
A report prepared on June 16 added that this led to a corresponding increase in cholera cases. Between May 1 and June 15, the corporation registered 41 cases as against 24 in 2011 and 36 in 2010.
The DJB, however, rubbished the “politically motivated” claim. “The report is misleading because DJB’s own tests show the water meets prescribed standards,” said its spokesperson Sanjam Chima. She added that since the corporation conducted the test without involving the DJB, the source of the water was doubtful.
In May too, the three corporations — east, north and south — had pulled up the DJP, which in turn had insisted its water met WHO standards. The three bodies had collected 116 samples then of which 81 were tagged unfit.
http://www.hindustantimes.com/News-Feed/newdelhi/North-Delhi-water-not-fit-to-drink-Survey/Article1-876028.aspx
‘Quarter of Delhi Slum Dwellers Drink Impure Water’: Survey
March 23, 2012
New Delhi: Around a quarter of families living in slums across the national capital are drinking contaminated water, according to a survey released Wednesday.
The survey was conducted ahead of World Water Day Thursday by the NGO “Save the Children” in 60 slum clusters in six districts of Delhi.
The NGO tested different drinking water outlets such as Delhi Jal Board pipelines, water tankers as well as submersible pumps and hand pumps for biological contamination.
The findings show that the quality of water is alarmingly poor in slum clusters across Delhi with around 26.52 percent of families living in Delhi’s slums drinking contaminated water.
“Though tests were confined largely to slums, a few water sources were randomly tested in planned localities as well. It was found that often, the type of habitation is a determinant of water quality. For example, a sample tested in south Delhi’s Alaknanda tested negative,” said the survey.
Water pollution has a direct bearing on the health of people, especially children.
“Children suffering from diarrhoea are more prone to malnutrition and malnourished children are more likely to suffer from diarrhoea. It is a vicious cycle and children often are most vulnerable to it,” said Ishaprasad Bhagwat, National Manager (Health), Save the Children.
https://www.batoi.com/360/odisha/2012/03/23/quarter-of-delhi-slum-dwellers-drink-impure-water-survey/
1 in 5 Delhiites drinks impure water, says survey
Mail Today | New Delhi, March 11, 2011
If you drink water straight from the tap - don't. Every fifth person in the national capital is not getting purified drinking water, which is what the city's water utility, the Delhi Jal Board (DJB) claims to supply, but a potentially deadly cocktail of disease-carrying germs, a survey by the municipal health department has found.
The findings of the survey, which tested water samples from six hundred locations spread across the Capital, are shocking.
Close to 20 per cent of the samples were found to be unfit for human consumption. And that too, by Indian standards, which are ten times higher than the level considered acceptable in the West.
The survey, conducted by the Health Committee of the Municipal Corporation of Delhi (MCD), found that as many as 111 out of the total of 616 samples taken contained more than ten "colony forming units (CFU)" per 100 ml of Coliform bacteria.
The toxic cocktail included Entero Bacter, E.Coli and Salmonella Typhae bacteria. These bacteria enter drinking water if it is contaminated with raw sewage, which contains human excreta.
The result is a virtual bio weapon, which can cause gastrointestinal diseases like typhoid, cholera, gastroenteritis, or jaundice.
Indian standards allow up to 10 CFU per 100 ml. The standard prescribed by the New York municipal authority, on the other hand, is 1 CFU/100 ml.
What is worse, posh areas like South Delhi and Karol Bagh are actually the worst hit as far as water contamination is concerned. The report is an eye-opener for Delhiites.
"Residents of the city are drinking water mixed with sewer water due to negligence of the government and the DJB. It is criminal negligence on the part of the authorities concerned," said Dr V.K. Monga, chairman of the MCD's public health committee.
Dr Monga said the committee decided to act after receiving multiple complaints from many areas regarding the quality of water. "People complained that they were getting water which looked as if sewage was mixed with it," said Monga.
After the complaints, a meeting was held at the civic body's health department in the end of December 2010 and a drive to take water samples from across the city was undertaken.
The samples were collected during the months of January and February and tested at the Delhi government's certified health laboratory. The report was submitted last week. The civic body does undertake periodic water testing, but it was for the first time that a drive on such a large scale was carried out to check the contamination in potable water, claimed Dr Monga. "We send the reports to the Delhi government and the DJB. It is upon them to take further action," added Dr Monga.
Predictably, the DJB hotly denied that anything was wrong with the water it supplied.
Ramesh Negi, the CEO of DJB, raised questions about the places from where the samples had been taken. "If the samples have been taken from unauthorised colonies or clusters, there are obvious issues there which need to be addressed. I am still waiting for an official report from the MCD commissioner," he said.
On the other hand, the report claims that the water samples were lifted from those areas where the DJB is the water supplying agency. The DJB is headed by chief minister Sheila Dikshit as chairperson and is the sole water supply utility in the city.
Delhi BJP president Vijender Gupta blamed the city government for this and said that it could not escape responsibility. "The chief minister is directly responsible for supplying poisonous and contaminated water that is spreading diseases among the people. A case should be filed against her for deliberately indulging in a criminal act."
Negi also claimed that the DJB, on its own, was taking over 400 random samples each day from different places in the Capital. "We have our own mechanisms
in place to check that the people get good quality of water. Each year, we have changed over 200 kilometre of new pipeline. All the mechanisms are in place; let us receive their exact report before giving a reaction," Negi said.
But the situation could actually be worse. Had the samples been taken during peak summer or the rainy season, the findings could have been worse, Dr Monga admitted.
DJB officials said that pipes supplying water in many areas of the city were old. At many places, they also passed by drains. In such a condition, these pipes carrying potable water develop micro-cracks.
The chances of waste water from the drains getting mixed with potable water can't be ruled out at some places, said an officer requesting anonymity.
Manoj Mishra of water NGO Yamuna Jiye Abhiyan said, "It is unfortunate that polluted water is being supplied in the city. It is mainly due to old infrastructure which needs over-hauling."
Read more at: http://indiatoday.intoday.in/story/delhi-mcd-report-reveals-shocking-details-of-drinking-water/1/132079.html
ToxicsWatch Disagrees With Environment Ministry's Submission in dead US ship Exxon Valdez Case
Note: Ministry of Environment & Forests appears to pursue the precedent it set in the matter of Platinum II (ex-SS Independence, MV Oceanic). The submission of the Ministry is erroneous.
A perusal of the Supreme Court orders of May 2012 along with the application of Gopal Krishna seeking compliance with court's order and Basel Convention and the application of Hongkong based Best Oasis company, subsidiary of Gujarat based Priya Blue Ship Recycling Pvt Ltd seeking permission to anchor Exxon Valdez (MV Oriental N)at Alang reveals that the US vessel is non-compliant with US laws, Indian laws and international laws besides the courts order.
The reference to September 6, 2009 directions of court without reference to October 14, 2003 order is misleading because the former orders reproduces ad verbatim every word of the 2003 order.
ToxicsWatch Alliance (TWA)disagrees with selective reporting of facts and court's orders.
ToxicsWatch Alliance (TWA)
Gujarat maritime board to take call on dismantling of ‘toxic’ ship at Alang: Centre to SC
The Union environment and forests ministry has stepped into the controversy over beaching rights and breaking of the ship, Exxon Valdez (rechristened as Oriental Nicety at India's biggest ship-breaking yard at Alang by leaving the decision to the Gujarat Maritime Board (GMB). Responding to environment activist Gopal Krishna's application in the Supreme Court for decontamination of the vessel before permission to beach at Alang, the ministry in its affidavit said: "The local authority concerned, GMB, may take a decision for anchoring and subsequent beaching and breaking of the ship in strict compliance of the apex court's September 6, 2009, directions."
http://articles.timesofindia.indiatimes.com/2012-06-24/pollution/32392870_1_alang-dead-ships-gmb
The Times of India, New Delhi, June 25, 2012
A perusal of the Supreme Court orders of May 2012 along with the application of Gopal Krishna seeking compliance with court's order and Basel Convention and the application of Hongkong based Best Oasis company, subsidiary of Gujarat based Priya Blue Ship Recycling Pvt Ltd seeking permission to anchor Exxon Valdez (MV Oriental N)at Alang reveals that the US vessel is non-compliant with US laws, Indian laws and international laws besides the courts order.
The reference to September 6, 2009 directions of court without reference to October 14, 2003 order is misleading because the former orders reproduces ad verbatim every word of the 2003 order.
ToxicsWatch Alliance (TWA)disagrees with selective reporting of facts and court's orders.
ToxicsWatch Alliance (TWA)
Gujarat maritime board to take call on dismantling of ‘toxic’ ship at Alang: Centre to SC
The Union environment and forests ministry has stepped into the controversy over beaching rights and breaking of the ship, Exxon Valdez (rechristened as Oriental Nicety at India's biggest ship-breaking yard at Alang by leaving the decision to the Gujarat Maritime Board (GMB). Responding to environment activist Gopal Krishna's application in the Supreme Court for decontamination of the vessel before permission to beach at Alang, the ministry in its affidavit said: "The local authority concerned, GMB, may take a decision for anchoring and subsequent beaching and breaking of the ship in strict compliance of the apex court's September 6, 2009, directions."
http://articles.timesofindia.indiatimes.com/2012-06-24/pollution/32392870_1_alang-dead-ships-gmb
The Times of India, New Delhi, June 25, 2012
Parliamentary Committee Invites Comments on Development of Fisheries
Parliamentary Standing Committee on Agriculture Invites Comments on Development of Fisheries. The comments must be sent within three weeks of June 12, 2012. Fishermen from Alang beach, Bhavnagar, Gujarat should make their submissions to the committee.
UN, EU team up to prevent nuclear disasters
Written By Krishna on Saturday, June 23, 2012 | 9:56 AM
United Nations: The UN and the European Union have launched a programme in a bid to prevent future biological and nuclear disasters around the world.
The Centres for Excellence (CoE) Initiative is designed to alleviate the risks of crimes related to chemical, biological, radiological and nuclear disasters (CBRN) by promoting coherent CBRN policies, according to a press statement issued here Friday.
The UN and EU will cooperate with each other to prevent nuclear disasters.
“The initiative maximizes existing capacities and supports countries to better address the risks posed by CBRN,” Jonathan Lucas, director of the UN Interregional Crime and Justice Research Institute (UNICRI) said in the statement.
At a press conference here, Bruno Dupre, policy coordinator for CBRN issues for the EU Diplomatic Service, said the agency aims to increase cooperation, vigilance and dialogue in those regions that are at higher risk of nuclear disaster.
Dupre also noted that the CoE Initiative is not a programme to respond to crisis, but to avoid any future crises, Xinhua reported.
Currently, the initiative involves more than 60 countries and has been launched in eight regions, including Ukraine and Moldova, Central Asia, South East Europe, as well as several regions in Africa, he added.
Jun 23, 2012
IANS
The Centres for Excellence (CoE) Initiative is designed to alleviate the risks of crimes related to chemical, biological, radiological and nuclear disasters (CBRN) by promoting coherent CBRN policies, according to a press statement issued here Friday.
The UN and EU will cooperate with each other to prevent nuclear disasters.
“The initiative maximizes existing capacities and supports countries to better address the risks posed by CBRN,” Jonathan Lucas, director of the UN Interregional Crime and Justice Research Institute (UNICRI) said in the statement.
At a press conference here, Bruno Dupre, policy coordinator for CBRN issues for the EU Diplomatic Service, said the agency aims to increase cooperation, vigilance and dialogue in those regions that are at higher risk of nuclear disaster.
Dupre also noted that the CoE Initiative is not a programme to respond to crisis, but to avoid any future crises, Xinhua reported.
Currently, the initiative involves more than 60 countries and has been launched in eight regions, including Ukraine and Moldova, Central Asia, South East Europe, as well as several regions in Africa, he added.
Jun 23, 2012
IANS
US Government’s Ship Disposal Policy Anti-India, Anti-Environment
Written By Krishna on Thursday, June 21, 2012 | 11:21 PM
Press Release
US Government’s Ship Disposal Policy Anti-India, Anti-Environment
Barack Obama administration export of dead and toxic ships like Platinum –II, 'Exxon Valdez' and now 'Delaware Trader' to Indian waters poisons fragile Indian coastal environment, workers, fishermen, villagers
Supreme Court's actions are consistent Cartagena Resolution for UN's Basel Ban Amendment forbidding export of hazardous wastes from rich countries
New Delhi, June 22, 2012 – Yet another dead and hazardous US flagged ship, “DELAWARE TRADER” (IMO No. 8008929) has been cleared by the U.S. Maritime Administration (US MARAD) for dismantling in the infamous shipbreaking yards of Alang beach, Bhavnagar, Gujarat. It is expected to arrive in Indian waters in the coming days. It was last reported at the Port of Maputo, Mozambique on 13 June, 2012.
In an act that tests the legal might of Indian law enforcement agencies, this authorization and export of the toxic ship comes within weeks of the recent Supreme Court of India ruling that barred the U.S. built EXXON VALDEZ (renamed ORIENTAL NICETY, now called MV ORIENTAL N) from berthing at Indian shipbreaking beaches due to non-compliance with UN’s Basel Convention on Transboundary Movement of Hazardous Wastes and Their Disposal on the complaint by ToxicsWatch Alliance (TWA).
The EXXON VALDEZ is currently located off Mumbai in a manifest act of illegality. The violations of Supreme Court’s order, international law and the complicit violations of Indian laws and U.S. law is on full display. The rule of law will be tested once again when the DELAWARE TRADER soon arrives in Indian waters, the court will surely compel it to comply with its order.
TWA, an applicant in the Supreme Court in the Exxon Valdez case (hazardous wastes/shipbreaking matter) has sent a letter to the Government of India and relevant state agencies intimating them of grave concerns about maritime security and environmental security in particular and national security in general as has been outlined in the Ministry of Defence documents.
TWA has submitted that there are hazardous materials, such as asbestos and polychlorinated biphenyls (PCBs), used in the ship's construction. Workers condition on the Alang beach is one of the worst. They are under extremely dangerous and polluting conditions where workers labor on tidal sands to cut ships up by hand, exposing themselves to the risks of toxic chemicals, fires, explosions and falling steel plates. Pollutants are allowed to flow unimpeded into the marine environment. U.S.-based ship recyclers and environmental organizations are wondering as to why Government of USA is allowing what is very likely to be illegal exports instead of recycling the ships at home.
TWA condemns Barack Obama Administration's U.S. ship disposal policy that ignores the law, poisons workers and export its harm to countries like India where competence and infrastructure to deal with its own hazardous wastes is starkly missing.
The DELAWARE TRADER was built in 1982 with a U.S. taxpayer-guaranteed loan – funds from the Title XI Federal Ship Financing Program. While this government backed loan has since been settled, the PCBs, asbestos and other hazardous materials used to construct the ship have not been properly addressed. The MARAD did notify the U.S. EPA of probable concerns with PCB contamination given the vessel's vintage, and reminded the EPA that the vessel’s export could violate the U.S. Toxic Substances Control Act (TSCA). Under TSCA an export of any vessel containing regulated concentrations (PCBs >50 parts per million) in any material on the ship would be illegal. The EPA however ignored MARAD's warning and chose to simply look the other way, thereby authorizing the vessel for export to India for disposal with no assessment of PCB content in the ship. This export then is likely to be a violation of U.S. law.
The export of the DELAWARE TRADER to India is also a breach of the United Nations Basel Convention, which prohibits the dumping of hazardous wastes on developing countries. While the U.S. is an active observer of Basel proceedings, the U.S. has still not formally ratified the Convention. Therefore, as a non-party state, the U.S. is not permitted to export waste to Basel-ratifying states such as India. Thus, U.S. ships that land on India’s shipbreaking beaches violate the fundamental rules of the Basel Convention and are illegal under international law.
Unlike the U.S. government, the Supreme Court of India has taken notice and blocked the berthing of U.S. built EXXON VALDEZ in May 2012 after it arrived in Indian waters without first being pre-cleaned of hazardous waste. The court’s actions are consistent with multilateral decisions made in October 2011, when 178 parties to the Basel Convention met in Cartagena, Colombia to not only re-endorse the Basel Ban Amendment forbidding the export of hazardous wastes from rich to poorer countries, but also resolve that the Basel Convention must continue to prohibit the dumping of end-of-life vessels on developing countries. TWA urges central government to enforce the letter and spirit of Basel Ban Amendment and Basel Convention to save India's environment from hazardous waste trade mafia.
TWA has asked concerned Ministries of Government of India and Gujarat State to block the DELAWARE TRADER from entering its waters and to uphold the principles of the Basel Convention in the same manner as the recent Supreme Court action against the U.S. built EXXON VALDEZ. The DELAWARE TRADER and the EXXON VALDEZ were both constructed at the same yard, and therefore likely contain similar hazards within their construction. TWA appeals to the Government of USA to take immediate steps to change its ship disposal policy so that such ships never again are exported to countries like India to exploit desperate laborers.
TWA hold that US Maritime Administration (US MARAD) is attempting to set a bad precedent for hundreds of such ships to be dumped in Indian waters in connivance by US MARAD and some gullible Indian officials.
It wishes to repeat its dubious act witnessed in the case of Platinum II (ex SS INDPENDENCE, MV OCEANIC), a dead and hazardous US ship, the real owners had taken Indian law enforcement agencies for a ride due to lack of coordination and cooperation between concerned ministries. In an Office Memorandum No.29-3/2009-HSMD, Government of India, Ministry of Environment & Forests, (HSM Division) dated 9th May, 2011, relating to implementation of Supreme Court directions in respect of ship breaking activities, the previous dead and convicted US ship, Platinum II (Ex SS Oceanic, MV Oceanic) was denied beaching permission but it remained in Indian waters without beaching. It had left US waters despite indictment by US Environment Protection Agency with the apparent connivance of US MARAD. It had entered Indian waters on proven fake documents.
The attached letter has been sent to Union Defence Minister with copies to concerned ministries and departments like Ministry of Shipping, Union Ministry of Environment & Forests, Union Ministry of Commerce & Industry, Union Ministry of Steel, Atomic Energy Regulatory Board, Mumbai, Gujarat Pollution Control Board (GPCB), Gujarat Maritime Board (GMB), Anti Corruption Branch, Gandhinagar, Central Bureau Investigation and Office of Commissioner, Customs, Ahmedabad besides Supreme Court Monitoring Committee on Hazardous Wastes. The matter has also been brought to the attention of Sanjay Parikh, the Supreme Court lawyer who is pursuing the matter since 1995.
Meanwhile, Basel Action Network, an environmental organization of the USA based in Seattle has issued a statement charged Obama Administration of ignoring U.S. Law and poisons Asian workers. It has denounced U.S. Ship Disposal Policy calling it 'Shameful' following the export of 'Exxon Valdez' and 'Delaware Trader' to Indian beaches.
TWA has sought urgent intervention in this matter of environmental security concerns from the entry of dead US vessel, MV Oriental N (formerly Exxon Valdez, Oriental Nicety, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean) to ensure that the dead and toxic US vessel is sent away from the Indian waters.
TWA demands that those officials of Ministry of Shipping, GPCB and GMB who allowed Platinum II to remain in Indian waters despite denial of permission for beaching must be probed and punished.
It is noteworthy that USA’s regulations and European Union regulations prohibit the entry of such vessels in their waters.
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Mb: 08002263335, 09818089660, E-mail:krishna1715@gmail.com, Web: toxicswatch.blogspot.com
US Government’s Ship Disposal Policy Anti-India, Anti-Environment
Barack Obama administration export of dead and toxic ships like Platinum –II, 'Exxon Valdez' and now 'Delaware Trader' to Indian waters poisons fragile Indian coastal environment, workers, fishermen, villagers
Supreme Court's actions are consistent Cartagena Resolution for UN's Basel Ban Amendment forbidding export of hazardous wastes from rich countries
New Delhi, June 22, 2012 – Yet another dead and hazardous US flagged ship, “DELAWARE TRADER” (IMO No. 8008929) has been cleared by the U.S. Maritime Administration (US MARAD) for dismantling in the infamous shipbreaking yards of Alang beach, Bhavnagar, Gujarat. It is expected to arrive in Indian waters in the coming days. It was last reported at the Port of Maputo, Mozambique on 13 June, 2012.
In an act that tests the legal might of Indian law enforcement agencies, this authorization and export of the toxic ship comes within weeks of the recent Supreme Court of India ruling that barred the U.S. built EXXON VALDEZ (renamed ORIENTAL NICETY, now called MV ORIENTAL N) from berthing at Indian shipbreaking beaches due to non-compliance with UN’s Basel Convention on Transboundary Movement of Hazardous Wastes and Their Disposal on the complaint by ToxicsWatch Alliance (TWA).
The EXXON VALDEZ is currently located off Mumbai in a manifest act of illegality. The violations of Supreme Court’s order, international law and the complicit violations of Indian laws and U.S. law is on full display. The rule of law will be tested once again when the DELAWARE TRADER soon arrives in Indian waters, the court will surely compel it to comply with its order.
TWA, an applicant in the Supreme Court in the Exxon Valdez case (hazardous wastes/shipbreaking matter) has sent a letter to the Government of India and relevant state agencies intimating them of grave concerns about maritime security and environmental security in particular and national security in general as has been outlined in the Ministry of Defence documents.
TWA has submitted that there are hazardous materials, such as asbestos and polychlorinated biphenyls (PCBs), used in the ship's construction. Workers condition on the Alang beach is one of the worst. They are under extremely dangerous and polluting conditions where workers labor on tidal sands to cut ships up by hand, exposing themselves to the risks of toxic chemicals, fires, explosions and falling steel plates. Pollutants are allowed to flow unimpeded into the marine environment. U.S.-based ship recyclers and environmental organizations are wondering as to why Government of USA is allowing what is very likely to be illegal exports instead of recycling the ships at home.
TWA condemns Barack Obama Administration's U.S. ship disposal policy that ignores the law, poisons workers and export its harm to countries like India where competence and infrastructure to deal with its own hazardous wastes is starkly missing.
The DELAWARE TRADER was built in 1982 with a U.S. taxpayer-guaranteed loan – funds from the Title XI Federal Ship Financing Program. While this government backed loan has since been settled, the PCBs, asbestos and other hazardous materials used to construct the ship have not been properly addressed. The MARAD did notify the U.S. EPA of probable concerns with PCB contamination given the vessel's vintage, and reminded the EPA that the vessel’s export could violate the U.S. Toxic Substances Control Act (TSCA). Under TSCA an export of any vessel containing regulated concentrations (PCBs >50 parts per million) in any material on the ship would be illegal. The EPA however ignored MARAD's warning and chose to simply look the other way, thereby authorizing the vessel for export to India for disposal with no assessment of PCB content in the ship. This export then is likely to be a violation of U.S. law.
The export of the DELAWARE TRADER to India is also a breach of the United Nations Basel Convention, which prohibits the dumping of hazardous wastes on developing countries. While the U.S. is an active observer of Basel proceedings, the U.S. has still not formally ratified the Convention. Therefore, as a non-party state, the U.S. is not permitted to export waste to Basel-ratifying states such as India. Thus, U.S. ships that land on India’s shipbreaking beaches violate the fundamental rules of the Basel Convention and are illegal under international law.
Unlike the U.S. government, the Supreme Court of India has taken notice and blocked the berthing of U.S. built EXXON VALDEZ in May 2012 after it arrived in Indian waters without first being pre-cleaned of hazardous waste. The court’s actions are consistent with multilateral decisions made in October 2011, when 178 parties to the Basel Convention met in Cartagena, Colombia to not only re-endorse the Basel Ban Amendment forbidding the export of hazardous wastes from rich to poorer countries, but also resolve that the Basel Convention must continue to prohibit the dumping of end-of-life vessels on developing countries. TWA urges central government to enforce the letter and spirit of Basel Ban Amendment and Basel Convention to save India's environment from hazardous waste trade mafia.
TWA has asked concerned Ministries of Government of India and Gujarat State to block the DELAWARE TRADER from entering its waters and to uphold the principles of the Basel Convention in the same manner as the recent Supreme Court action against the U.S. built EXXON VALDEZ. The DELAWARE TRADER and the EXXON VALDEZ were both constructed at the same yard, and therefore likely contain similar hazards within their construction. TWA appeals to the Government of USA to take immediate steps to change its ship disposal policy so that such ships never again are exported to countries like India to exploit desperate laborers.
TWA hold that US Maritime Administration (US MARAD) is attempting to set a bad precedent for hundreds of such ships to be dumped in Indian waters in connivance by US MARAD and some gullible Indian officials.
It wishes to repeat its dubious act witnessed in the case of Platinum II (ex SS INDPENDENCE, MV OCEANIC), a dead and hazardous US ship, the real owners had taken Indian law enforcement agencies for a ride due to lack of coordination and cooperation between concerned ministries. In an Office Memorandum No.29-3/2009-HSMD, Government of India, Ministry of Environment & Forests, (HSM Division) dated 9th May, 2011, relating to implementation of Supreme Court directions in respect of ship breaking activities, the previous dead and convicted US ship, Platinum II (Ex SS Oceanic, MV Oceanic) was denied beaching permission but it remained in Indian waters without beaching. It had left US waters despite indictment by US Environment Protection Agency with the apparent connivance of US MARAD. It had entered Indian waters on proven fake documents.
The attached letter has been sent to Union Defence Minister with copies to concerned ministries and departments like Ministry of Shipping, Union Ministry of Environment & Forests, Union Ministry of Commerce & Industry, Union Ministry of Steel, Atomic Energy Regulatory Board, Mumbai, Gujarat Pollution Control Board (GPCB), Gujarat Maritime Board (GMB), Anti Corruption Branch, Gandhinagar, Central Bureau Investigation and Office of Commissioner, Customs, Ahmedabad besides Supreme Court Monitoring Committee on Hazardous Wastes. The matter has also been brought to the attention of Sanjay Parikh, the Supreme Court lawyer who is pursuing the matter since 1995.
Meanwhile, Basel Action Network, an environmental organization of the USA based in Seattle has issued a statement charged Obama Administration of ignoring U.S. Law and poisons Asian workers. It has denounced U.S. Ship Disposal Policy calling it 'Shameful' following the export of 'Exxon Valdez' and 'Delaware Trader' to Indian beaches.
TWA has sought urgent intervention in this matter of environmental security concerns from the entry of dead US vessel, MV Oriental N (formerly Exxon Valdez, Oriental Nicety, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean) to ensure that the dead and toxic US vessel is sent away from the Indian waters.
TWA demands that those officials of Ministry of Shipping, GPCB and GMB who allowed Platinum II to remain in Indian waters despite denial of permission for beaching must be probed and punished.
It is noteworthy that USA’s regulations and European Union regulations prohibit the entry of such vessels in their waters.
For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), Mb: 08002263335, 09818089660, E-mail:krishna1715@gmail.com, Web: toxicswatch.blogspot.com