Bihar
Environment Minister misinforms State Assembly about Supreme Court’s Order on
Asbestos, adverse health impact studies
Supreme
Court orders of 1997 and 2011 categorically refer to studies that has established
proven relation between asbestos exposure and incurable lung cancer
World
Bank and Asian Development Bank documents underline the carcinogenic risks of asbestos
fibers
Patna/New Delhi, April 10,
2013: In his reply in the State Assembly, Sushil Kumar Modi, Bihar Minister of
Environment & Forests has been misled into saying “Hon’ble Supreme Court
while dismissingthe Writ Petition (Civil) No. 260/2004 filed to get asbestos
and products made from it, held that there is no available credible study on
the basis of which direct relationship of cancer disease with use of asbestos
can be proved.” This reply in Hindi
is attached along with its English translation.
Contrary to what the
Bihar Environment Minister said, Supreme Court in its judgment in the above
mentioned case, dated January 21, 2011at paragraph 14 reads as under:
“14. In the matter relating to secondary
exposure of workers to asbestos, though the grounds have been taken in the Writ
Petition without any factual basis, again in the Rejoinder filed to the counter
affidavit of respondent No.37, this issue has been raised by the petitioner in
detail. In the earlier judgment of this Court in the case of Consumer Education
and Research Centre (supra), hazards arising out of primary use of asbestos
were primarily dealt with, but certainly secondary exposure also needs to be
examined by the Court. In that judgment, the Court had noticed that it would,
thus, be clear that diseases occurred wherever the exposure to the toxic or
carcinogenic agent occurs, regardless of the country, type of industry, job
title, job assignment or location of exposure. The diseases will follow the
trail of the exposure and extend the chain of the carcinogenic risk beyond the
work place. In that judgment, the Court had also directed that a review by the
Union and the States shall be made after every ten years and also as and when
the ILO gives directions in this behalf consistent with its recommendations or
conventions. Admittedly, 15 years has expired since the issuance of the
directions by this Court. The ILO also made certain specific directions vide
its resolution of 2006 adopted in the 95th session of the International Labour
Conference. It introduced a ban on all mining, manufacture, recycling and use
of all forms of asbestos. As already noticed, serious doubts have been raised
as to whether `controlled use' can be effectively implemented even with regard
to secondary exposure. These are circumstances which fully require the
concerned quarters/authorities in the Government of India as well as the State
Governments to examine/review the matter in accordance with law, objectively,
to achieve the greater health care of the poor strata of the country who are
directly or indirectly engaged in mining or manufacturing activities of
asbestos and/or allied products.”
The Supreme Court in
its judgment dated January 21, 2011 in Writ Petition (Civil) No.260 of 2004
referred to its directions of January 27, 1995 in the Writ Petition (Civil) No.
206 of 1986 that are required to be strictly adhered to including fresh
International Labour Organisation (ILO) resolution on Asbestos dated June 14,
2006.
It is clear that both
the Supreme Court and Court have taken note of the resolution of WHO and ILO
which seek elimination of all forms of asbestos.
Bihar Environment
Minister was asked: Is it true that due to pollution happening due to asbestos
factories, diseases like Mesothelioma, Asbestosis, lung cancer occur which is
hazardous to health?
He replied, “So far there
has been no study in the country to establish this fact in a credible manner.”
Bihar Environment
Minister should note that Smt Sushma Swaraj has informed the Parliament, “…the
Indian Council of Medical Research (ICMR) is of the view that long term
exposure to any type of asbestos can lead to development of asbestosis, lung
cancer and Mesothelioma” and referred to the need for complying with “ILO directions”
as per Supreme Court order on August 13, 2003.
Bihar Environment
Minister should note that Environment Impact Assessment (EIA) reports also
categorically admit to the relationship between exposure to asbestos and
diseases like mesothelioma, asbestosis and lung cancer.
Union Minister of
Health and Family Welfare, Dr. C.P. Thakur informed the Parliament that “Some of the countries in the world like
France, U.K., Sweden, Norway, Denmark, Netherland, Finland, Germany, Italy,
Belgium, Austria, Poland and Saudi Arabia have banned the use of Asbestos” on
August 22, 2001.
Bihar Environment
Minister, a member of Bihar Legislative Council (BLC) feigns ignorance about
the views of Chairman, BLC, Dr Thakur and Smt Sushma Swaraj regarding asbestos
hazards.
The government agencies
like Directorate General, Factory Advice Service and Labour Institutes
(DGFASLI) took note of Prevalence of Asbestosis and Related Disorders in a
Asbestos Fiber Processing Unit in West Bengal as early as in 1996. Reference: Prevalence of Asbestosis and
Related Disorders in a Asbestos Fiber Processing Unit in West Bengal. http://www.dgfasli.nic.in/
It must be noted that Secretary (Labour), Bihar was a member of a 11 member Working Group of
a Planning Commission to prepare the Xth Five Year Plan on Occupational Safety
and Health at the workplace under the Chairmanship of Vinod Vaish, Secretary, Ministry of Labour,
Government of India vide their order no. M-13015/9/2000-LEM/LP dated
27.04.2001. In its 159 page report dated September 2001, the Working
Group noted that “The workers are also exposed to a host of hazardous
substances, which have a potential to cause serious occupational diseases such
as asbestosis…” It has recorded that various studies conducted by the Central
Labour Institute have revealed substantial prevalence of occupational health
disorders amongst the workers such as Asbestosis. The prevalence rate for
Asbestosis was reported to be 7.25%. It has been acknowledged that “At the same
time the number of occupational diseases reported is very meager…This makes it
evident that early identification of occupational diseases is required. It has
recommended that “To meet these requirements, measures are needed for
diagnostic facilities and appropriate training in the field of occupational
health. Occupational health hazards and diseases to the workmen employed in
asbestos industries are of great concern to the industries, Govt. and the
public. The Honorable Supreme Court of India in its judgement dated 27th
January, 1995 relating to the Public Interest Litigation No.206 of 1986 had
given several directions concerning the protective measures to be taken against
the hazards of exposure to asbestos at workplaces such as mining and
manufacturing activities. In the light of Supreme Court directives, it is
proposed to launch a comprehensive programme for the protection of the health
of the workers engaged in hazardous industries with adequate mechanisms for
monitoring of work environment and diagnosis and control of disease.”
Union Ministry of
Labour has revealed that that the “Government of India is considering the ban
on use of chrysotile asbestos in India to protect the workers and the general
population against primary and secondary exposure to Chrysotile form of
Asbestos" at page no. 28 of its concept paper at the two-day 5th India-EU
Joint Seminar on “Occupational Safety and Health” during 19-20 September, 2011.
It is noteworthy that
Dow Chemicals Company has set aside $2.2 billion in compensation fund to
address future asbestos-related liabilities arising out of acquisition of Union
Carbide Corporation and its Indian investments in 1999. Many manufacturers of
asbestos-containing products have gone bankrupt in USA as a result of asbestos
litigation.
Even World Bank has a
policy against asbestos since 1991. "The Bank increasingly prefers to
avoid financing asbestos use...Thus, at any mention of asbestos in
Bank-assisted projects, the Task Manager needs to exercise special care."
(World Bank’s Environmental Assessment
Sourcebook, Vol. 3, World Bank Technical Paper #154) The guideline says: “The
onus is on proponents to show the unavailability of alternatives.”
A 229 page report
of Asian Development Bank (ADB) titled “India: Preparing the Bihar Urban
Development Project—Environmental Impact Assessment for Bhagalpur Water Supply”,
Project Number: 7106 prepared for Urban Development and Housing Department,
Government of Bihar in June 2011 at page no. 94 deals with Asbestos Cement (AC)
Pipes. It reads: “An additional, particularly acute health risk presented by
this subproject derives from the fact that, the existing water supply system
may comprises partially AC pipes, so there is a risk of contact with
carcinogenic material if these pipes are uncovered in the course of the work.”
ToxicsWatch Alliance
demands that Government of Bihar should also set up a compensation fund to
provide compensation to the asbestos victims of past exposure by making
asbestos based companies liable for knowingly exposing workers, consumers and
citizens to asbestos fibers.
Clearly, there is a
compelling logic for Bihar’s Ministry of Environment & Forests to revise
its views which are brining disrepute to State especially among world’s scientific
and medical community.
For Details: Gopal Krishna, Convener, ToxicsWatch Alliance
(TWA),
Web: www.toxicswatch.org, E-mail: gopalkrishna1715@gmail.com, Mb:
9818089660
Ajit Kr Singh,
Convener, Khet Bachao Jeevan Bachao Jan Sangharsh Committee (KBJBJC), Vaishali,
Mb: 09931669311, E-mail:ajeetsinghpushkar@
English Translation of the Reply of Shri
Sushil Kumar Modi, Minister of Environment & Forests, Bihar to Starred
Question No. chh-29 of Shri Sanjay Singh Tiger, Hon’ble Member Bihar State
Assembly
|
Questioner
Answerer
|
|
Shri Sanjay Singh Tiger
(Shri Sushil Kumar Modi)
|
|
Member, Bihar State Assembly Minister of
Environment & Forests, Bihar, Patna
|
(1) Is it true that asbestos factory is
located Answer is Positive
in Bhojpur district’s Giddha and Bihiya?
(2) Is it true that due to pollution
happening due to So far there has been no study in the
asbestos factories diseases like Mesothelioma, country to establish this fact in a credible
Asbestosis, lung cancer occur which is hazardous manner
to health?
(3) Is it true that due to harm from
pollution of According to
World Health Organisation
asbestos factories 55 countries and has been asbestos has been banned in
western
removed from in India’s Haryana, Delhi and countries. There is no information
related
Maharashtra states to
removal or closure of asbestos factory
in any state of
India
(4) If answer to above sections is
positive In
Bihar state these industries has been set
then what is the justification of setting up such up after taking environmental clearance
life taking factories in Bihar? from the
Ministry of Environment & Forests
Government of India. Both these units
have been established in Bihar
Industrial Development Authority.
From the inspection of the it is clear that
Asbestos fiber in the environment
and dust –particles are within standards
Hon’ble
Supreme Court while dismissing
the Writ Petition (Civil) No. 260/2004 filed
to get ban on asbestos and products made from
it, held that there is no
available credible
study on the basis of which
direct relationship of
cancer disease
with use of asbestos can be proved.
Government of Bihar
Ministry of Environment & Forests
Reference Bihar Legislative Assembly.
71/13-1188, Date: 25-3-2013
Sent by Girish Kumar, Joint Secretary
of Government for information and necessary action to Secretariat, Bihar State
Assembly.
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