Patna/New Delhi: With Bihar State
Pollution Control Board (BSPCB) cancelling the No Objection Certificate given to
the asbestos factory units of Tamil Nadu based Nibhi Industries Pvt Ltd and
Ramco Industries, Bihar is all set to be free of asbestos based factories like
more
than 50 countries that have banned production, use, manufacture and trade of
the hazardous mineral fiber, Asbestos. These countries are: Nepal, Algeria,
Czech Republic, Iceland, Malta, Seychelles, Argentina, Denmark, Ireland,
Mozambique, Slovakia, Australia, Egypt, Israel, Netherlands, Slovenia, Austria,
Estonia, Italy, New Caledonia, South Africa, Bahrain, Finland, Japan, Norway,
Spain, Belgium, France, Jordan, Oman, Sweden, Brunei, Gabon, South Korea,
Poland, Switzerland, Bulgaria, Germany, Kuwait, Portugal, Turkey, Chile,
Greece, Latvia, Qatar, United Kingdom, Croatia, Honduras, Lithuania, Romania,
Uruguay, Cyprus, Hungary, Luxembourg and Saudi Arabia. All the 27 countries of
European Union have banned it. There is a logical compulsion based on
scientific and medical evidence including resolutions of WHO and ILO to ban asbestos
of all kinds including white asbestos to save life and health of Indians.
WHO’s
views are available at: http://www.who.int/ipcs/assess
While the successful protests were underway in Muzaffarpur
and Vaishali three asbestos plants got set up in Bhojpur district because of localization
of media. The Bhojpur media was not reporting on the successful anti-asbestos
struggle in other districts.
Due to incessant efforts of Ban Asbestos Network of India (BANI)
and ToxicsWatch Alliance (TWA) along with Parwaywarn Bachao Jeewan Bachao
Sangharsh Samiti and Parywawarn Swasthya Suraksha Samiti pointing out
non-compliance with environmental laws, BSPCB has revoked its emission-consent
order and discharge consent order which was valid till 31st March,
2018. Chairman, BSPCB has ordered, the company in question, Tamil Nadu based
Nibhi Industries Pvt Ltd. to “close your industrial unit with immediate effect,
failing which complaints shall be filed u/ss. 44 of the Water (Prevention and
Control of Pollution) Act, 1974 and 37 of the Air (Prevention and Control of
Pollution) Act, 1981.” This land
allotment was considered to be part of the scam that led to an inquiry into
allotments by Bihar Industrial Area Development Authority (BIADA).
In Bhojpur's Giddha village in Koilwar block, the 100,000 MT
Capacity Asbestos Fibre Cement Corrugated Sheet, Flat Sheet, Accessories and
Light Weight Fly Ash Block Plant acquired 15 acres. The plant site is located
adjacent to Ara-Koilwar road.
When it was repeatedly pointed out the violations of the
general and specific conditions given the environmental clearance and NOC by
Ramco Industries, BSPCB’s Chairman took its cognizance. He has issued an order
saying, “I therefore, have no option but to treat this unit as a non-compliant
industry and am not inclined to renew the Emission-Consent-Order and
Discharge-Consent-Order for further period beyond 31.3.2016. The applications
for Emission-Consent-Order and Discharge-Consent-Order dated 12.2.2016 are,
accordingly, refused.”
A 120,000 MT/Annum capacity Asbestos Cement Sheet Plant and a
200,000 MT/Annum capacity Asbestos Grinding Plant was set up in Bihiya block of
Bhojpur by by Tamil Nadu based Ramco Industries Ltd. It is noteworthy that only
120,000 MT/Annum capacity Asbestos Cement Sheet Plant had the clearance from
the BSPCB. The second unit of bigger capacity functions without any clearance.
The project was allotted 20 acres by the state government on lease for 90
years. Although the company had approval for only one factory, it has been
running two units. It was given approval for only the 120,000 MT/Annum capacity
Asbestos Cement Sheet Plant and not it’s 200,000 MT/Annum capacity Asbestos
Grinding Plant
The villagers complained against the hazardous factories in
their proximity that manufacture chrysotile white asbestos-cement products. The
hazardous asbestos waste has been dumped indiscriminately in the adjoining
villages and the agricultural fields. When one worker died of asbestos related
disease in the Ramco factory, her daughter has filed a case in the human rights
commission. The company has given a compensation of Rs 5, 000 in matter of a
death of this dead person (mritak ki maut) avoiding to mention his
status as a worker and arguing that he was a cook in the factory and not a
worker. This case is sub judice with Bihar Human Rights Commission. Workers
of this factory have been on strike on several occasions but they have been
silenced with the help of unscrupulous local leaders and officials of easy
virtue. Local news papers and Patna based newspapers had highlighted the
pollution and health related complaints of the villagers. Besides Associated
Press a special program of Doordarshan had highlighted the issue of
asbestos factory amidst densely populated villages.
The struggle in Bihar is part of the national and global struggle against
trade, manufacture and use of killer fibers of asbestos.
The companies involved misled the villagers by telling them that agro-based
factories will be set up. Initially, when they bought the land they did not
disclose that it was for asbestos based factories. When students of 10th
and 12th standard found that it was going to be hazardous factory,
they pointed out that as per their biology and chemistry text books asbestos
causes incurable lung diseases.
After more than five years of villagers' struggle against
lung cancer causing asbestos based plant of West Bengal based Balmukund company
in Chainpur-Bishunpur, Marwan block in Muzaffarpur district of Bihar was
closed. It had approval for 3 lakh ton per annum capacity. Bitter resistance
against the proposal of West Bengal based Utkal Asbestos Limited (UAL) at Chaksultan Ramppur Rajdhari near Panapur in Kanhauli
Dhanraj Panchayat of in Goraul block in Vaishali made the Bihar Chief Minister
Nitish Kumar intervene after a delegation of leaders from Left parties and
anti-asbestos activists met him in this regard. I worked with Khet Bachao Jeevan Bachao Jan Sangarsh Committee of Muzaffarpur
and Vaishali to resist the setting up such hazardous plants and represented it
in negotiations. Bihar State Pollution Control Board (BSPCB) cancelled the No
Objection Certificate given to the UAL company. It had approval for 2.5 lakh
ton per annum capacity. This company also operated Giddha, Bhojpur based asbestos
factory for some time as well.
UAL company had filed cases against the State, Khet Bachao Jeevan Bachao Jan Sangarsh Committee and Gopal
Krishna making wild allegations in the Patna High Court. The Court asked
Central Pollution Control Board (CPCB) to constitute a committee to examine the
matter. CPCB’s report irrationally favoured the company. Although CPCB tried to
exert undue influence on BSPCB, the latter resisted it. High Court allowed the
BSPCB to take a decision. After he was presented a memorandum signed by 10, 000
villagers, BSPCB’s Chairman Prof. Subhash Chandra Singh stood his ground
against the factory because it had violated the Battery Limit fixed for such
hazardous industries. Company representatives compared harmful effects of asbestos exposure
to harm from drinking too much alcohol and road accident. This was emphatically
rejected by the villagers as quite insensitive.
Villagers outwitted the corporate media which has been
reluctant to publish anti-asbestos stories by wall writing in the villages
adjoining the plant demanding halting of the construction of the plant.
The struggle led to stoppage of proposed asbestos based plant
of 1.25 lak tons per annum (TPA) capacity in Pandaul, Sagarpur, Hati tehsil in
Madhubani. The proposal of 2.5 lakh TPA capacity plant by Hyderabad Industries
Ltd in Kumar Bagh, Bettiah, West Champaran has also been stopped. The company
has constructed a boundary wall amidst rich agricultural field but faces court
cases from villagers.
Questions were raised against these plants in Bihar Vidhan
Sabha and Vidhan Parishad. Abdul Bari Siddiqui, the then
leader of opposition (and current Bihar Finance Minister) raised the issue of
hazardous asbestos factories in Vidhan Sabha. In another significant observation
Awadhesh Narain Singh Chairperson, Bihar Legislative Council (BLC) and former
labour minister said, “buying asbestos is akin to buying cancer” and “pain
of asbestos related diseases is worse than the pain of unemployment.” The speech
of Chairman, BLC is available at http://www.youtube.com/watc
This struggle faced false cases, police action and
hooliganism by company supported anti-social elements.
Now it will be logical for the State Government to withdraw
fake cases against Gopal Krishna and other villagers. These cases were registered
in the Police Station in Vaishali in Bihar. This and all related cases must be
withdrawn at the earliest. The matter is being heard in the lower court. All
these cases because of a case against adverse impact of asbestos in National Human
Rights Commission (NHRC) [Case Details of File Number: 2951/30/0/2011] that
is being pursued. NHRC issued notices to different Union Ministries, States,
Union Territories on the issue of banning use of White Asbestos following complaint
by TWA. The industry impleaded itself in the case. Now that NHRC has received
the replies from all the State Govts, concerned central ministries and counter
replies from TWA, the verdict is on the horizon. In this regard NHRC website
says, “The Chief Secretary, Government of Bihar has not yet
offered his comments….and sought report (on) whether the directions contained
in the judgement of Supreme Court in the WP No 260 of 1986 are being followed
in the State.” NHRC "is considering the reports received from concerned
authority" as of August 13, 2016. Given the fact that NOC of all the asbestos
based factories been cancelled by BSPCB, State Government should apprise NHRC
of the cancellation orders.
In India, asbestos mining is technically
banned and trade in asbestos waste (dust and fibers) is also banned but the
process of banning trade, manufacturing and use of white asbestos is held up
due to lobbying at the behest of asbetsos producing countries.
Central government’s apathy towards victims of primary and
secondary exposure of killer asbestos mineral fibers shows that in the conflict
between naked lust for profit and public health, it is choosing to be complicit
with the former. The legacy of callousness towards victims of asbestos related
diseases refuses to learn lessons from the epidemic of such diseases world over
due to past usage of asbestos. Asbestos related diseases have a long incubation
period ranging from 5-50 years.
In a message dated August 13, 2016 for BANI, Prof. Colin L. Soskolne, University of Alberta, Canada Adjunct Professor, Faculty of Health, University of Canberra, Australia Fellow, American College of Epidemiology and Fellow, Collegium Ramazzini pointed out that asbestos related diseases have a long incubation period ranging from "5 - 50" years" which has serious implications.
Union Environment Ministry’s Vision Statement on Environment
and Human Health reads, "Alternatives to asbestos may be used to the
extent possible and use of asbestos may be phased out" but the Experts
Appraisal Committee of this very ministry continues to give environmental
clearance to such hazardous industries. This is notwithstanding the fact that
"The Government of India is considering the ban on use of chrysotile
asbestos in India to protect workers and the general population against primary
and secondary exposure," as announced in a concept paper by the Ministry
of Labour. Both these documents are available on central government’s website
but struggle to make Indians safe from deadly exposure of asbestos fibers
continues in the face of misinformation campaign of the killer industry.
After becoming liquor free, now that Bihar is all set to be free
of asbestos based factories, one is hopeful that health being a State subject,
Bihar will take a lead by banning asbestos procurement and use in the state to
pave the way for other state governments and the central government to follow.
Responding to anti-asbestos struggle Bihar Chief Minister had
claimed that he will puncture this industry but the task of decontaminating
asbestos laden factory sites, building, preparing a register of victims of
asbestos related diseases, creating an inventory of asbestos based products and
announcing a compensation fund for victims of fatal diseases remains to be
undertaken. It has reliably been learnt that the preliminary work of identifying
victims have begun.
Ban Asbestos Network of India (BANI) and ToxicsWatch Alliance
(TWA) have been pursuing the campaign for a nation-wide for more than a decade
to save present and future generation from asbestos related diseases. This
effort has received the support of left and some socialist parties.
FOR DETAILS: Gopal
Krishna, Ban Asbestos Network of India (BANI)-ToxicsWatch Alliance (TWA), Mb: 08227816731, 09818089660, E-mail-1715krishna@gmail.com,
Web: www.toxicswatch.org
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