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Showing posts with label Asbestos. Show all posts

Dry colors may have cancer causing asbestos dust and other toxic substances

Written By mediavigil on Friday, March 18, 2022 | 8:28 PM


 Briefing Paper

March 2022

Dry colors may have cancer causing asbestos dust and other toxic substances

Brighter the color, greater the danger of toxicity

Holi, a festival of myriad colors -- red, yellow, blue, green, magenta, purple, orange, golden, black, silver etc marks the harvest of rabi crop and the arrival of spring which was traditionally celebrated using natural colored extracts from herbs and plants.

In the current industrial chemical dye age, unwittingly these natural herbs and plants got replaced by synthetic dyes, most of which contain a plethora of chemicals. In general there are three categories of colors in the market – pastes, dry powder and water colors. These could be hazardous. If hazardous ones are mixed with oil and applied to the skin, the harmful chemicals can enter easily through the skin into the body system with both short-term and long-term adverse health consequences. Playing with toxic industrial dyes often results in various skin and eye related complaints in a significant number of people immediately following the celebration.

Looks of seemingly harmless and apparently pleasing colors could be toxic. This is because of the presence of cheap materials like mica, acids, alkalis, pieces of glass, which not only induce skin disorders like abrasion, irritation, itching but can impair vision, cause respiratory problems and also cancer.

The green/bluish-green colors are related to higher incidence of ocular toxicity. Analysis of eyewash fluid collected from the patients exposed to these colors revealed it.

Medical researchers recommend that use of such toxic colors should be discouraged, and all doctors should caution people against using synthetic dyes. This case report highlights the need to put manufacturing of Holi colors under guidelines of the Food and Drug Cosmetic Act and the Bureau of Indian Standards. Colors which are used during the festival merit examination.

Pastes

Holi pastes contain very hazardous chemicals that can have severe health effects. Some of them are listed below according to their color:

Color Chemical Health Effects 
Black Lead oxide Renal Failure
Green Copper Sulphate Eye Allergy & Temporary Blindness
Silver Aluminium Bromide Carcinogenic
Blue Prussian Blue Contract Dermatitis
Red Mercury Sulphite Highly toxic can cause skin cancer

Dry Colors

Dry colors or gulals have two components—a colorant which is toxic and a base which could either be asbestos or silica both of which are capable of causing health hazards.

Silica may dry as well as chap the skin and lung infections.

Asbestos, a known human carcinogen enters the lung. It can result in lung cancer even in micro-quantities i.e. the slightest of exposure increases risk. Asbestos is a group of naturally occurring fibrous minerals with current or historical commercial usefulness due to their extraordinary tensile strength, poor heat conduction, and relative resistance to chemical attack. For these reasons, asbestos is used for insulation in buildings and as an ingredient in a number of products, such as roofing shingles, water supply lines, and fire blankets, as well as clutches and brake linings, gaskets, and pads for automobiles.The main forms of asbestos are chrysotile (white asbestos) and crocidolite (blue asbestos). Other forms include amosite, anthophylite, tremolite and actinolite. All forms of asbestos are carcinogenic to humans. Exposure to asbestos, including chrysotile, causes cancer of the lung, larynx, and ovaries, and also mesothelioma (a cancer of the pleural and peritoneal linings). Asbestos exposure is also responsible for other diseases such as asbestosis (fibrosis of the lungs), and plaques, thickening and effusion in the pleura.All forms of asbestos is banned in some 70 countries. India has banned mining of asbestos minerals but not its trade, manufacture and use. 85 % of asbestos used in India comes from Russia. World Health Organisation (WHO) has recommended its ban for elimination of asbestos related diseases. 
 

With resolution 60.26, the World Health Assembly requested WHO to carry out a global campaign for the elimination of asbestos-related diseases "…bearing in mind a differentiated approach to regulating its various forms - in line with the relevant international legal instruments and the latest evidence for effective interventions…". Cost-effective interventions for prevention of occupational lung diseases from exposure to asbestos are among the policy options for implementing the "Global Action Plan for the Prevention and Control of Noncommunicable Diseases" (2013-2020), as endorsed by the Sixty-sixth World Health Assembly in resolution WHA66.10 in 2013.

Eliminating asbestos-related diseases is particularly targeted at countries still using chrysotile asbestos, in addition to assistance in relation to exposures arising from historical use of all forms of asbestos.

WHO, in collaboration with the International Labour Organization (ILO) and other intergovernmental organizations and civil society, works with countries towards elimination of asbestos-related diseases by:

    recognizing that the most efficient way to eliminate asbestos-related diseases is to stop the use of all types of asbestos;
    providing information about solutions for replacing asbestos with safer substitutes and developing economic and technological mechanisms to stimulate its replacement;
    taking measures to prevent exposure to asbestos in place and during asbestos removal (abatement);
    improving early diagnosis, treatment, and rehabilitation services for asbestos-related diseases;
    establishing registries of people with past and/or current exposures to asbestos and organizing medical surveillance of exposed workers; and
    providing information on the hazards associated with asbestos-containing materials and products, and by raising awareness that waste containing asbestos should be treated as hazardous waste.
 
The major constituent of the colorants in gulals are mostly heavy metals that are known systemic toxins. These heavy metals not only get deposited in the kidneys, liver and bones but are also capable of disrupting the metabolic functions.

Heavy metals Health effects
Lead Learning disability
Chromium Bronchial asthma, Allergies
Cadmium Itai Ita disease (fragile bones)
Nickel Dermatitis pneumonia
Mercury Minimata disease (disorder of the nervous system)
Zinc Fever
Iron Skin becomes sensitive to light

Lead is the most dangerous of all the heavy metals found in holi colors. It can affect the nervous system, kidneys and the reproductive system. Among children, it can affect the physical and mental growth, even in small quantities. If a pregnant woman is exposed to lead, it can be carried to the unborn child and damage its nervous system. It can even result in premature birth, low birth weight, miscarriage or abortion.

Cadmium has been classified a probable human carcinogen. In an attempt to ascertain the presence of heavy metals in gulals,

Red colors are likely to contain mercury which is a very toxic metal that can enter the body through the skin and even by inhalation. It has the potential to pass through the brain barrier and the placental barrier and is also known to affect the sensitive organs like kidney, liver and the central nervous system.

Blue colors are likely to have copper. The organs that are targeted by this metal are eyes, skin, respiratory system, liver and the kidneys.

Water Colors

Gentian violet, a widely used color concentrate during holi can cause skin discolouration, dermatitis, develop skin allergy or irritation of mucous membrane. It is very toxic in concentrated form and can lead to keratoconjunctivitis and dark purple staining of the cornea.

Exposure to Holi colors that have an alkaline base can cause injury, the severity of which depends upon the area of contact and the degree of penetration. For example, if the color enters the eye, it can damage the ocular surface and cause temporary visual disability, discomfort and complications that pose a great danger to the vision.

Sensitive areas like the eyes should be avoided while playing with colors. If a colour comes in contact with the eye, one should immediately wash it with large amounts of water and incase irritation persists, medical aid should be sought immediately.

Organic Holi Colors

Organic holi colors made from vegetable dyes are harmless. Those who cannot lay hands on these organic colors, return to the traditional way and celebrate using tesu flowers. These flowers can be boiled and soaked overnight to get a rich yellow color. If one is not able to find these flowers in the market, use household recipes to get some nice shades and colors. One can boil the petals of marigold flowers or the peels of pomegranate (Anar)and soak them overnight to get yellow colour. For rich magenta red, use beetroot or the stem of castor (Aran) and for orange red try henna leaves (mehndi).

One can use turmeric or even red sandalwood powder to make holi pastes. These would not just impart color but would also be good for skin as they are endowed with some therapeutic values.

In India, production and sale of Holi colors is done without any quality checks. Even in cases where colors are available in a packaged form, there is little or no information for the consumer about the source of the colors, their contents, and possible toxic effects. While it is about time Union Ministry of Chemicals and Bureau of Indian Standards, Union Ministry of Consumer Affairs regulated the industrial color production and sale, consumers ought to say no to toxic chemical colors forever.

Gopal Krishna


References
Sudip Kumar Ghosh et al (2009). The ‘Holi’ Dermatoses: Annual Spate of Skin Diseases following spring festival in India, Indian Journal of Dermatology, Jul-Sep; 54(3): 240–242 

 
Gopal Krishna (2003). The Ugly Truth Behind The Colourful World,  india.indymedia.org/en/2003/03/3761.shtml
 

T. Velpandian et al (2007) Ocular hazards of the colors used during the festival-of-colors (Holi) in India—Malachite green toxicity, Journal of Hazardous Materials, Volume 139, Issue 2, 10 January, p. 204–208
 

(2007).Bilateral periorbital necrotizing fasciitis following exposure to Holi colors: A case report, http://www.ijo.in/article.asp?issn=0301-4738;year=2007;volume=55;issue=5;spage=373;epage=374;aulast=Chauhan

(2018) Asbestos: elimination of asbestos-related diseases, World Health Organisation, 15 February, https://www.who.int/news-room/fact-sheets/detail/asbestos-elimination-of-asbestos-related-diseases

Complaint to CDSCO regarding ongoing exposure of Indians to hazardous asbestos mineral fibers contaminated Talcum Powder of Johnson & Johnson

Written By mediavigil on Wednesday, May 27, 2020 | 2:37 AM


To

Drugs Controller General of India
Central Drugs Standard Control Organization (CDSCO),
Directorate General of Health Services
Union Ministry of Health and Family Welfare,

Government of India
FDA Bhavan, ITO, Kotla Road,
New Delhi -110002

Date: May 27, 2020

Subject- Complaint regarding ongoing exposure of Indians to hazardous asbestos mineral fibers contaminated Talcum Powder of Johnson & Johnson

Sir,      

This is to draw your immediate attention of CDSCO towards the announcement dated May 19, 2020 by Johnson & Johnson, a multinational company headquartered in New Brunswick, New Jersey, USA stating that it will discontinue sale of its Talcum Powder products in North America. This announcement is aimed at safeguarding the health of residents and citizens of North America but not the residents and citizens of India. Such doublespeak and double standard in matters of public health in general and children’s health in particular merits urgent intervention of the CDSCO. (Reference: Statement of Johnson & Johnson, May 19, 2020, https://www.jnj.com/our-company/johnson-johnson-consumer-health-announces-discontinuation-of-talc-based-johnsons-baby-powder-in-u-s-and-canada)

We wish to point out that “the Company will wind down the commercialization of talc-based Johnson’s Baby Powder in the U.S. and Canada in the coming months. Existing inventory will continue to be sold through retailers until it runs out.” The news report titled Johnson & Johnson to End Talc-Based Baby Powder Sales in North America published in The New York Times merits attention as well. (Reference: Tiffany Hsu and Roni Caryn Rabin, May 19, 2020, https://www.nytimes.com/2020/05/19/business/johnson-baby-powder-sales-stopped.html).

We submit that a study titled "Asbestos in commercial Indian talc" published in the American Journal of Industrial Medicine states that “this product study of various talcum powders marketed to combat prickly heat, purchased from Indian retailers both overthecounter and online, demonstrates the ease of general population access to such products and the potential for significant exposure to asbestos. The analytical results of this study confirm that asbestos exposure of the Indian and potentially greater Southeast Asian populations is not limited to traditional occupational settings.” The findings of this study “imply that the asbestosrelated medical and public health implications to consider will need to extend to persons of both genders and all ages among this population group. This study's confirmation of an underappreciated source of asbestos exposure, through personal care products, also highlights the risk that anyone within breathing range of these aerosolizeable, contaminated, talcum products incurs.” The authors of the study observe, “"Until asbestos is also viewed as a hazard in India and banned, there will still be considerable risk to health." There is a need to identify the source of their talc supply as well. (Reference: : Fitzgerald S, Harty E, Joshi TK, Frank AL. Asbestos in commercial indian talc. American Journal of Industrial Medicine. 2019; 18. https://doi.org/10.1002/ajim.22969 )

We submit that Word Health Organisation (WHO)’s International Agency for Cancer Research (IARC) has recognized presence of asbestos in talcum powder. IARC Monograph on the Evaluation of Carcinogenic Risks to Humans on Carbon Black, Titanium Dioxide, and Talc (2010) refers to the presence of asbestos in talcum powder. It also refers to "Use of talc for feminine hygiene". The use of body powder for feminine hygiene can be estimated from the prevalence reported for controls in case–control studies that investigated the association between the use of cosmetic talc for feminine hygiene and the risk for ovarian cancer. It refers to exposure to respirable dust during the use of talcum powders on the face, body and babies. Talc is used as a surface lubricant on the majority of condoms manufactured; contact with condoms may also represent a direct means of exposure of the female genital tract to talc. Exposure to talc can also occur during surgical procedures when using powdered gloves. Talc particles were observed in the navels of small children, in the testes, on the vocal cords, in the urinary bladder tract and after removal of varicous veins. Besides this the Food Chemical Codex (2003) provides specifications for food-grade talc, including the statement that “talc derived from deposits that are known to contain associated asbestos is not food grade.” Under the voluntary guidelines initiated in 1976, the Cosmetic, Toiletry, and Fragrances Association stated that all cosmetic talc should contain at least 90% platy talc (hydrated magnesium silicate) that is free from detectable amounts of fibrous, asbestos minerals. Meanwhile, some 67 countries have banned all kinds of asbestos. World Health Organisation (WHO)’s recommendations have established the infectious nature of Covid-19, the same WHO has underlined that “All types of asbestos cause lung cancer, mesothelioma, cancer of the larynx and ovary, and asbestosis (fibrosis of the lungs).” (Reference: https://www.who.int/ipcs/assessment/public_health/asbestos/en/ and https://www.who.int/news-room/fact-sheets/detail/asbestos-elimination-of-asbestos-related-diseases)

Fitzgerald S et al observe, “With products of this nature being readily available and appealing to both genders, it is necessary to consider what the potential health risks and burdens of disease are for millions of exposed women of childbearing age and the children for whom they provide care. IARC has confirmed the causal association of asbestos with ovarian cancer and other cancers”.

We submit that the CDSCO must undertake the enviro-occupational health audit of the workers who handle asbestos laden talcum powder in the manufacturing facilities of talcum powder products in general besides the health audit of the communities who are in the vicinity of such factories and recommend adequate compensation for those who are exposed to the carcinogenic mineral fibers and are suffering from asbestos related diseases. This will be also relevant for assessing the harm which the unsuspecting consumers continue to face. These consumers include all judges, legislators, officials, their children and grandchildren and the residents of India.

Earlier, an investigative report titled “Johnson & Johnson knew for decades that asbestos lurked in its Baby Powder” was published on December, 14, 2018 which too is relevant for protecting the human rights of Indians. The investigation was conducted by Reuters, a 167 year old international news agency headquartered in London. This investigative report is consistent with the findings of a study by India’s Industrial Toxicology Research Centre (IITR), Lucknow, a constituent laboratory of Council of Scientific & Industrial Research (CSIR), Ministry of Science and Technology, Government of India on “Exposure risk to contaminants in pharmaceutical and cosmetic powders” has found that “There are different types of cosmetic powders such as body powder, baby powder, face powder, eye shadow and powdered blush as well as pharmaceutical powders available in the market. Both the sexes of all age groups are using these powders. These are talc - based. Talc is a mineral product and often contaminated with asbestos fibres.”

The aim of the IITR study “was to investigate the safety of such powders being sold in the market, initially by analyzing the asbestos content. Five branded samples of talcum powder were analysed and all were found contaminated with asbestos fibres. Asbestos fibre contamination in these powders ranged from 10.3 – 15.4%. Fibre length study on two samples revealed that asbestos fibres were 22.8 – 34.7%, 48.2 – 55.1% and 17.1 – 22.1% in the range of <10 10="" 20="" and="" m=""> 20µm, respectively. The study indicates risk of human exposure to asbestos through the use of naturally contaminated talcum powder. It is noteworthy that asbestos takes many years to cause asbestosis and carcinogenic malignancies which are irreversible. It also necessitates a regular monitoring and surveillance on all the cosmetic and pharmaceutical powders being marketed for asbestos contamination.” This has been published in the Annual Report Annual Report 2005-2006 of IITR. IITR is accredited by National Accreditation Board for Testing and Calibration Laboratories (NABL) for chemical and biological testing and is recognized for GLP (Good Laboratory Practice) toxicity testing. (Reference: http://www.itrcindia.org/ITRC_Annual_Report_2005-06.pdf )

The investigation by Reuters corroborates the findings of IITR. This recent investigation was undertaken in the wake of three verdicts in New Jersey, California and St. Louis awarding compensation to plaintiffs who blamed asbestos-tainted Johnson & Johnson talc products for their mesothelioma, a type of cancer that develops from the thin layer of tissue that covers many of the internal organs. The connection between asbestos exposure and mesothelioma was discovered in the 1970s. The third verdict was a watershed in in St. Louis: The 22 plaintiffs were the first to succeed with a claim that asbestos-tainted Baby Powder and Shower to Shower talc, a longtime brand the company sold in 2012 that caused ovarian cancer, which is much more common than mesothelioma. The jury awarded them $4.69 billion in damages. Most of the talc cases have been brought by women with ovarian cancer who say they regularly used Johnson and Johnson talc products as a perineal antiperspirant and deodorant. The inclusion of ovarian cancer besides mesothelioma has broadened the potential liability of Johnson & Johnson, a 132 year old multinational medical devices, pharmaceutical and consumer packaged goods manufacturing company headquartered in New Brunswick, New Jersey, USA.

Earlier, British Medical Journal (BMJ) published an article titled “Jury awards $4.7bn damages against Johnson & Johnson in talcum cancer case” published in the renowned British Medical Journal (BMJ). As per BMJ’s article, “More than 9000 former US talcum customers have lodged suits against the company. Most claim damages for ovarian cancer, but some allege that using the product led them to develop mesothelioma. The award is by far the biggest yet against Johnson and Johnson in litigation relating to talcum powder and the first case in which plaintiffs alleged that asbestos in talcum powder caused their disease. The verdict was handed down in the Circuit Court of the City of St. Louis. ((Reference: BMJ 2018; 362 doi: https://doi.org/10.1136/bmj.k3135)

We reiterate that this investigative report is of deep relevance for the public health of present and future generation of Indians given the fact that Johnson & Johnson company has admittedly been in India for last 70 years. The company has brought many products in consumer healthcare, medical devices and pharmaceuticals. In 1947, Johnson & Johnson expanded into India, marketing Johnson’s Baby Powder. In September 1957, Johnson & Johnson incorporated as a legal entity in India. The production in its first manufacturing facility began in 1959 at the Johnson & Johnson India plant in Mulund, Mumbai, for Johnson’s Baby Powder and other specialized products. In 1968, the company introduces the Stayfree brand to India. A situation emerged wherein Johnson & Johnson reached almost every household in India.  

The Reuters investigative report refers to the findings of Dr. Irving J. Selikoff who had conclusively established a link between the inhalation of asbestos particles and lung-related ailments in the 1960s itself that paved the way for ban on asbestos of all kinds in some 60 countries. Dr. Selikoff was the director of the Environmental and Occupational Health Division of Mount Sinai Hospital in New York. It is significant that Ms Lisa Girion of Reuters has shared the official documents on the basis of which she has made these startling claims in her investigative report.  

We wish to reiterate that in a Terms of Reference dated October 25, 2010 issued by Union Environment & Forests Ministry for a proposed Asbestos cement sheet and accessories manufacturing unit of 1,80,000 Tonnes Per Annum capacity at Narsimharaopalem Village, Veerulupadu Tehsil, Krishna District, Andhra Pradesh by M/s Sahyadri Industries Limited made reference to "talc and chrysotile”.

Prior to the Reuters report, a 2014 paper published in the International Journal of Occupational and Environmental Health titled "Asbestos in commercial cosmetic talcum powder as a cause of mesothelioma in women" by Ronald E Gordon et al concluded "we found that a specific brand of talcum powder contained identifiable asbestos fibers with the potential to be released into the air and inhaled during normal personal talcum powder application. We also found that asbestos fibers consistent with those found in the same cosmetic talc product were present in the lungs and lymph node tissues of a woman who used this brand of talc powder and developed and died from mesothelioma. This study was published in October 2014. (Reference: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4164883/)

We submit that the investigation by Reuters reveals that “Johnson & Johnson developed a strategy in the 1970s to deal with a growing volume of research showing that talc miners had elevated rates of lung disease and cancer: Promote the positive, challenge the negative. That approach was summed up by a J&J applied research director in a “strictly confidential” March 3, 1975, memo to managers of the baby products division, which used the talc in J&J’s signature Baby Powder. Its approach reads: “Our current posture with respect to the sponsorship of talc safety studies has been to initiate studies only as dictated by confrontation,” the memo said. “This philosophy, so far, has allowed us to neutralize or hold in check data already generated by investigators who question the safety of talc.” It reveals that scientific ghostwriters have been hired for long to hide evidence of “cancer concern associated with exposure to talc.” Based on an Italian study, one such ghost authored article that appeared in the Journal of Occupational and Environmental Medicine, in 1976 found no mesothelioma, the signature cancer of asbestos exposure. The Italian study in question has been updated three times – in 1979, 2003 and 2017 – “confirming the lack of association between exposure to asbestos-free talc, lung cancer and mesothelioma.” The investigative underlines that Johnson & Johnson got a lot of mileage out of the study. It was cited in a review article titled “The Biology of Talc,” published Nov. 1, 1976, in the British Journal of Industrial Medicine.

In addition to dozens of published studies, the review cited unpublished research, including one experiment that used a doll as a proxy for infants and that supported the company’s position on the safety of talc. It didn’t disclose that Johnson & Johnson had commissioned the unpublished research. The author of the review article concluded that the “concern that has been expressed about the possible health hazard from consumer exposure to cosmetic talc is unwarranted … There is no evidence that its normal use poses a hazard to health.” The author was Hildick-Smith, the Johnson & Johnson physician executive who had overseen the Italian study and played a key role in the company’s talc safety research. The article did not disclose his Johnson & Johnson connection, identifying him only as a Rutgers University Clinical Assistant Professor of Pediatrics.

In a related event, I was a panelist at a Round Table Conference on Issues Related to Asbestos Use in India held at India International Centre, New Delhi on December 21, 2009, wherein Dr Iqbal Ahmad, a scientist from IITR, Lucknow said that there are many different sources of asbestos exposures which need to be looked at. He identified talc (powder) as a major source which has asbestos contamination and exposes a large section of population, especially children and women. Talc is used in several industries as raw material. He said that we do have numbers of talc based cosmetic powders in India. China is the largest producer of talc. Some 47 companies which used to procure Chinese talc powder had to withdraw their product from market in South Korea due to high asbestos contamination.

We submit that CDSCO’s intervention will be germane in the light of the judgment of Hon’ble Supreme Court in Consumer Education and Research Centre (CERC) Vs Union of India (1995 AIR 922, 1995 SCC (3) 42) that recognized right to health as part of right to life and had directed central and state governments to revise their law related asbestos in keeping with fresh resolutions of International Labour Organisation (ILO). ILO’s asbestos related resolution of June 2006 is relevant in this regard (Reference: https://www.ilo.org/safework/info/standards-and-instruments/WCMS_108556/lang--en/index.htm  . The ILO resolution was followed by a joint publication of WHO and ILO titled "Outline for the Development of National Programmes for Elimination of Asbestos-Related Diseases" published in December 2007. It creates a logical compulsion for urgent remedial action. (Reference: https://www.ilo.org/global/topics/safety-and-health-at-work/resources-library/publications/WCMS_108555/lang--en/index.htm)

In view of the above, we submit that instead of waiting for the coo withdraw its asbestos-laden talcum powder products-both baby powder and adult powder, the CDSCO must prevent preventable diseases and deaths by banning these products with immediate effect.

Thanking You

Yours faithfully
Gopal Krishna
ToxicsWatch Alliance (TWA)
Occupational Health India (OHI)
E-mail:krishnaruhani@gmail.com 
Web:www.toxicswatch.org







Asbestos company's case against Govt all set to be dismissed by Patna High Court

Written By Krishna on Friday, August 18, 2017 | 7:47 AM

Tamil Nadu’s Nibhi asbestos company’s case against Bihar State Pollution Control Board (BSPCB), Bihar Industrial Area Development Authority (BIADA) and Bihar Government is listed for order before Justice Shivaji Pandey’s bench of Patna High Court after cancellation of permission of the carcinogenic asbestos based hazardous factory by Pollution Control Board. The matter is listed for order on August 21, 2017. The asbestos company has filed the case against State of Bihar, Department of Industries, Govt. of Bihar and Bihar Industries Development Authority (BIADA).   

In its counter affidavit, Pollution Control Board has submitted that the factory has undermined the status of Bihar as an air pollution control area under Section 19 of Air (Prevention & Control of Pollution) Act, 1981. The factory has also violated Section 21 of the Act which forbids establishment and operations of such factory without the consent of the Pollution Control Board. It has submitted that the factory was closed from November 2013.

From the submission of the Pollution Control Board, it is clear that the High Court is likely to dismiss the petition of the Nibhi asbestos company because it is not maintainable because the company did not avail the alternative remedy provided by Air (Prevention & Control of Pollution) Act, 1981 and National Green Tribunal Act, 2010. It is evident that the company in question is guilty of failure to comply with the provision of Section 21, Section 22 and Section 31 A under Section 37 of the Air (Prevention & Control of Pollution) Act, 1981. The power of the Board to order closure of polluting factories under Section 31 A has been endorsed by the High Court in Bihar State Pollution Control Board v Hiranand Stone Works (AIR 2005 Pat 62). It has been held in Krishna Gopal v State of Uttar Pradesh (1986 Cr LR 11 MP) that the order of removal of a polluting factory which causes emission detrimental to the physical comfort and health of public at large is valid.

Section 37 of the Air (Prevention & Control of Pollution) Act, 1981 provides that non-compliance with the directions of the Pollution Control Board will attract penalties. Section 37 (1) reads: “Whoever fails to comply with the provisions of Section 21 or Section 22 or directions issued under Section 31 A, shall in respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.” Given the fact that Nibhi company’s violations have continued for more than one year, its omissions and commissions will attract the penalty envisaged under Section 37 (2). It reads: “If the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.”         

In such a backdrop, Nibhi asbestos company is seeking quashing of the cancellation of consent by BSPSCB dated 21 July 2016 to operate its hazardous industrial activity. It has also sought quashing of letter of Chairman, Pollution Control Board dated 22 September 2016 ordering closure of the factory with immediate effect. 

The illegal operations of Nibhi company’s factory was detected on 31 January 2016 on inspection by the Pollution Control Board.   In the inspection Pollution Control Board found the following lapases:
1)       the waste asbestos was not proeperly stored rather they were found scattered in the factory premises all around; 
2)       There was no facility for diposal for solid waste;
3)      Facilities for pulverization of asbestos was found lacking;
4)      Authorization has not been obtained under Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008

The failure of the Nibhi company to obtain authorization under Section 5 of Hazardous Waste (Management, Handling & Transboundary Movement) Rules, 2008 is a grave illegal and immoral offence because it has exposed the health of workers, communities and the environment by its unpardonable act of omission and commission.  Under Section 25 of the Hazardous Waste Rules, the company is liable for all the damages caused to the environment, workers and to the communities due to improper handling of the hazardous wastes or improper disposal of hazardous wastes. The company is liable to pay financial penalties as levied by the Pollution Control Board for its violations. 

The company did not submit Form 1 seeking authorization under the Rules. As a consequence it did not bother to maintain the record of hazardous wastes handled by it in Form 3 and did not submit annual return in Form 4 on or before the 30th of June of each financial year as per the Rules. This resulted in a situation wherein Pollution Control Board could not maintain the register containing particulars of the conditions imposed under the rules for management of hazardous waste under Section 5 (9) of the Rules. This provision also stipulates that any person interested or affected or a person authorized by him can inspect this register during office hours. A situation has arisen wherein workers and communities of Giddha panchayat and adjoining areas of Koilwar block has been denied the opportunity to ascertain the amount and quality of hazardous waste generated by Nibhi company and correlate it with the human, occupational and environmental health impacts.            

The Pollution Control Board’s affidavit states that besides this when Nibhi asbestos company was issued show cause notice under Water  (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, it chose not to respond to it.

Not only this when pursuant to a complaint of ToxicsWatch Alliance (TWA) to Union Ministry of Environment & Forests  Government of India through its Regional Office at Ranchi, Bihar Pollution Control Board re-inspected the factory, it was found that the factory was in operation in disregard of the closure order from Pollution Control Board. The non-compliance with Pollution Control Board’s order has inflicted injury and caused damage to the environment, the counter affidavit of the Board has submitted.      

Pollution Control Board warned Nibhi company by a letter dated 22 September 2016 stating that if there will be non-compliance, a compliant will be filed against it under Section 37 of the Air (Prevention & Control of Pollution) Act, 1981.

In its affidavit, the Pollution Control Board has submitted that although the company had the option of filing an appeal before the appellate authority within 30 days of its order, instead of availing the alternative remedy, it has chosen to file the case in the High Court. The company had the option of filing an appeal in the National Green Tribunal if they had felt aggrieved by the decision of the appellate authority of the Pollution Control Board.     

Following anti-asbestos movement campaign and taking note of the violation of environmental laws by asbestos factories in Bhojpur, Bihar,   BSPCB cancelled the No Objection Certificate given to the asbestos factory units of Tamil Nadu based Nibhi Industries Pvt Ltd. Despite such action this factory has been operating with impunity. The matter was last heard on July 21, 2017. BSPCB has filed its counter affidavit pursuant to Court’s order dated March 23, 2017. It is puzzling as to why BIADA has been made a party in the case.

Notably, BSPCB has revoked its emission-consent order and discharge consent order given to Tamil Nadu based Nibhi Industries Pvt Ltd which was valid till 31st March, 2018. Chairman, BSPCB has ordered, the company in question, 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.

The villagers have been complaining 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.

This company 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.

Given the fact that No Objection Certificate of all the asbestos based factories in Bihar has been cancelled by BSPCB, there is no legal basis for the continued operations of this hazardous factory.

Notably, questions were raised against these plants in Bihar Vidhan Sabha and Vidhan Parishad.  Abdul Bari Siddiqui, former Bihar Finance Minister had raised the issue of hazardous asbestos factories in Vidhan Sabha. In another significant observation Awadhesh Narain Singh as 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 is available at http://www.youtube.com/watch?v=B9TbemRUkYM. He noted that his own B-Ed College affiliated to Aryabhat University faces threat from this hazardous factory as it is located exactly behind it. In fact boundary walls alone create two sites wherein at one site a hazardous and cancer causing factory operations are happening illegally and illegitimately and on other site education activities are happening threatening health of teachers and the staff of the college.

It is noteworthy that this poisonous factory was initially proposed to be set up at Dharmachak and Salempur, Dhariyapur, Chapra but villagers from there got a relief when their village site was not selected for such hazardous industrial activity.   

In India, asbestos mining is technically banned and trade in asbestos waste (dust and fibers) is also banned. 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.

As per Supreme Court's judgment of January 27, 1995 in Writ Petition (Civil) No.206 of 1986 which was reiterated on January 21, 2011, the State govt has to comply with fresh ILO, resolution of June, 2006 on Asbestos and the health records of workers have to be maintained for 40 years and for 15 years after the retirement. The Judgment also stipulates compensation for such workers who suffer from asbestos related diseases. In violation of Court's orders, the Nibhi company has not been maintaining the health record of the workers in its factory at Giddha, Koilwar. It is not conducting Membrane Filter test to detect asbestos fibre. It is not insuring health coverage to workers and that the company does not have qualified occupational health doctors to undertake these tasks. 

There is a compelling reason to ensure that both these companies in question are tasked to decontaminate asbestos laden factory sites, building, prepare a register of victims of asbestos related diseases and announce a compensation fund for victims of fatal diseases remains to be undertaken. This is required to save present and future generation from incurable asbestos related diseases. It was listed for hearing on 8 February 2017, 23 March, 7 April, 12 April, 27April, 5 July, 11 July and 21 July 2017. So far High Court the Nibhi asbestos factory case has been listed on nine occasions since the filing of the case on September 1, 2016.

It may be recalled that 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. After he was presented a memorandum signed by 10, 000 villagers, BSPCB’s Chairman 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. The peoples 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.         

Clearly, Bihar is paving the path for an asbestos free country like some 60 countries which have banned white chrysotile asbestos, the key carcinogenic mineral fiber imported from Russia, Kazakhstan, Kyrgyzstan and Zimbabwe. It is high time other States also took cognizance of the harmful effect of use, manufacture and trade of asbestos based products. In a significant development, Kerala Human Rights Commission has recommended ban on use of asbestos in public buildings. National Human Rights Commission has observed, “Replace the asbestos sheets roofing with roofing made up of some other material that would not be harmful to inmates” in Case No.693/30/97-98.   

It is unbecoming of the India’s scientific stature to take untruthful and unscientific position displaying unpardonable callousness towards concerns of consumers, public health, workers, environment and human rights. India should learn from countries that have banned asbestos of all kinds including white chrysotile asbestos. These countries are:  1) Algeria, 2) Argentina, 3) Australia, 4) Austria, 5) Bahrain, 6) Belgium, 7) Brunei, 8) Bulgaria,  9) Chile, 10) Croatia, 11) Cyprus, 12) Czech Republic, 13) Denmark, 14) Egypt, 15) Estonia, 16) Finland, 17) France, 18)  Gabon, 19) Greece, 20) Germany, 21) Gibraltar, 22) Hungary, 23) Honduras, 24) Iceland, 25) Iraq, 26) Ireland, 27) Israel, 28) Italy, 29) Japan, 30) Jordan, 31) Kuwait, 32) Latvia, 33) Luxembourg, 34) Lithuania, 35) Mauritius, 36) Mozambique, 37) Malta, 38) Netherlands, 39) New Caledonia, 40) New Zealand, 41) Norway, 42) Oman, 43) Portugal, 44) Poland, 45) Qatar, 46) Romania, 47) Saudi Arabia, 48) Sweden,  49) Switzerland, 50) Serbia, 51) Seychelles, 52) Slovakia, 53) Slovenia, 54) South Africa, 55) South Korea,  56) Spain, 57) Turkey, 58) Uruguay, 59) United Kingdom and 60) Ukraine.

Although domestic laws in India recognize white chrysotile asbestos as hazardous, the Union Government has been taking inconsistent position in this regard in UN meetings. Government should take steps to rectify the blunder it has committed by immorally and illegitimately denying right to know about hazardous substances to present and future Indians. It should factor in views of health and environment ministers to pave the way for creating a future which is free of incurable hazardous asbestos related diseases.  Indian laws include asbestos in the list of hazardous substances but tremendous influence of commercial interests has forced the Indian delegation to take a position which is diametrically opposite of domestic laws.

It is hoped that India will learn from anti-asbestos struggles in Bihar and revise its position at the next meeting of UN’s Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade in 2019 to defend democratic right of people to be protected from hazardous substances. The listing of white chrysotile asbestos in the UN list of hazardous substances helps in better protection of public health and environment. India should refrain from taking positions which is contrary to its own domestic law.
Nibhi's hazardous cancer causing factory is situated in front of the Trident B.Ed College, Giddha, Koilwar, Bhojpur affiliated to Arybhatt Knowledge University, Patna. The college has 6 acres of land  situated at Giddha Industrial Growth Center. It is at a distance of 50 kms from the state capital on NH 30. There is just a brick boundary separating the factory and the Be. Ed college. In order is safeguard the teachers and staff of this college, the company should be made to decontaminate the site of the factory before moving away after the High Court's verdict.  





TWA's complaint against Gidhha based asbestos factory

Written By mediavigil on Saturday, June 04, 2016 | 2:07 AM



To

Chairperson,
Bihar Human Rights Commission
9, Bailey Road, Patna

Date: 3rd June, 2016

Subject- illegal operation of asbestos factory in Giddha, Koilwar, Bhojpur 

Sir,

With due respect being an applicant before the Commission in the ongoing Case No. BHRC/Comp. 313/14 related to asbestos company in Bihiya, Bhojpur I wish to inform you about the
illegal operation of an asbestos factory in Giddha, Koilwar, Bhojpur that has been reported in Aaj newspaper dated June 3, 2016 at page 2. The news clipping is attached. It may be recalled that in my complaint dated February 13, 2014 I had made submission about this Giddha based hazardous factory. 

This news report reveals that although the factory was sealed by the district administration amidst violations of environmental laws and disregard towards public health, the company disregarded the order of the district administration and chose to operate the factory in violation of every rule in the rulebook.   

I submit that I have made several complaints against this factory of Tamil Nadu based Nibhi Industries Pvt. Ltd with One Lakh MT Capacity Asbestos Fiber Cement Corrugated Sheet, Flat Sheet and Accessories and Light Weight Fly Ash Block Plant at Giddha, Koilwar, Bhojpur. These complaints are pending with the District Administration. The asbestos based factory at Giddha, Koilwar is also in proximity of human habitation is exactly in front of Trident BEd College. One worker was crushed to death in this factory in June 2013. It also violates the environmental and industrial siting guidelines of Bihar State Pollution Control Board. It may be noted that written submissions have been submitted to District Collector seeking removal of the plant. It may be noted that Paryawaran Bachao Jeewan Bachao Sangharsh Morcha, Paryawaran Swasthya Suraksha Samiti and Ban Asbestos Network of India (BANI) have been raising the issue of hazards from such hazardous factories in the interest of public health.

I submit that although environmental clearance given by Experts Appraisal Committee-Industrial Projects, Union Ministry of Environment & Forests and No Objection Certificate given by Bihar State Pollution Control Board is not transferrable, Nibhi company had transferred it to Utkal Asbestos Limited (UAL) for operating the plant. This is clearly in violation of established rules.   

I submit that in contempt of Hon’ble Supreme Court's order dated January 27, 1995, the Nibhi Industries has not been maintaining and maintaining the health record of every worker, nor has it been conducting Membrane Filter test to detect asbestos fibre. It has not been insuring health coverage to every worker. It is reliably learnt that the company does not have qualified occupational health doctors to undertake these tasks. This order was reiterated on January 21, 2011 by the Court. It has been referred to by Hon’ble Patna High Court as well in Civil Writ Jurisdiction Case No.9064 of 2013 and related cases.

I submit that the villagers’ living in the vicinity of this hazardous factory face threat of lung related diseases contracted exposure from asbestos fibers that cause incurable diseases. This happens because safe and controlled use of white chrysotile asbestos like its other varieties is impossible which has led to more than 50 countries banning its use.

I submit that there is a need to ask the owner of the Gidhha based factory to submit the record of each worker who has worked in the factory in question. I submit that the district administration may be asked to submit the health records of all the workers who are working in this factory. The company should be asked for a list of workers employed in the factory, their health records and the qualification of the doctor assigned to undertake their health checkup. It is important to order a health survey of the villagers who live in the vicinity of this hazardous factory. The educational institutions like teachers’ training institutes like Trident B-Ed College and Bihar B-Ed College also needs to be surveyed in this regard. This is necessary because both World Health Organisation (WHO) and International Labour Organisation (ILO) have recommended total elimination of its mining, manufacturing and use. WHO document is attached. It may be noted that mining of asbestos is technically banned in India but the asbestos based factories procure raw asbestos mineral fiber from countries like Russia. It is one of the pernicious and residual legacies of the old era.

I submit that the January 27, 1995 and January 21, 2011 orders of Supreme Court make it clear that State Governments and Government of India have to comply with fresh ILO resolution of June 2006 on asbestos. ILO resolution is available at
 
I submit that health is a State subject. The issue in question is concerned the human rights of the present and future generations. In fact in the Hon’ble Supreme Court's judgment of January 27, 1995 in Writ Petition (Civil) No. 206 of 1986 [CERC Vs Union of India] that dealt with asbestos exposure, right to health was declared as part of fundamental right to life. As per Court's judgment of January 27, 1995 in Writ Petition (Civil) No. 206 of 1986 which was reiterated on January 21, 2011, the health records of workers have to be maintained for 40 years and for 15 years after the retirement. The judgment also stipulates compensation for such workers who suffer from asbestos related diseases.

I also wish to draw your attention towards Hon'ble Patna High Court’s observation dated August 19, 2013 in its order in Civil Writ Jurisdiction Case No.9064 of 2013 saying, “...In the circumstances, this Court is really surprised with the stand of the State Board that the norms have been relaxed for the two other asbestos manufacturing units in operation from before, only on the ground that they are running in the respective industrial areas." These two units are the ones based in Giddha, Koilwar, Bhojpur and Bihiya, Bhojpur. It is a commentary on the inconsistency of the Bihar State Pollution Control Board (BSPCB).

In the light of the observation of the Hon’ble High Court it is abundantly that Bihar State Pollution Control Board (BSPCB) is adopting double standards in the matter of cancellation of Consent to Establish-cum- No Objection Certificate (NOC) given to asbestos companies in Bhojpur and Vaishali. The two companies -namely, Tamil Nadu based Ramco Industries and Nibhi Industries -mentioned by the Court are located in Bihiya and Giddha, Koilwar of Bhojpur district. BSPCB has cancelled the NOC of West Bengal based Utkal Asbestos Limited (UAL)'s proposed asbestos based plant in Vaishali for violating environmental and industrial siting guidelines of BSPCB.

I submit that through a letter dated December 26, 2013, BSPCB has refused to extend the Consent to Establish (NOC) given to West Bengal based Utkal Asbestos Limited (UAL)'s proposed asbestos based plant in Vaishali but it has remained silent about the asbestos plants in Bhojpur.  That the cancellation of the proposed asbestos factory in Vaishali was done in pursuance of the assurance of Hon’ble Chief Minister, Government of Bihar to a delegation of anti-asbestos activists and political leaders that met him at his residence on February 13, 2013. Hon’ble Chief Minister promised that he will puncture such hazardous plants in the fertile land of Bihar. This has been done in Muzaffarpur and Vaishali but it remains to be followed in Bhojpur.  While BSPCB has done the right thing by citing its battery limit of "a distance of minimum 500 meters from the National/State Highway, Railway line, river and human habitation" to outlaw the proposal of a asbestos company, the same should be applied to asbestos based toxic factories in Bhojpur. No amount of sophistry by the companies operating in Bhojpur and some officials in BSPCB can undermine the gnawing anxiety about risk and hazardous consequences underlined by WHO and ILO which has sought elimination of manufacturing and use of asbestos based products.

I submit that communities in villages around the hazardous industrial unit in Giddha cannot be expected to become superior risk bearers unlike villagers of Muzaffarpur and Vaishali where similar plants have been stopped.

I submit that when defending the indefensible asbestos factories becomes a compulsion of officialdom, disasters like the one witnessed in the Bhopal based factory of Union Carbide Corporation (UCC)'s hazardous pesticide plant become the order of the day. UCC was also in the asbestos business whose liability has been owned by its buyer US based Dow Chemicals Company and assigned $ 2.2 billion dollars for compensation fund to the victims in US where 10, 000 people are dying every year from asbestos related diseases.

I wish to draw your attention towards the attached order of Kerala State Human Rights Commission (KHRC) dated January 31, 2009 against use of asbestos. Its recommendations are: “a)    The State Government will replace asbestos roofs of all school buildings under its control with country tiles in a phased manner. b)    The Government will take steps to see that the schools run under the private management also replace the asbestos roofs with country tiles by fixing a time frame. c) The Government should see that in future no new school is allowed to commence its functions with asbestos roofs.”

It is relevant to note that in Case No.693/30/97-98, National Human Rights Commission (NHRC) ordered, “Replace the asbestos sheets roofing with roofing made up of some other material that would not be harmful to inmates.” It is evident that the NHRC considers asbestos sheets as harmful.  
It is noteworthy that asbestos fibers used for making asbestos cement roofs etc is a ticking time bomb for lungs which causes preventable but incurable diseases and deaths.

In view of the above facts, I seek Commission's intervention in the matter for providing relief to the workers of the asbestos based factory in question and save the villagers of Bhojpur from such hazardous plants. The company may be asked to undertake decontamination of the site and compensation for exposing the villagers of Giddha to asbestos fibers in the interest of present and future generations. 

I will be happy to share more information.

Thanking You

Yours faithfully
Dr Gopal Krishna
Director
ToxicsWatch Alliance (TWA)
Mb: 09818089660, 08227816731
E-mail:1715krishna@gmail.com
Web: www.toxicswatch.org


 
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