Dear C K
I should have been writing this mail personally - but I think I need to do
this *launda naach  *in public
Tharoor/s naivete notwithstanding- I strongly believe that Plachimada is the
Sangh Parivar entry into Kearla
I dare Ajay or Faizi to a public debate with me rather than Tharoor on
this!!!
Love

2009/3/5 C.K. Vishwanath <ck_vishwanath2...@yahoo.com>

>
>
>
>
> --- On Thu, 5/3/09, Shiva Shankar <sshan...@cmi.ac.in> wrote:
>
> > From: Shiva Shankar <sshan...@cmi.ac.in>
> > Subject: Coca Cola/Plachimada: An open rejoinder to Mr Shashi Tharoor
> (fwd)
> > To:
> > Date: Thursday, 5 March, 2009, 5:01 PM
> >
> > -----Original Message-----
> > From: S Faizi [mailto:ecol...@dataone.in]
> >
> > Sent: Thursday, March 05, 2009 10:13 AM
> > To: 'tharoor.assist...@gmail.com'
> > Subject: Coca Cola/Plachimada: An open rejoinder to Mr
> > Shashi Tharoor
> >
> > From: S.Faizi, R2 Saundarya Apartments, Nandavanam,
> > Thiruvananthapuram, biodivers...@rediffmail.com
> > (Environmental Expert Member: Kerala Groundwater Authority;
> > Chairman: Indian Biodiversity Forum)
> >
> > Mr.Shashi Tharoor, Chairman, Afras Ventures, 230 Park
> > Avenue, Suite 2525, New York, NY 10169
> >
> >
> > Dear Mr Tharoor,
> >
> > I have read with interest your response to the Plachimada
> > Struggle Solidarity Committee’s criticism of your being in
> > a PR project of the Coca Cola company in India, in Hindu and
> > the full text on a web site that carries your PR material. I
> > do not have a grain of opposition to your being in the cola
> > PR outfit, for it is natural for people like to you to be in
> > places like that. However, I am writing this public response
> > to you in order to address the misinformation contained in
> > your letter, outdoing even the PR staff of the company, and
> > the unwarranted sweeping remarks you have made on Kerala
> > development.
> >
> > The High Court Division Bench verdict in favour of the
> > company that you have referred to was made subsequent to a
> > single bench verdict against the company. And the Division
> > Bench verdict is being challenged in the Supreme Court by
> > the Perumatti Panchayat and by the people’s groups
> > agitating against the company. The CWRDM-lead report was
> > flawed in many respects, as is being argued in the SC, which
> > is also an issue of concern for CWRDM scientists as the
> > institution has suffered an erosion of credibility. The very
> > assumption of the report, in estimating the total
> > groundwater availability in Chitoor block, that 20 per cent
> > of the rainfall can be recharged is flawed as the Central
> > Groundwater Board’s (CGWB) assessment in 2003 had put the
> > recharge in areas such as Chitoor at 5-8 per cent. While the
> > committee report put the annual recharge in the block at
> > 74.1 million cubic meters (mcm), based on the CGWB’s
> > scientific estimation of recharge rate it is only between
> > 16.6 to 33.2 mcms. The report also suppresses the domestic
> > and agricultural water needs. The central question in the
> > High Court case was not as much about pollution and
> > depletion of water resources, land pollution by heavy
> > metals, or the right to life provision of the Constitution,
> > as about the power of the local panchayat to ask for the
> > closure of the factory. The Groundwater Dept, in a report on
> > the groundwater of Palakkad dist prepared in 2006, presented
> > an alarming picture of the state of groundwater in Chitoor
> > block.
> >
> > The legal status of groundwater has rightly become that of
> > a public resource with the enactment of the Kerala
> > Groundwater Act which came into force in 2003. However, this
> > law (as well as several other points from the environmental
> > jurisprudence) was not considered in the High Court case.
> > Groundwater was considered as a private resource, while the
> > said law asserts it as a public resource over which the
> > appropriate agencies of the State have control in public
> > interest. And this change in the legal status of groundwater
> > is also going to be examined by the apex court.
> >
> > You attempt to deny the toxic sludge. However, the Supreme
> > Court Monitoring Committee (SCMC), in its report following
> > its site visit in August 2004, had determined the presence
> > of heavy metals (cadmium and lead) in the sludge, and this
> > was distributed by the cunning company to the unsuspecting
> > farmers as ‘fertiliser’. And the State Pollution Control
> > Board had directed the company to cease operations. The
> > pollution of the well waters around the factory was reported
> > by independent labs and the SPCB also confirmed it by asking
> > the people not to use the water of the panchayat well it had
> > tested.
> >
> > I visited the area two weeks ago as a member of the expert
> > committee attached to the State SC/ST Commission and found
> > the situation of the local people, ST/SC in particular,
> > extremely worrying- there is hardly any water in the wells
> > and where it is present it is not usable. Pollution of
> > drinking water is a crime under the SC/ST (Atrocities) Act.
> > On 14-9-2004 the company agreed to provide piped water to
> > the residents of the area and the KPCB had constituted a
> > committee to oversee this activitiy. This was upon the
> > instruction of the SCMC, obviously as a compensation for the
> > water crisis caused by the company and it was not contingent
> > upon the functioning of the factory. The company reneged on
> > this agreement too.
> >
> > Polluter Pays Principle has become an integral part of our
> > jurisprudence. The Rio Declaration (principle 16) upholds
> > this as well as the liability and redress provision of the
> > Biodiversity Convention (I had been a negotiator in the
> > formulation of both), among other multilateral soft laws and
> > treaties. And this is squarely applicable in the case of
> > Coca Cola at Plachimada. This was why the Kerala Goundwater
> > Authority, after study by a subcommittee, recommended to the
> > govt at its 13th meeting in Oct 2008 that compensation
> > should be obtained from the company, on behalf of the
> > people, for the pollution and groundwater depletion it has
> > caused. It also recommended to make a comprehensive,
> > multidisciplinary assessment of the damage caused by the
> > company to the environment, human health and
> > agriculture.  Bringing an offender to justice is in the
> > best common interest of business lest the law abiding
> > competitors are left at a disadvantage.
> >
> > Your reference to the Global Compact was interesting. But
> > you have carefully withheld the information from your
> > readers that this was a project that was fiercely opposed by
> > the civil society organizations. It was not a legitimate UN
> > activity, negotiated and agreed by a policy setting body
> > such as the GA. It was part of a series of initiatives to
> > diminish the importance of the need for corporate bodies
> > complying with the domestic laws of the countries, by
> > introducing and promoting a voluntary code of conduct. It
> > was also part of the move to whittle away the powers of
> > multilateral bodies such as UNCTAD, supported by the
> > developing countries. As a corporate boss you will be proud
> > to have promoted the Global Compact, but its real twin role
> > as a greenwash and as a means to belittle the importance of
> > legal compliance is obvious to the public. Corporate
> > responsibility is a crooked term, what the citizens expect
> > from the corporates is corporate accountability to the laws
> > of the country. If Coca Cola, for example, is willing to
> > comply with the laws of the country, pay for the public
> > resources it has used at the market rate and pay
> > compensation for the damages it has caused that will more
> > than suffice, we don’t need the Cola to take any
> > responsibility for our development.
> >
> > As for your remarks on Kerala’s development scene, it was
> > certainly uncalled for. Kerala is one of the most globalised
> > societies in the world, and we were at the centre of open
> > global trade until 500 years ago when the Europeans came as
> > savage invaders displacing the Arab traders. Your
> > accusations of Kerala as ‘over-politicised’ and this as
> > a reason for an imaginary discouragement of investment in
> > the state are amusing right wing cliché that fit very well
> > with the intellectual immaturity that characterizes your
> > writings. It is an insult to India’s unity that you are
> > ashamed that Keralites work in other parts of the India. It
> > is diametrically opposed to the spirit of Kerala’s
> > globalism that you are ashamed of our people working in the
> > Gulf and other countries. But you are saying this sitting in
> > an American city and heading a business firm in Gulf. And
> > you claim to be a Keralite when your web site proudly
> > announces your fluency in English and French but does not
> > even mention Malayalam though our language and its
> > literature has a longer history than English. But such
> > contradictions are typical of an intellectual simpleton’s
> > writings. The Kerala model of development is an unavoidable
> > term in the international development discourse, not the
> > least the UN’s, but you are blissfully uninformed even
> > about this. In child mortality, for example, we fare better
> > than the US city you live in. Empowerment thru political
> > conscientisation is at the core of the relatively high
> > development indices we have achieved. Your understanding of
> > India, as seen in your writings, is no deeper than a western
> > tourist’s.
> >
> > Let me refer to just a couple of such writings. In one of
> > your articles you have chauvinistically chided Indian women
> > for giving up sari for western dress. Even such chauvinistic
> > opinions I have no problem in tolerating but the fun is when
> > you see the photo of the author of the silly article dressed
> > in western suit and neck tie totally alien to traditional
> > male attire! And in a subsequent article you narrated an
> > anecdote where your Danish boss in the UN abused the Indian
> > kurta you wore as a surgeon’s coat and that made you
> > resolve not to wear the traditional Indian dress any more.
> > As a committed supporter of the UN cause and as a some times
> > participant in UN events, I take offence in the incident you
> > narrated and your acceptance of the same. As a multilateral
> > body the UN respects the multiple cultures, and if someone
> > derogatively talked about a country’s traditional dress he
> > should not have been on the UN staff any longer, if someone
> > had set a norm like that it should have been brought to the
> > attention of the concerned decision making body. UN events
> > indeed are also the occasion you find the most fabulous
> > traditional dress of women and men from west African
> > nations, the various Arab traditional dresses from Morocco
> > to Yemen, the elegant sheravni, sari and churidar from south
> > Asia, and so on. I myself presided over a youth conference
> > organized by Unesco/UNEP in Moscow in 1987 (part of
> > Tbilisi+10) wearing a white cotton kurta/pyjama, and nobody
> > cared about what I wore (I wouldn’t have allowed it
> > either). And your sectarian mindset blamed the Punjabis for
> > giving masculine names for their daughters, forgetting that
> > what you have done with your own name isn’t anything
> > different. Sasi is how the masculine name is spelt in Kerala
> > while Shashi, the way you spell it, is a feminine name in
> > north India!
> >
> > Your reply talks of the anti-Cola activists scoring some
> > political point. No one can read any party politics in their
> > letter, the Plachimada anti-Cola struggle is beyond
> > divisions along party politics. The ruling LDF supports the
> > Plachimada cause as much as the opposition UDF. And in the
> > struggle itself you find people of all political
> > affiliations and creeds. We are all one on the issue of
> > justice, but you cannot perhaps understand that. But if you
> > are talking about politics with your ambition to get a seat
> > in the forthcoming Parliament election in view, I wish the
> > Congress party gives you a ticket, for it deserves you. That
> > will be a good self punishment for the Congress party for
> > having allowed you once to embarrass the country with your
> > UN election.
> >
> > Best regards
> > S.Faizi
> >
> >
> >
>
>
>      Check out the all-new Messenger 9.0! Go to
> http://in.messenger.yahoo.com/
>
>
> >
>


-- 
Bobby Kunhu http://community.eldis.org/myshkin/Blog/

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