---------- Forwarded message ---------- From: R Ajayan <[email protected]>
*Adivasi Samrakshana Sangham * *& * *Plachimada Struggle Solidarity Committee* [Address: Veloor Swaminathan and Mariappan, Convenors, Adivasi Samrakshana Sangham Veloor House, Kannimari, Kannimari P.O, Palakkad District, Kerala 678 534 & R.Ajayan, Convenor, Plachimada Struggle Solidarity Committee, Neerajam, Kudappankunnu, Thiruvanathapuram – 43, Kerala] *01 July 2010* *PRESS RELEASE* We salute the eight year long struggle of the people of Plachimada and its supporters everywhere, particularly of Kerala, for ensuring that the Kerala Government takes a firm decision to constitute a Plachimada Claims Tribunalbased on the recommendations of 22 March 2010 of its High Power Committee. Attempts of Coca Cola to delay, subvert and derail the decisions have clearly been defeated for the time being. The Government and the legislative assembly should now take the next bold step to constitute not only the Plachimada tribunal but also establish a strong legal and institutional mechanism to make sure that Plachimadas are not repeated elsewhere. Justice to Plachimada is awaited and the struggle for justice will continue. The Plachimada Claims Tribunal to be constituted under Article 323 B of the Constitution of India by the Kerala Assembly is to adjudicate disputes relating to compensation due to water and air pollution, loss of agricultural crops, loss on income from animal husbandry, diseases affecting human beings in the surrounding area, loss of employment, the psychological impact, ecological and other damages due to the excess drawal and pollution of groundwater and surface water by the Company in the past, present and future. The recent Bhopal case judgment opened up to reveal in great detail how the governments and the courts were shamefully compromised to ensure failure in providing justice to the Bhopalis while protecting the criminal Union Carbide in the world’s worst industrial disaster. The Kerala Government’s integrity and decisiveness can be demonstrated only when it follows up on the other recommendations of the High Power Committee which unequivocally stated that: “The compensation is not to be viewed as a quid pro quo for not initiating criminal charges. Therefore, Government may proceed against HCBPL in accordance with various laws” as “the Company has violated a number of provisions in the various laws is irrefutable. Some of the major Acts which have been violated by HCBPL are as below: (1) Water (Prevention and Control of Pollution) Act, 1974 (2) The Environment (Protection) Act, 1986 (3) The Factories Act, 1948 (4) Hazardous Waste (Management and Handling) Rules, 1989 (5) The SC-ST (Prevention of Atrocities) Act 1989 (6) Indian Penal Code (7) Land Utilization Order, 1967 (8) The Kerala Ground Water (Control & Regulation) Act, 2002 (9) Indian Easement Act, 1882.” We demand immediate filing of cases by the Government on behalf of the people of Kerala against Coca Cola for its criminal liabilities[1]<http://us.mg5.mail.yahoo.com/dc/blank.html?bn=397.8&.intl=in&.lang=en-US#_ftn1>as this alone will ensure that Coca Cola is not let off the hook for its crimes and compensates for the loss, current, past and future. Sincerely yours Veloor Swaminathan R.Ajayan *Adivasi Samrakshana Sangham Plachimada Struggle Solidarity Committee* ------------------------------ [1]<http://us.mg5.mail.yahoo.com/dc/blank.html?bn=397.8&.intl=in&.lang=en-US#_ftnref1>Extract from Report of the High Power Committee, Government of Kerala, 22 March 2010, p.83-4. 7.4. CRIMINAL LIABILITIES Apart from the liability to pay compensation as discussed above, the Coca Cola Company has violated other provisions of law for which the Company has to be made answerable. The compensation for damages suffered in tort as well as remediation does not in any way affect the criminal liability of the Company under various laws. The compensation is not to be viewed as a quid pro quo for not initiating criminal charges. Therefore, Government may proceed against HCBPL in accordance with various laws, some of which are discussed below. The land in possession of the HCBPL was in possession of different cultivators from whom it was got registered for the Coca Cola Company. This transfer is a clear violation of the Kerala Land Utilization Order 1967. HCBPL had obtained a license from Perumatty Grama Panchayat for installing 2600 hp electric motor for running Coca Cola bottling plant for manufacturing, storing and sale of aerated water and cool drink. However, no licenses have been obtained from the Panchayat for installing motor for drawing water. The Company started extracting water from the bore well and the open wells by using electric pumps without any license obtained from the Panchayat. In such activities, the Company has violated the provisions of the Kerala Land Utilization Order 1967. In unlawfully depleting ground waterand polluting the water resources, the Company has violated the provisions of the Water (Prevention and Control of Pollution) Act of 1972, The Environment (Protection) Act, 1986 and The Kerala Ground Water (Control & Regulation) Act, 2002. In having dumped hazardous sludge in an irresponsible fashion and in giving it away to farmers as beneficial manure the Company is liable under the Indian Penal code, The Factories Act, 1948 and Hazardous Waste (Management and Handling) Rules, 1989. These acts of the Company have affected the economic and social well being of SC and ST people and thus the Company is liable to be proceeded under the SC/ST (Prevention of Atrocities Act) 1989. Further the Company has been blatantly violating the order of Supreme Court dated 14/10/2003. *Adivasi Samrakshana Sangham * *& * *Plachimada Struggle Solidarity Committee* [Address: Veloor Swaminathan and Mariappan, Convenors, Adivasi Samrakshana Sangham Veloor House, Kannimari, Kannimari P.O, Palakkad District, Kerala 678 534 & R.Ajayan, Convenor, Plachimada Struggle Solidarity Committee, Neerajam, Kudappankunnu, Thiruvanathapuram – 43, Kerala] *01 July 2010* *PRESS RELEASE* We salute the eight year long struggle of the people of Plachimada and its supporters everywhere, particularly of Kerala, for ensuring that the Kerala Government takes a firm decision to constitute a Plachimada Claims Tribunalbased on the recommendations of 22 March 2010 of its High Power Committee. Attempts of Coca Cola to delay, subvert and derail the decisions have clearly been defeated for the time being. The Government and the legislative assembly should now take the next bold step to constitute not only the Plachimada tribunal but also establish a strong legal and institutional mechanism to make sure that Plachimadas are not repeated elsewhere. Justice to Plachimada is awaited and the struggle for justice will continue. The Plachimada Claims Tribunal to be constituted under Article 323 B of the Constitution of India by the Kerala Assembly is to adjudicate disputes relating to compensation due to water and air pollution, loss of agricultural crops, loss on income from animal husbandry, diseases affecting human beings in the surrounding area, loss of employment, the psychological impact, ecological and other damages due to the excess drawal and pollution of groundwater and surface water by the Company in the past, present and future. The recent Bhopal case judgment opened up to reveal in great detail how the governments and the courts were shamefully compromised to ensure failure in providing justice to the Bhopalis while protecting the criminal Union Carbide in the world’s worst industrial disaster. The Kerala Government’s integrity and decisiveness can be demonstrated only when it follows up on the other recommendations of the High Power Committee which unequivocally stated that: “The compensation is not to be viewed as a quid pro quo for not initiating criminal charges. Therefore, Government may proceed against HCBPL in accordance with various laws” as “the Company has violated a number of provisions in the various laws is irrefutable. Some of the major Acts which have been violated by HCBPL are as below: (1) Water (Prevention and Control of Pollution) Act, 1974 (2) The Environment (Protection) Act, 1986 (3) The Factories Act, 1948 (4) Hazardous Waste (Management and Handling) Rules, 1989 (5) The SC-ST (Prevention of Atrocities) Act 1989 (6) Indian Penal Code (7) Land Utilization Order, 1967 (8) The Kerala Ground Water (Control & Regulation) Act, 2002 (9) Indian Easement Act, 1882.” We demand immediate filing of cases by the Government on behalf of the people of Kerala against Coca Cola for its criminal liabilities[1]<http://us.mg5.mail.yahoo.com/dc/blank.html?bn=397.8&.intl=in&.lang=en-US#_ftn1>as this alone will ensure that Coca Cola is not let off the hook for its crimes and compensates for the loss, current, past and future. Sincerely yours Veloor Swaminathan R.Ajayan *Adivasi Samrakshana Sangham Plachimada Struggle Solidarity Committee* ------------------------------ [1]<http://us.mg5.mail.yahoo.com/dc/blank.html?bn=397.8&.intl=in&.lang=en-US#_ftnref1>Extract from Report of the High Power Committee, Government of Kerala, 22 March 2010, p.83-4. 7.4. CRIMINAL LIABILITIES Apart from the liability to pay compensation as discussed above, the Coca Cola Company has violated other provisions of law for which the Company has to be made answerable. The compensation for damages suffered in tort as well as remediation does not in any way affect the criminal liability of the Company under various laws. The compensation is not to be viewed as a quid pro quo for not initiating criminal charges. Therefore, Government may proceed against HCBPL in accordance with various laws, some of which are discussed below. The land in possession of the HCBPL was in possession of different cultivators from whom it was got registered for the Coca Cola Company. This transfer is a clear violation of the Kerala Land Utilization Order 1967. HCBPL had obtained a license from Perumatty Grama Panchayat for installing 2600 hp electric motor for running Coca Cola bottling plant for manufacturing, storing and sale of aerated water and cool drink. However, no licenses have been obtained from the Panchayat for installing motor for drawing water. The Company started extracting water from the bore well and the open wells by using electric pumps without any license obtained from the Panchayat. In such activities, the Company has violated the provisions of the Kerala Land Utilization Order 1967. In unlawfully depleting ground waterand polluting the water resources, the Company has violated the provisions of the Water (Prevention and Control of Pollution) Act of 1972, The Environment (Protection) Act, 1986 and The Kerala Ground Water (Control & Regulation) Act, 2002. In having dumped hazardous sludge in an irresponsible fashion and in giving it away to farmers as beneficial manure the Company is liable under the Indian Penal code, The Factories Act, 1948 and Hazardous Waste (Management and Handling) Rules, 1989. These acts of the Company have affected the economic and social well being of SC and ST people and thus the Company is liable to be proceeded under the SC/ST (Prevention of Atrocities Act) 1989. Further the Company has been blatantly violating the order of Supreme Court dated 14/10/2003. -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send an email to [email protected]. 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