Supreme Court's seeks Attorney General's assistance in Visakha Asbestos company, Google & Ban Asbestos Network of India (BANI) case on Nov 24
Learning from South Africa, India should stop procuring asbestos from Russia, Brazil, Kazakhstan and China BRICS should take steps to make the world asbestos free Ban manufacturing and usage of asbestos based products to protect public health illegal asbestos based factories of Nibhi company in Giddha, Bhojpur and Ramco company in Bihiya, Bhojpur running despite cancellation of permission from Bihar Pollution Control Board New Delhi: In a significant development on November 10, 2016, Supreme Court's bench of Justice Dipak Misra and Justice Amitava Roy has directed that Attorney General be intimated to assist the Court in Google V Visakha Asbestos company case. The case pertains to writing of Ban Asbestos Network of India (BANI) published on www.asbestosfreeindia.org. The webspace is owned by google that makes it a publisher. The next of hearing is on November 24, 2016. The order is attached. Visakha Industries is one of the biggest among the top 18 asbestos companies in our country. India is procuring most of the asbestos from Russia, Brazil, Kazakhstan and China. In India, mining of asbestos of all kinds including white chrysotile asbestos is technically banned. Trade in asbestos waste dust & fiber is also banned in India under Environment Protection Act, 1986. Russia remained the global leader in the supplies of asbestos. So far some 48 countries have banned asbestos as of November 2016. These countries are : Germany, Chile, Argentina, South Africa, France, Australia, Norway, Spain, Belgium, United Kingdom, Israel, Turkey, Mauritius, Denmark, Ireland, Mozambique, Seychelles, Egypt, Netherlands, Slovakia, Italy, Japan, New Zealand, Bahrain and Jordan, Gabon, South Korea, New Caledonia, Slovenia, Austria, Finland, Sweden, Brunei, Oman, Kuwait, Poland, Switzerland, Bulgaria, Gibraltar, Latvia, Portugal, Greece, Estonia, Lithuania, Qatar, Croatia, Honduras, Luxembourg, Romania, Uruguay, Cyprus, Hungary, Malta, Saudi Arabia, Czech Republic, Iceland, Serbia and Algeria. BANI urges Government of India to take lessons from South Africa and stop procuring asbestos from Russia, Brazil, Kazakhstan and China. BRICS should take steps to make the world asbestos free. Earlier in a communication dated September 22, 2016, Google informed that it has restored Asbestos Free India site. This was in response to the message sent to Google team by Ban Asbestos Network of India (BANI), a sister association of ToxicsWatch Alliance (TWA). The site was taken off public view following a complaint by a asbestos based company. BANI is the only public interest initiative pursuing a future which is asbestos free. BANI had contributed to efforts along with an international trade union that led to Nepal's announcement of its plan to ban asbestos. In its message to Google, BANI communicated that “the truth about the hazards from asbestos exposure in India ought to remain in public domain in the interest of present and future generations. Asbestos is banned in over 50 countries because it causes incurable lung related diseases. In view of the same, the site may be approved for public view in public interest.” The site was taken off public view on the complaint of Visakha. The site http://www.asbestosfreeindia.org is available for public view since then. In a related move, in a letter dated September 13, 2016 sent to Union Minister for Environment, Forest and Climate Change, TWA has sought “ban on manufacturing and usage of asbestos based products”. BANI appreciates minister’s stance on the need to phase out asbestos. TWA had given 12 suggestions to the minister in a letter dated 16 July, 2016 asking him to “Stop giving environmental clearances to asbestos based factories and projects in keeping with the 19 page long Vision Statement on Environment and Human Health of your ministry which states ‘4.3.1 Environmental epidemiological studies are required to be carried out near to industrial estates and hazardous waste disposal sites to estimate the extent of health risks including from asbestos. Alternatives to asbestos may be used to the extent possible and use of asbestos may be phased out’.” The relevant URL of Vision Statement on Environment and Human Health is envfor.nic.in/sites/default/files/visenvhealth.pdf It was following this letter that Anil Madhav Dave Union Minister of Environment, Forest & Climate Change told media on Aug 15, 2016 that "Since the use of asbestos is affecting human health, its use should gradually be minimised and eventually end. As far as I know, its use is declining. But it must end." The reporting of July 24, 2016 by media also followed this letter and BANI’s sucess in getting permissions of asbestos based factories cancelled in Bihar. TWA has sought minister’s intervention to ensure strict compliance with this order and to get a Register of asbestos laden buildings prepared so that a road map can be prepared for their decontamination. The state ought to prepare a Register of those workers who handle asbestos and the victims of primary and secondary exposure from asbestos fibers. BANI has submitted that the following recommendations of World Health Organisation for the minister’s consideration: "WHO recommendations on prevention of asbestos-related diseases: Bearing in mind that there is no evidence for a threshold for the carcinogenic effect of asbestos and that increased cancer risks have been observed in populations exposed to very low levels (5;9), the most efficient way to eliminate asbestos-related diseases is to stop using all types of asbestos. Continued use of asbestos cement in the construction industry is a particular concern, because the workforce is large, it is difficult to control exposure, and in-place materials have the potential to deteriorate and pose a risk to those carrying out alterations, maintenance and demolition (5). In its various applications, asbestos can be replaced by some fibre materials (15) and by other products which pose less or no risk to health. Materials containing asbestos should be encapsulated and, in general, it is not recommended to carry out work that is likely to disturb asbestos fibres. If necessary, such work should be carried out only under strict preventive measures to avoid exposure to asbestos, such as encapsulation, wet processes, local exhaust ventilation with filtration, and regular cleaning. It also requires the use of personal protective equipment - special respirators, safety goggles, protective gloves and clothing - and the provision of special facilities for their decontamination (16). WHO is committed to work with countries towards elimination of asbestos-related diseases in the following strategic directions: - by recognizing that the most efficient way to eliminate asbestos-related diseases is to stop the use of all types of asbestos; - to provide information about solutions for replacing asbestos with safer substitutes and developing economic and technological mechanisms to stimulate its replacement; - to take measures to prevent exposure to asbestos in place and during asbestos removal (abatement); - to improve early diagnosis, treatment, social and medical rehabilitation of asbestos-related diseases and to establish registries of people with past and/or current exposures to asbestos. W HO strongly recommends planning for and implementation of these measures as part of a comprehensive national approach for elimination of asbestos-related diseases. Such an approach should also include: developing national profiles; awareness raising; capacity building; an institutional framework; and a national plan of action for elimination of asbestos-related diseases. W HO will collaborate with ILO on the implementation of the Resolution on Asbestos, adopted by the Ninety-fifth Session of the International Labour Conference (17) and will work other intergovernmental organizations and civil society towards elimination of asbestos-related diseases worldwide." The relevant WHO document is available at: http://www.who.int/occupational_health/publications/asbestosrelateddiseases.pdf It is noteworthy that Kerala Human Rights Commission has passed an order with the following recommendations: 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. In a sad development one worker (a resident of Basudevpur, Bihiya, Bhojpur) died in the asbestos based factory of Tamil Nadu based Nibhi Industries Pvt Ltd situated in Gidhha, Koilwar, Bhojpur in October 2016. BANI visited the family and the factory site to ascertain the facts. In a manifest case of environmental lawlessness although No Objection Certificate given by the Bihar State Pollution Control Board (BSPCB) to this factory in question has been cancelled by BSPCB. The death of the worker in this illegal asbestos based factory of Nibhi company merits inquiry. As per Supreme Court's order dated 27 January 1995 in CERC V Union of India, the onus of keeping the medical record of the victim is on the company in question. It is noteworthy that illegal asbestos based factories of Nibhi company in Giddha, Bhojpur and Ramco company in Bihiya, Bhojpur are operating in despite cancellation of permission from Bihar Pollution Control Board. BANI has asked the central government to seek strict adherence with ministry's own Vision Statement on Environment and Human Health and pursue remedial measures for present and future generations before children get engulfed in the epidemic of incurable but preventable asbestos related diseases. This is of seminal importance to prevent preventable diseases and deaths. The ministry can take steps for elimination of asbestos factories by denying them environmental clearance. *For Details*: Gopal Krishna, BANI/ToxicsWatch Alliance (TWA), Mb: 09818089660, 08227816731, Email: [email protected], Web: http://www.asbestosfreeindia.org, www.toxicswatch.org -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
VISAKA V GOOGLE 10.11.16.pdf
Description: Adobe PDF document
