By NAPM
17 December, 2011
Source: http://countercurrents.org/napm171211.htm
New Delhi, December 17 : About twenty two members of Plachimada Coca-Cola Virudha Samara Samithi and Plachimada solidarity forum including Vilayodi Venugopal, Sri N. P. Johnson, N Subramanyan, Fr. Augustine, M N Giri, Sahadevan and ors, walked in to the premises of the Coca Cola Factory in Kerala state, India and courted arrest. When produced the Magistrate ordered their release on furnishing personal bond but activists refused to take bail in protest against apathy on the part of state government and the delaying and subverting tactics in favour of Coca Cola. NAPM hails the action of these activists and salutes their courage for choosing to do this to bring home the dire need for quick passage of the ‘Plachimada Coca-Cola Victims’ Relief and Compensation Claims Special Tribunal Bill, 2011.
It needs to be noted that based on the report submitted by Plachimada High Power Committee appointed by Goverment of Kerala, ‘Plachimada Coca-Cola Victims’ Relief and Compensation Claims Special Tribunal Bill, 2011’ was passed by the Assembly on 24 February 2011. The Bill sent by the Governor of Kerala to the President via the central Ministry of Home Affairs on 30 March, and the Home Ministry in turn has sent it to various related ministries for their comments on 17 April. They were then supposed to forward the Bill to the President with the consolidated comments.
The decision to send the Bill to the President was taken by the State Law Department, although there was no issue of repugnance and hence there was no need for Presidential assent. There is no question of repugnance as the law deals, in its operative part, with entirely state subjects, namely, losses in agriculture, health care, animal husbandry, job loss and groundwater contamination.
Very recently, the Union government has referred the Bill back to State government but till date State Law Ministry has not done anything on this. We fail to understand this delay, when in the State as well as at the Centre Indian National Congress Party is in power in coalition. Is this delay part of a larger design ? Is the government trying to serve the interests of the Coca Cola Corporation ? It is extremely shameful that the governments at the State and Centre are neglecting the demands of the suffering communities and the elected Gram Sabha. We all know that continuous Satyagraha has been going on since earth day in 2002, which has now completed almost a decade. How long are they expected to wait ?
Amidst all this Kerala government is planning to give distribution rights to Coco - Cola for providing drinking water to government hospitals in Kerala. Union Minister of State for Food Sri K.V. Thomas declared that months back. It was after sustained people's movements and pressure from the groups across the country which forced the government to enact this special tribunal Bill. It is high time government brought this enactment to force and justice is done to the suffering communities and Coke is held responsible for their Corporate Crimes and made to pay for this. Our struggle to hold the corporations accountable will continue until justice is done to the people.
Medha Patkar, Sandeep Pandey, Gabriele Dietrich, Prafulla Samantara, Geo Josh, Hussain master, Gabriele Dietrich, Suniti S R, Rajendra Ravi, Ramakrishna Raju, Anand Mazgaonkar, Vimal Bhai, Madhuresh Kumar.
Wednesday, December 21, 2011
Wednesday, August 10, 2011
Blood spills in water war - 4 farmers die in protest against urban drinking water project
| JAIDEEP HARDIKAR |
Aug. 9: Four farmers were killed in police firing as a protracted farmers’ agitation against an urban water-supply project in Pune district turned violent on Tuesday afternoon. Several farmers and 20 policemen were injured, two of them seriously. More than 300 protesters were rounded up. A strong crackdown restored traffic on the blocked Pune-Mumbai expressway, Pune rural police said. Around 1.30pm, more than 400 villagers, agitating for years against an urban water supply project they fear will divert water meant for farming, clashed with police. Encircled by the mob, a police officer opened fire, the superintendent of police (Pune rural) Sandeep Karnik said. “We fired in self-defence,” he said. “There was unfortunately no option…. When our men pleaded with them to disperse and lift their blockade, some of them pelted them with stones from behind.” The dead, who include a woman, have been identified as Moreshwar Sopan Sathe, 40, Shyam Waghu Tupe, 40, Maruti Barku Khirode, 35, and Kantabai Ankush Thakar, 45. Karnik said an inspector and an additional SP were among the policemen injured. The farmers of Gahunje village, 40km from Pune, have been opposed to the project since 2008 when work on it started. They stepped up their resistance recently when it emerged the authorities had been working silently on the project that will ensure 24-hour drinking water supply to urban dwellers under a civic body run by Sharad Pawar’s Nationalist Congress Party. The project of the Pimpri and Chinchwad Municipal Corporation (PCMC), two industrial townships near Pune, is one of the pet ventures of Pawar’s nephew and deputy chief minister Ajit Pawar. It envisages laying two underground pipelines from the Pavna dam to the PCMC water pumping station. The civic body goes to the polls next year and Ajit wants to showcase the project as a trophy in a bid to retain power. The Congress, an ally of the NCP in the ruling coalition, is a bitter rival in the municipal corporation. The farmers, most of them loyalists of the local BJP legislator, are also opposed to giving land for pipelines and are upset the matter of compensation is hanging fire, though their anger is more about the diversion of irrigation water. For the last couple of years, Maharashtra has been witnessing violent protests against diversion of irrigation water for industry and urban drinking water purposes. The police said the BJP legislator, Sanjay Bhegade, had addressed a meeting of the farmers this morning and led a march on the construction site where the protesters allegedly smashed equipment and tried to torch government vehicles. They later blocked the Mumbai-Pune expressway. The firing rocked the Assembly, where the Sena-BJP combine stalled proceedings demanding an explanation. Home minister R.R. Patil, who is from the NCP, justified the firing and said it was in “self-defence”. Pune collector Vikas Deshmukh has ordered a judicial probe into the firing. Mandar Sathe of Pune-based NGO Prayas said the project would hit agriculture in the area as much of the land, irrigated by the Pavna river, is used for multi-crop farming. “Farmers have been lifting the water from the Pavna for generations. It is a prosperous sugar belt,” he said. Others feared losing their plots. “Some of us will lose land but everyone’s farming will be affected…. We won’t allow this project,” said Balasaheb Pingale of the BJP-affiliated Bharatiya Kisan Sangh. |
Source: The Telegraph
Sunday, June 26, 2011
Water ‘vision’ for villages
DEEPANKAR GANGULY
Calcutta, June 26: The Mamata Banerjee government has taken up a scheme to supply 70 litres of safe drinking water daily to each household in rural areas by 2020.
The chief minister has asked public health engineering (PHE) minister Subrata Mukherjee to draw up a detailed report on the project — named Vision 2020 — and submit it to her by the end of this month.
Mukherjee said the programme planned to supply safe drinking water to every village from a source not more than 50 metres from a household. “If we can achieve our target by 2020, it will also help improve the general health of villagers, many of whom suffer from water-borne diseases and the effects of arsenic contamination. The estimated cost of the project is Rs 1,095 crore,” the PHE minister said.
According to the draft Vision 2020 document, the government will try to bring about 55 per cent of the rural households under the scheme by 2015. Kiosks will be set up in every village where water will be stored after purification from treatment plants. Villagers will be able to collect water from the kiosks, Mukherjee said.
“We will also try to supply piped water directly to 33 per cent of these 55 per cent households by 2015,” the minister said. “All schools will have access to adequate drinking water. Panchayats and self-help groups will be tasked with maintaining the water-supply network.”
“It is a shame that in many villages, the residents still have to collect drinking water from ponds,” Mukherjee said.
PHE officials said several small water-treatment plants would be set up. Water from various sources such as rivers, canals and ponds will be brought through pipes to the treatment plants. After purification, the water will be piped to the kiosks. The officials said rainwater harvesting was also being considered.
“We want to avoid the use of underground water as much as possible, particularly in Bankura, Purulia, West Midnapore, Birbhum and Burdwan. In these districts, the arsenic level in groundwater is high. There are problems of fluoride contamination too,” a PHE official said.
PHE sources said a separate scheme was being considered for the Sunderbans, but they did not mention the specifics. For the Darjeeling hills, the Terai and arid regions, water will be carried to and from the treatment plants through large pipes as local water sources are insufficient in these regions.
Mamata will approach the Centre for funds once the Vision 2020 document is ready, the sources said. The PHE department is “giving final touches to the document”, they added.
PHE minister Mukherjee has formed a 12-member expert committee to prepare the document.
Source: http://www.telegraphindia.com/1110627/jsp/bengal/story_14164309.jsp
Calcutta, June 26: The Mamata Banerjee government has taken up a scheme to supply 70 litres of safe drinking water daily to each household in rural areas by 2020.
The chief minister has asked public health engineering (PHE) minister Subrata Mukherjee to draw up a detailed report on the project — named Vision 2020 — and submit it to her by the end of this month.
Mukherjee said the programme planned to supply safe drinking water to every village from a source not more than 50 metres from a household. “If we can achieve our target by 2020, it will also help improve the general health of villagers, many of whom suffer from water-borne diseases and the effects of arsenic contamination. The estimated cost of the project is Rs 1,095 crore,” the PHE minister said.
According to the draft Vision 2020 document, the government will try to bring about 55 per cent of the rural households under the scheme by 2015. Kiosks will be set up in every village where water will be stored after purification from treatment plants. Villagers will be able to collect water from the kiosks, Mukherjee said.
“We will also try to supply piped water directly to 33 per cent of these 55 per cent households by 2015,” the minister said. “All schools will have access to adequate drinking water. Panchayats and self-help groups will be tasked with maintaining the water-supply network.”
“It is a shame that in many villages, the residents still have to collect drinking water from ponds,” Mukherjee said.
PHE officials said several small water-treatment plants would be set up. Water from various sources such as rivers, canals and ponds will be brought through pipes to the treatment plants. After purification, the water will be piped to the kiosks. The officials said rainwater harvesting was also being considered.
“We want to avoid the use of underground water as much as possible, particularly in Bankura, Purulia, West Midnapore, Birbhum and Burdwan. In these districts, the arsenic level in groundwater is high. There are problems of fluoride contamination too,” a PHE official said.
PHE sources said a separate scheme was being considered for the Sunderbans, but they did not mention the specifics. For the Darjeeling hills, the Terai and arid regions, water will be carried to and from the treatment plants through large pipes as local water sources are insufficient in these regions.
Mamata will approach the Centre for funds once the Vision 2020 document is ready, the sources said. The PHE department is “giving final touches to the document”, they added.
PHE minister Mukherjee has formed a 12-member expert committee to prepare the document.
Source: http://www.telegraphindia.com/1110627/jsp/bengal/story_14164309.jsp
Friday, June 10, 2011
Cola Bill by R. Krishnakumar
THE road ahead seems to be a difficult one for the Bill passed recently by the Kerala Assembly for the establishment of a special tribunal to “make the polluter pay” and recover compensation for the people affected by the activities of Coca-Cola's controversial bottling unit at Plachimada in Palakkad district. “The Plachimada Coca-Cola Victims Relief and Compensation Claims Special Tribunal Bill, 2011”, proposed by the Left Democratic Front government at the fag end of its term, was passed without discussion on February 24, the last day of the last session of the 12th Assembly, while members of the LDF and the opposition United Democratic Front (UDF) were busy trading corruption allegations.
Amidst criticism that a Bill on an issue that falls under the residuary powers of legislation of Parliament (Article 248) may not be within the constitutionally mandated jurisdiction of a State Assembly, the Kerala government has decided to send the Bill for the President of India's assent, before it can become law and rules can be framed on its basis.
Under the proposed law, the tribunal is sought to be established “for the adjudication of disputes and recovery of compensation for the damages caused” by the company “by entertaining original applications” (from the affected people) and “by transferring cases pending before the various courts and other authorities to the tribunal”. The tribunal can also entertain grievances regarding violation of laws relating to the environment and air and water pollution or the implementation of such laws.
The three-member tribunal is to have all the powers and authority of a civil court and is to decide its award by applying the “principles of sustainable development, precautionary principle and the polluter pays principle”. All cases involving local residents arising out of violations of laws relating to the environment and air and water, in which the company is a party, and are pending before any court, except the High Court or the Supreme Court, have to be transferred to the tribunal as and when it is established by a government notification. The High Court can also refer “any matter pending before it relating to the company” on which the tribunal is empowered to adjudicate.
Some organisations that had participated in the agitation against the Coca-Cola unit described the Bill as “a historic victory for the people of Plachimada”. Others, including former Law Minister K.M. Mani (a prominent leader of the UDF), described it as “an election gimmick” and said the Assembly had passed a Bill on an issue over which it did not have jurisdiction. The Coca-Cola company said it was “disappointed in the Plachimada Tribunal Bill and the flawed process on which it is based”.
The company claimed in a press statement that none of the scientific studies conducted by various government bodies had found its operations responsible for any of the instances of damage alleged in the Bill. It said the Bill “is devoid of facts, scientific data or any input from HCCB” (Hindustan Coca-Cola Beverages) and that “at no time was HCCB offered an opportunity to present facts, engage in dialogue around this issue or share independent data before the Bill was tabled or approved”.
The company also argued that “any government committee or panel reviewing claims should have first determined, through scientific study and established process of law, whether any damage was caused to the local residents. And, second, if such damage was caused, who or what was responsible” (for it). Currently, HCCB is reviewing all available options, but remains willing to engage with all stakeholders on the issue. It is likely that the people of Kerala may soon realise that any action against the soft-drink giant is easier said than done.
Source: http://www.frontlineonnet.com/fl2806/stories/20110325280611600.htmThursday, June 9, 2011
Sunday, May 8, 2011
Kerala asks Coca-Cola to pay Rs 216 crore to Plachimada victims
The LDF government in Kerala has asked Coca-Cola to cough up Rs 216 crore as compensation for "losses" caused by its plant at Plachimada to people in the area. On Thursday, the final day of the present Assembly session, the government rushed through a Bill to enact a special tribunal to realise the penalty.
The Bill, titled Plachimada Coca-Cola Victims' Relief and Compensation Claims Special Tribunal 2011, will empower the government to claim compensation from the company on the basis of the "polluter pays" principle, according to N K Premachandran, state water resources minister, who piloted the Bill. The Bill was based on the recommendations of a high-power committee, headed by additional chief secretary K Jayakumar, which found that a "loss" of Rs 216.16 crore had been caused by HCCB at Plachimada village in Palakkat district.
According to the Bill, the plant had caused environmental and soil degradation and water contamination due to over-extraction of ground water. The plant's functioning had led to drinking water scarcity and decline in agriculture due to disposal of sludge which contained metals like cadmium, lead, and chromium. The Bill said the sludge disposal also affected the health of people causing skin ailments, breathing problems and other disabilities.
The three-member special tribunal, created through the Bill, will have powers to consider petitions for compensation or restitution of property damaged against the company, arising out of grievances due to violation of laws relating to environment, air and water pollution.
The Bill, titled Plachimada Coca-Cola Victims' Relief and Compensation Claims Special Tribunal 2011, will empower the government to claim compensation from the company on the basis of the "polluter pays" principle, according to N K Premachandran, state water resources minister, who piloted the Bill. The Bill was based on the recommendations of a high-power committee, headed by additional chief secretary K Jayakumar, which found that a "loss" of Rs 216.16 crore had been caused by HCCB at Plachimada village in Palakkat district.
According to the Bill, the plant had caused environmental and soil degradation and water contamination due to over-extraction of ground water. The plant's functioning had led to drinking water scarcity and decline in agriculture due to disposal of sludge which contained metals like cadmium, lead, and chromium. The Bill said the sludge disposal also affected the health of people causing skin ailments, breathing problems and other disabilities.
The three-member special tribunal, created through the Bill, will have powers to consider petitions for compensation or restitution of property damaged against the company, arising out of grievances due to violation of laws relating to environment, air and water pollution.
Centre to enact law on drinking water standards
In India you have quality standards specifications for soft drinks, but none for potable water. The Department of Drinking Water and Sanitation, under the Ministry of Rural Development, is now seeking to correct the record, and, thankfully, the exercise will cover urban habitations too.
The department has found the current legal environment for enforcing and regulating drinking water standards very weak in the country as they focus on issues related to large water bodies and their pollution.
Moreover, the prevailing drinking water quality standards are recommendatory in nature and not enforceable. Institutionally too, there is a lack of clarity between the service provider and the regulating authority. In most cases the service provider doubled up as the regulating body.
After studying the prevailing standards in countries like Australia, the United Kingdom and the United States, the Ministry has decided to put in place an appropriate legal and institutional mechanism to define quality standards, build operator capacity, provide financial support and ensure compliance to ensure safety of potable water.
Water being a State subject, the way forwards is to develop either a national legislation on the lines of the U.S. or encourage States to have a legislation, as in in Australia, to ensure safety of drinking water.
The Union government is likely to lay the requirements through appropriate legislations, which the States would adopt and improvise.
While developing water quality standards, the Centre proposes to impose the list in a phased manner, starting with bacteriological contamination and essential chemicals contamination and include other contaminants like pesticides over a five-year period. This will require capacity labs to test the contaminants to the required standards.
As regards regulation, it is likely to begin with larger systems and piped water systems and include other smaller systems over a period of time. The Ministry is considering bringing both the private sources and the public water systems that provide water to a minimum defined population.
While a decision is still pending on whether to have a national regulatory agency or a state level one, the draft, however, has made it clear that in principle the provider could not be a regulator. It has also ruled out the option of self- regulation.
The Centre and the States will bear the burden of financing investment in part or full, but the paper lays greater stress on the need for a clear policy direction on paying for the operation and maintenance of the system.
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