All posts tagged Madras High Court

Madars HC – Lankan woman seeks Rs 20 lakh for illegal detention #Vaw


TNN Apr 29, 2013, 05.38AM IST

CHENNAI: A Sri Lankan Tamil woman, claiming that her Chennai-based husband had illegally admitted her in a private asylum at Urappakkam here and kept her confined there for 20 months, moved the Madras high court seeking 20 lakh compensation.

A division bench comprising Justice K N Basha and Justice P Devadass, before whom the habeas corpus petition of K Rizmiya came up for hearing, summoned her husband Kaja Mohideen to the court, and then referred the case to be settled through mediation. The mediation has been scheduled for June 5.

Rizmiya’s counsel P Vijendran said she had joined the Abha Hospital in Saudi Arabia as midwife in 2002, and met Kaja Mohideen, a container driver, there. They fell in love and later got married at Ambara in Sri Lanka.

When their daughter was three and half years old, he left for Chennai without informing her. Rizmiya said it took her two years to reach Chennai and trace her husband’s address, only to realize that Kaja Mohideen was already married with two children. He again persuaded her to return to Saudi Arabia, saying the family needed money to settle in Chennai.

According to her, she returned to Chennai in 2008 and insisted that he lived with her. In the guise of taking her to a hospital for treatment, she was admitted in Oxford Mental Health Home at Urappakkam, saying she was insane. Vijendran said Rizmiya said she was in illegal confinement at the ‘home’ for 20 months. She told TOI that she was administered heavy sedatives and fed cheap food by home managers, who later released her after obtaining her signatures on some papers. “I do not know what was written in that paper,” she said in the petition.

Noting that she had worked in Saudi Arabia and given her entire earnings to her husband for nearly seven years, Rizmiya said she had approached the Tamil Nadu Muslim Munnetra Kazhagam (TMMK), chief minister’s special cell and the city police seeking help to reunite with her husband. Since no help came her way, she filed the present petition seeking 20 lakh as compensation.

Rizmiya said in the guise of taking her to a hospital for treatment, her husband Kaja Mohideen admitted her to Oxford Mental Health Home at Urappakkam, saying she was insane

 

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by kracktivist on April 30, 2013  •  Permalink
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Madras court orders CBI enquiry into a ‘ MISSING 17 YEAR OLD BOY “, as CB-CID botched up the investigations


The Hon'ble Chief Justice of India: Request to Provide a Immediate CBI Investigation to my Son's case.

 

BACKGROUND OF THE CASE

On October 15 of 2011, SANDESH, aged 17, student +1 at Maharishi Vidya Mandir, Hosur, went to a nearby store but he didn’t return back. We looked for him all night but could not find him.  His father  went to the Sipcot Police Station the next day, but my FIRwas lodged only two days later.On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID. but the CB-CID also botched up the investigations  and they gave family  an unclaimed body of 40 years old Ias that of  Sandesh’s body,  The familyw ent to court again asking CBI inquiry which was granted  1April 2013 , THE MADRAS COURT HAS ordered CBI inquiry

THE FATHERS ANGUISH BELOW— 

DELAY IN INVESTIGATIONS BY THE POLICE:

Even after the FIR was lodged, the police didn’t take any sort of action to trace my son. When I insisted, the talaash format of the Complaint and the Call reports of my son’s mobile were reported only after a month later. I always suspected Raj Kumar I.R (A central excise Inspector as on date) and his wife Hemalatha (a govt. school teacher) as their daughter Monisha had a love affair with my son. And my Son used to attend tuitions held by Monisha’s Mother for past 3 years. Later, I came to know that they are the only one who has the illegal custody of my son, Sandesh.  Although I Tried, My complaint against the above said was never lodged by the Sipcot Police Station and Instead I was threatened by an officer who said not to go against them. When I did I lost my job as Raj Kumar I.R informed my company management not to let me allow my Job. I was a Employee at Aankit Granites Ltd.,And was Production Incharge with a monthly salary of Rs.20,000/- And due to Raj Kumar I.R I lost my job, as I took steps against him.

As the Police did not take any sort of steps to trace my son, I, with a prayer many authorities as follows:

Ø  The Sub collector, Hosur

Ø  The  District Collector, Krishnagiri Dist

Ø  The  Assistant Superintendent of Police, Hosur

Ø  The  Superintendent of police, Krishnagiri

Ø  DIG, Salem

Ø  IG, Coimbatore

Ø  DGP, Chennai

Ø  CM- CELL, Tamil Nadu

But there was no response of any kind from them. And my FIR against Raj Kumar I.R and Hemalatha wasn’t lodged and no action was taken.

When I met the DIG, Salem, he in front of me ordered the Superintendent Of Police, Krishnagiri through phone and signed in the petition of mine stating ‘ to alter the case to a kidnapping case and to arrest the accused’, but for some reasons, SP, krishnagiri didn’t do as directed.

Prayer to the MADRAS HIGH COURT to produce my son:

In the Month of December of 2011, I had to file a Habeas Corpus Petition (1908/2011) at the madras High court, as I had no alternate way. I shed all my hopes at the High Court. In the Earlier Prosecutions, first the case was directed to the JSP of Hosur, R.V Ramyabharathi, who stated in her status reports that she is looking for my son and also having a close watch at the Under Suspects. Then, the case was directed to the Superintendent of Police, Krishnagiri, Abhishek Dixit, who tried to close the case with an ulterior motive to save Raj Kumar I.R and Hemalatha.

WRONG JUDGEMENT, DENIED JUSTICE:

                                                       When the Matter came up for hearing on 25 June 2012, Additional Public Prosecutor, Govindarajan informed the Division bench comprising Justices KN Basha and P Devadass, that a skull had been recovered and that it would be sent to the Forensic department for Analysis and Scientific Investigation. And the Bench declared my son dead and altered the case to Section 174 of CrPc, without knowing the truth and without any kind of approval from my side. The next hearing was posted to July 9 2012 for the final report of police. The DNA tests were conducted only on 29 June 2012. I always co-operated with the police and give my blood samples knowing the truth that the skull recovered was not that of my son’s but the police never had a co-operation with us.

FALSE CLAIMS BY THE POLICE:

The Claim made by the police is entirely false. The Skull, which was recovered belongs to a 40 year old whose body was found on 24 October 2011 in a lake at Hosur and a Case was Registered at the Sipcot Police Station (FIR: 374/2011) as a un- identified body. The case was registered at the same Police station where my case is lodged. The skull recovered by the police is not my son’s at all. And also, The SP, Abhishek Dixit always harassed me and my family stating that my son is dead, which is entirely false. And earlier, when the case was directed to the SP, the ID marks of my son were very often replaced with the false ones at the TN police website, without my knowledge.

All this incidents prove a sign of danger to my son.

A RAY OF HOPE:

On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID.The bench issued the following order as in the Order copy.

(1)    The Additional Director General of Police, CBCID, Chennai is hereby directed to nominate a competent officer not below the rank of Deputy Superintendent of Police to take up the further investigation in this case within a period of ten days from the date of receipt of a copy of this order and also intimate the first respondent about the nomination of the said officer.

(2)    The First Respondent, in turn, on receipt of the intimation from the Additional Director General of Police, CBCID, Chennai, shall hand over the entire records relating to the Crime Nos.368/2011 and 374/2011 to the said nominated officer within a period of seven [7] days from the date of receipt of the said intimation.

(3)    The Said Nominated officer shall take all efforts to expedite the investigation and complete the same as expeditiously as possible and shall file a final report, more particularly, within a period of three months from the date of receipt of the records from the first respondent.

(4)    Post the matter after three months.

This order was issued on 11-07-2012 for the HCP 1908/2011.

FADING HOPES AND LOSING FAITH, DELAY IN STARTING THE INVESTIGATION BY THE CB- CID:

I received my copy of the order. Although the Copy of the order was made ready and sent it to Additional Director General Of police, CB-CID but there was no response. When I enquired through phone and went personally at the Office They said that they haven’t received the Copy of the Order and were Helpless until they had the Order copy. I also sent a copy of the order to the ADGP, CBCID Chennai by mail but they said that would accept the one which is only from the Court. And there was no response from two [2] Months. The Investigation of the case came to stand still.

As there was responsible from CB- CID, I filed a petition again in the Madras High court C on September 3. The petition SR no: 36968 with serial 11 and the proceeding are awaited. On September 5, an Officer from CB CID called me to inform that he was the nominated officer. When asked, he said he was the nominated only on September 4. When I questioned the reason for delay, the reply that it could be due to ‘Administrative’ reasons. The officer appointed was Rajesh, DSP, Krishnagiri- Salem, CB –CID and Vijayraghavan, Inspector CB CID, Krishnagiri unit. In this case, Each and every moment is precious and one’s life at risk, but the CB- CID started their investigation after two [2] months from the date of order passed. By facing all these problems, I have no more belief in State Police and the CB CID of the state.

I  stay here in hosur with my wife and two children. Both of my sons study at Maharishi Vidya Mandir, Sipcot, Hosur, Elder son Sandesh in +1 and the younger Sandeep in 9th Standard. We all were leading a decent happy life but now, we are just helpless. There’s no trace of my son yet.

I hereby end this hopefully written Petition, believing that a CBI Investigation is ordered to my Son’s Case, to trace my son Sandesh Immediate. And Take Necessary Actions against the people for their wrong doings.

[SUSHIL MANDAL]

for more information contact- sushilm_8888@rediffmail.com and
Contact number’s are 09486071246, 09629676704.

Now after a year and half MADRAS COURT ORDERS CBI INQUIRY,

THE ORDER BELOW

Order_Copy_PDF

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by kracktivist on April 22, 2013  •  Permalink
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Bombay HC approves Sterlite Industries merger proposal, but ball is in Madras HC


Press Trust of India | Updated On: April 03, 2013 15:44 (IST)
New Delhi: Sterlite Industries (India) Ltd today said the Bombay High Court has approved the merger of the mining firm with Madras Aluminium Company, Sterlite Energy Ltd, Vedanta Aluminium and Sesa Goa.

“The Honourable High Court of Bombay…approved the scheme of amalgamation and arrangement amongst Sterlite Industries (India) Ltd, Madras Aluminium Company Ltd, Sterlite Energy Ltd, Vedanta Aluminium Ltd and Sesa Goa Ltd and their respective shareholders and creditors to create Sesa Sterlite,” the company said in a filing to BSE.

However, the merger is subject to approval of Madras High Court, it said.

“The scheme is also subject to approval of the Honourable High Court of Madras, wherein the hearings have been completed and the order is awaited,” the statement said.

Sterlite Industries (India) is a leading metal and mining firm which produces aluminium, copper, zinc, lead, silver and commercial energy.

Besides India, the company has operations in countries like Australia, Namibia, South Africa and Ireland.

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#India- Supreme court fined Sterlite 1 billion rupees for breaking green laws #goodnews


A labourer works inside a copper workshop in Siliguri June 6, 2009. REUTERS-Rupak De Chowdhuri-Files

A labourer works in a factory at Bharibramna, 20 km (12 miles) west of Jammu, July 15, 2008. REUTERS-Amit Gupta-Files
NEW DELHI | Tue Apr 2, 2013 2:59pm IST

(Reuters) – The Supreme Court has fined Sterlite Industries (India) Ltd 1 billion rupees for breaking environmental laws at its copper smelter in Tamil Nadu. The case is unrelated to a separate order that has shut the 300,000 tonnes per year Tuticorin plant, India’s largest, since last week following complaints of a gas leak. Despite imposing the fine, the Supreme Court overruled an earlier order from the Madras High Court demanding the firm close the plant over longstanding environmental concerns. That disputed order was handed down before the gas leak forced the smelter’s immediate closure. “We have to see that no person or society would be adversely affected by environmental hazards,” said judge A.K. Patnaik, who headed the bench. The money must be deposited within two months, he said. On Monday, the company said the Tamil Nadu Pollution Control Board (TNPCB) had ordered it to shut the plant after local residents complained of breathing problems. Sterlite, a unit of Vedanta Resources PLC (VED.L), has for years been involved in legal battles over environmental concerns at the Tuticorin smelter, with the first of many petitions against it filed in 1996. “Sterlite Industries would continue to work in close association with the State Government of Tamil Nadu and other regulatory bodies, towards maintaining highest standards of Health, Safety and Environment,” the company said in a statement. India consumes around 600,000 tonnes of copper annually – about 3 percent of the world’s total, far behind China which used around 9 million tonnes last year. Shares in Sterlite rose more than 3 percent on Tuesday in a firm Mumbai market. (Reporting by Suchitra Mohanty and Siddesh Mayenkar; Editing by Daniel Magnowski)

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by kracktivist on April 2, 2013  •  Permalink
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Novartis case: Supreme Court’s historic decision on Section 3(d) #TRIPS #Patent


A demonstration against Swiss drug manufacturer Novartis in Mumbai, Maharashtra, on Dec. 21, 2012.

Anand Grover | Apr 2, 2013,

After 2005 India started granting product patents on medicines. However, Section S

ection 3(d), one of the safeguards introduced by Parliament, seeks to prevent patenting of new forms of known substances unless they exhibit enhanced efficacy. Were it not for section 3(d), the standards for grant of product patents on medicines in India would be lower, almost identical to the standards in countries such as the United States andEuropean Union, where a large number of patents are granted on minor modifications of a single medicine.

 

Section 3(d), along with other safeguards such as allowing patent oppositions by public interest groups, has been used as one of the grounds to successfully challenge patents for minor modifications of several antiretroviral (ARV) medicines used to treat people living with HIV.Section 3(d) also became the basis for the refusal of a patent toNovartis for the beta-crystalline form of imatinib mesylate, a drug used to treat chronic myeloid leukemia (CML), a type of blood cancer. In 1998, Novartis filed a patent application in India for this medicine. In 2005, the Chennai Patent office heard patent oppositions to this application including one filed by the Cancer Patients Aid Association (CPAA). The CPAA challenge was spurred by great concern over the price Novartis set for its version of the drug (sold as Gleevec) at Rs 1,20,000 ($2,400) per month as against the generic versions that were available at a cost of around Rs 8,000 to Rs 12,000 per month.

In 2006, the Patent Office rejected Novartis’ patent application on several grounds, including section 3(d). Novartis immediately challenged the constitutional validity of Section 3(d) before the Madras High Court arguing that the term “efficacy” was vague. In 2007, dismissing the challenge, the Madras High Court held that the word “efficacy” had a definite meaning in the pharmaceutical field, i.e. therapeutic efficacy. In 2009, the Intellectual Property Appellate Board (IPAB) rejected Novartis appeal against the patent application rejection on the ground that it did not satisfy section 3(d). Novartis then approached the Supreme Court asking for a liberal interpretation of section 3(d) that would allow it to get a patent on imatinib mesylate.

Novartis tried to argue that the physico-chemical properties of the polymorph form of the imatinib molecule, i.e. better flow properties, better thermodynamic stability and lower hygroscopicity, resulted in improved efficacy. The Supreme Court firmly rejected this contention holding that in the case of medicines, efficacy means “therapeutic efficacy” and these properties while they may be beneficial to some patients do not meet this standard. The Supreme Court also held that patent applicants must prove the increase in therapeutic efficacy based on research data in vivo in animals.

Eight years after India’s patent law was amended, the Supreme Court decision has firmly established the legality and validity of Section 3(d) and has lain to rest the controversy raked up around the section by the pharmaceutical industry. The Commerce Minister has said that India’s law is fully in compliance with the TRIPS Agreement. However, on April 15, commerce minister Anand Sharma travels to Brussels to potentially sign the EU-India FTA that threatens to impose on India obligations far in excess of the TRIPS Agreement; obligations known to undermine generic production and access to medicines.

The Indian Parliament has balanced India’s obligations under TRIPS with the right to health through Section 3(d). The Supreme Court has unequivocally interpreted the true intention and spirit of this provision. It behooves the Indian government to respect the Parliament and the Supreme Court and ensure that it does not sign away these hard fought victories by health and public interest groups in trade negotiations.

The author is a senior advocate and director, Lawyers Collective

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Relief marks shutting of #Vedanta unit #goodnews


31 March 2013

shivani chaturvedi, Statesman

CHENNAI, 31 MARCH: The closure of the Thoothukudi unit of Sterlite Industries yesterday has brought great relief to environmental activists of Tamil Nadu and residents of Thoothukudi (formerly known as Tuticorin).

The copper smelter plant owned by Sterlite Industries has affected the livelihoods of the fishermen, farmers and other sections of the population through unprecedented level of pollution.

Mr Vaiko, the leader of the MDMK, has been campaigning for the closure of this polluting unit since 1997.

The closure of the Thoothukudi unit of Sterlite Industries comes just two days before the apex court is to deliver its verdict on an appeal filed by the Sterlite Industries challenging the 2010 order of the Madras High Court directing the closure of the unit on a petition filed by Mr Vaiko and others. They had complained to the court that the unit was discharging noxious effluent which devastated the entire environment by polluting sea, land and air in the region.

The plant has been closed following the order issued by Tamil Nadu Pollution Control Board in reply to the complaint by the town’s residents that the sulphur dioxide emitted by the company was much higher than the permissible levels. Since 23 March this year, people in and around Thoothukudi have been complaining of suffocation, sneezing and burning sensation in the eyes due to large scale discharge of sulphur dioxide.

However, a press note from the company claimed that the plant adhered to the highest standards of environment, health and safety practices.

The factory, which began production in 1996 has an installed capacity to produce 4,00,000 tonnes of copper per year. It has a regular workforce of 1,000 and 3,000 contract workers.

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Sun news reader suspended after sexual harassment plaint #Vaw #WTFnews


By Express News Service – CHENNAI

30 March 2013

A woman news reader, who recently filed a sexual harassment complaint with police against the news editor of a private television channel, has been suspended from service along with her fiance.

Sources said the news reader and her fiance were suspended from work at Sun TV pending an inquiry into another complaint filed by her colleagues against her.

Speaking to Express, the victim said the complaint against her was a “fabricated one” to shield news editor Raja and his associate Vetrivendan so as to sabotage the sexual harassment complaint filed by her.

The 28-year-old news reader filed a complaint with the police on March 19 against the duo alleging that she faced harassment at work after she refused to concede their demands for sexual favours.

The duo had also allegedly threatened her with dire consequences if she complained about their moves.

Subsequently, a case was registered under section 506(ii) of Indian Penal Code (IPC) and section 4 of the Tamil Prohibition of Harassment of Women Act. Raja was arrested and was remanded to Judicial Custody while Vetrivendan went missing. The latter had moved the Madras High Court for advance bail on Thursday and the matter was pending. Raja is now out on conditional bail.

Meanwhile, an forum of woman journalists on Thursday sought immediate reinstatement of the woman news reader and her fiance. Network of Women in Media, which is an independent forum of media professionals across the country, also demanded an inquiry into the case and sought setting up of a formal mechanism to redress sexual harassment cases at the Chennai-based channel.

The forum noted that there is no redressal mechanism at the channel for complaints of sexual harassment. This is in contempt of the guidelines issued in 1997 by the Supreme Court in the Vishakha case, which places an obligation on every establishment in the country to ensure the rights of women workers by creating a conducive workplace free from sexual harassment.

On the same day, a group of women journalists in the city separately come out with a statement in support of the victim and condemned the practice of targeting women for lodging complaint of sexual harassment at workplace. Sun TV officials were not immediately available for comment.

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#India- 70 year old Doctor sent to prison for doing his duty , by Jayalalitha’s cop #WTFnews


TNN | Mar 30, 2013, 12.49 AM IST

Jaya’s cop sends doctor,70, to jail for doing his job
 CHENNAI: Doctors’ associations in Tamil Naduare up in arms after a 70-year-old physician in Chennai had to spend a night in prison for stopping a police sub-inspector accompanying chief minister J Jayalalithaa from entering the intensive care unit of Apollo Speciality Hospitals in Nandanam with his shoes on. Doctors have threatened to hold a protest on Thursday, if the charges are not withdrawn.
Dr Karunanidhi, a retired government doctor, is the personal physician of B Sivanthi Adityan, owner of Tamil dailyDinathanthi, who is admitted in Apollo Hospitals. On Wednesday, Dr Karunanidhi was arrested after sub-inspector Asaithambi complained that the doctor abused and pushed him when he went to the hospital to check on the security arrangements for the chief minister’s visit.Police charged Dr Karunanidhi under sections 332 (voluntarily causing hurt to a government servant while he/she is on duty), 353 (assaulting or using criminal force on public servant), 341 (wrongful restraint) and 506 (criminal intimidation) of the Indian Penal Code.The doctor was produced before the 18th Metropolitan magistrate Anandavelu. Dr Karunanidhi was remanded to judicial custody and sent to Puzhal prison. Almost immediately, the doctor’s lawyer moved bail application. Bail was granted at 8.30pm on Thursday. The doctor, however, had to spend the night in jail as the bail order reached the authorities after office hours. He was released on Friday.

Advocates, too, have taken exception to the speed with which Dr Karunanidhi was remanded by the magistrate. The Madras High Court has said on several occasions that magisterial courts should not behave “like a rubber stamp” and remand people “in a mechanical manner”. S Prabakaran, president of Tamil Nadu Advocates Association, said, “Assuming that an unarmed senior citizen intimidated an officer, a prima facie case is not made out for remand. The magistrate could have exercised discretion, recorded his reasons and let him out from the court itself.”

Doctors associations say ICUs are sterile zones and could be contaminated if visitors walk in without protective gear. Further, there is risk of infection to the visitors, which is why certain protocol is followed the world over. Tamil Government Doctors’ Association secretary Dr P Balakrishnan said Dr Karunanidhi had done what was best for his patient. “It is important for the hospital administration to ensure that certain zones are sterile. If they fail to do so, the doctor should do it,” he said.

Doctors also questioned the need to imprison a senior citizen. “He is a retired government doctor, who has been practicing medicine for several decades. He has been a great teacher. He will be available any time for an inquiry. What was the need to arrest or jail him?” said Dr T N Ravishankar, former honorary secretary, Indian Medical Association.

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#India- Peoples Victory- STERLITE COPPER CLOSED #goodnews


Sterlite Copper Closed
30 March, 2013 — The Tamil Nadu Government has relented to public pressure and shut down Sterlite Industries‘ copper complex today. According to a worker, officials from 10 government departments arrived by the vanload in the plant last night at 8 p.m. The management then called a meeting of all staff and workers, and announced that the plant was shutting down. Sterlite requested time till about 12 midnight for phased closure, and this was conceded by the Government. By 1210 a.m. all plants except the smelter were shut down. Electricity connection to the copper complex has been disconnected.

On March 28, 2013, more than 5000 people from Thoothukudi — led by the Anti Sterlite People’s Struggle Committee — marched towards Sterlite to shut down the plant. Nearly 1000 people were arrested. The rally was prompted by a toxic gas leak on March 23. Sterlite has been a controversial company since the time that it was proposed in 1994. In its 20 years of operation, it has been shut down twice by the Madras High Court — once by way of an interim order, and in September 2010 through a final order. Sterlite appealed the High Court’s closure order in the Supreme Court, and the plant that was shut down last night was operating on leave from the Supreme Court.

A verdict on the Supreme Court case is expected on 2 April, 2013.

SC to decide fate of Sterlite’s Tuticorin plant Tuesday
By Indo Asian News Service | IANS India Private Limited

New Delhi, March 29 (IANS) The Supreme Court will Tuesday (April 2) pronounce its verdict on the fate of the Sterlite Industries’ copper smelting plant in Tamil Nadu‘s Tuticorin, which was ordered to halt its operations in 2010 by Madras High Court for violating environment norms.

The verdict will be pronounced by a bench of Justice A.K. Patnaik and Justice H.L. Gokhale.

Sterlite, which had described the high court order as “draconian”, had told the apex court that it was a public limited company with 2.3 lakh shareholders, 1,100 employees, 2,500 people employed indirectly and an annual turn over of Rs.13,000 crore.

It said the company was meeting 50 percent of the domestic requirements of copper and was contributing Rs.1,600 crore by way of taxes. Sterlite Industries was the largest manufacturer of copper in the country and even exported it, it added.

In the course of the hearing that was spread over several weeks, the apex court had asked the National Environmental Engineering Research Institute (NEERI), Central Pollution Control Board (CPCB) and Tamil Nadu Pollution Control Board (TNPCB) to carry out detailed inspection of the plant and its site.

CPCB counsel Vijay Panjvani said Sterlite spent Rs.150 crore for putting in place new pollution control devices to overcome the deficiencies in its pollution control measures as suggested to it by different agencies mandated to protect the environment.

The Madras High Court by its Sep 28, 2010 order had directed the immediate closure of the plant, nut the apex court, by its interim order of Oct 1, 2010, stayed its operation.

Besides the closure, the high court had also directed the payment of compensation to Sterlite’s employees as per the provisions of the Industrial Disputes Act.

Tuticorin’s district collector was also directed to take all necessary and immediate steps for the re-employment of the workers in some other companies, factories or organizations.

Challenging the high court order, Sterlite Industries contended that it was passed on a PIL filed in 1994, pointing to then alleged deficiencies in the compliance of the statutory environmental provisions.

It said that though the hearing on the PIL was concluded in January 2010, it was eight months after on Sep 28, 2010, that the high court passed the order directing the immediate shut down of the company.

While ordering the plant’s closure, the high court had noted that it was within 25 km of an ecologically fragile area

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Vedanta-Sterlite – Dangerous by Design #CSR #Humanrightsviolations


 Nityanand Jayaraman

MARCH 28, 2013
 at kafila.org

Guest Post by  NITYANAND JAYARAMAN 

Tuticorin Oct 2010 298

A toxic hotspot in the backyard of a house in Therkuveerapandiapuram, a village adjoining the Sterlite factory.  Dangerous levels of iron and arsenic were found in the soil here. (Picture by Nityanand Jayaraman)

On 23 March, 2013, a toxic gas leak from Vedanta-subsidary Sterlite’s copper smelter in Thoothukudi spread panic and discomfort for several kilometres around the plant. The leak once again highlighted the increased potential for major catastrophes due to an atmosphere of collusion between regulators and polluters. The company, which was shut down for maintenance, resumed operations in the early hours of 23 March. Within hours, people in the nearby areas complained of suffocation and eye and nose irritation. A 35-year old Bihari contract labourer, who was working at Sterlite’s thermal power plant nearly a kilometre away, reportedly succumbed to the effects of the toxic gas. Irate residents rallied to the District Collector’s office demanding permanent closure of the offending factory.

The District Collector suggested that sulphur dioxide may have been the culprit. But anyone who knows the history of this plant would lay the blame not on this gas or that, but squarely on pliant regulators, and perhaps the judiciary.

The 1200 tonne per day (tpd) copper smelter was constructed in two phases – both with dubious legality – with active support of the Tamil Nadu Pollution Control Board (TNPCB), the Ministry of Environment & Forests (MoEF) and the chairperson of the Supreme Court Monitoring Committee (SCMC). In September 2004, when SCMC visited Thoothukudi, it found that Sterlite had constructed a 900 tonne per day copper smelter complex without obtaining an Envirnomental Clearance from the MoEF. Neither did the plant have the mandatory Consents to Establish under Air and Water Acts.

Citing poor pollution management, the SCMC recommended that clearance should not be given. It ordered the TNPCB to verify the illegal constructions and take action. Contrary to recommendations, clearance was given a day after of the Committee’s visit to Sterlite. TNPCB inspected and confirmed the illegal constructions, but did nothing more.

On 7 April, 2005, a director at the MoEF wrote to the chairperson of TNPCB urging her to grant a Consent to Operate to Sterlite. “The directions issued by SCMC in this regard has (sic) been discussed with Chairman, SCMC, who has desired that TNPCB may now decide regarding granting consent for expansion to M/s Sterlite Industries India Ltd (SIIL) Tuticorin, Tamilnadu,” she wrote. The Air and Water Acts do not have any provision for legalising units constructed without a valid Consent to Establish. TNPCB obliged and issued a consent on 19 April 2005.

Sterlite went on to expand its capacity to 1200 tpd. To get its licenses, Sterlite exaggerated the extent of land in its possession. In 2007, Sterlite submitted an Environment Impact Assessment report that suggested that it had greened 26 hectares of its 102.5 hectare plant site. It claimed that it had sufficient lands – about 176 ha — in its possession to accommodate the expanded capacity and the resultant pollution (solid waste, air emission and effluents). It promised to plant 43 hectares with pollution-abating trees. Subsequent inspection reports by the TNPCB even state that the company had greened 25 percent of its 176 hectare land holding.

On 28 September 2010, the Madras High Court ordered closure of the copper plant. One key grounds for closure was the industry’s failure to comply with the condition requiring the development of a 25 metre greenbelt around the factory. TNPCB was chided for arbitrarily reducing the greenbelt requirement from 250 metres to 25 metres in response to Sterlite’s lament about high land costs associated with the wider belt.

The Madras High Court had rightly held that the failure to comply with greenbelt requirements was a crippling lapse. Indeed, had a thick belt existed, the effects of the recent gas leak would not have reached the city.
When Sterlite was shut down by the High Court, the factory was running without valid licenses under Air and Water Acts. Two days later, the Supreme Court stayed the High Court order and unwittingly authorised the unlicensed operation of a disputed facility.

In May 2011, Sterlite’s non-compliance of greenbelt requirements and its land fraud came to light in a report submitted by NEERI to the Supreme Court. Against a requirement of 176 hectares for the 1200 tonne plant, Sterlite had only 102.5 hectares, the report found. Also, less than 13 hectares – as against 43 hectares – had been greened.

Since October 2010, Sterlite has functioned on leave granted by the Supreme Court. During the apex court’s watch, at least 8 hazardous incidents were recorded where 3 workers were killed, four more injured. Several hundred people in the vicinity of the plant have been gassed.

Under the circumstances, faith in the rule of law is not an easy belief system to sustain.

UPDATE

Thoothukudi Gears up For Major Showdown with Sterlite

27 March, 2013. Thoothukudi – Residents of the coastal Tamilnadu town of Thoothukudi are gearing up for a major showdown with Sterlite on 28 March, less than a week after a massive gas leak injured hundreds of people for kilometres around the company’s controversial copper smelter. Numerous groups, cutting across political lines, will march from the city to Sterlite’s gates demanding its permanent closure. In the 20 years that it has functioned, Sterlite has been blamed for numerous mishaps, deaths and injuries. It has been closed twice by the Madras High Court, including in September 2010 when the High Court shut it down through its final order arguing that the company had violated siting setbacks, pollution norms and licence conditions.Tomorrow’s rally is gathering massive support as the Tamil Nadu Federation of Merchants led by Vellian, and the Esakkimuthu Conch Divers Association have said they will participate in the strike. The call for the strike was originally given by Vaiko, a political leader of the Marumalarchi Dravida Munnetra Kazhagam, who said that this was an issue that transcended politics, and that the residents are united in their desire to rid their city of Sterlite’s Bhopal-like factory. Other prominent Thoothukudi-based workers organisations too have committed their support to the strike. The Anna Bus Stand Taxi Drivers Association, and the Anna Bus Stand Auto Drivers Welfare Association with nearly 200 auto drivers as members have said they will boycott work and join the residents demanding closure of Sterlite. Many more organisations and political parties are expected to join.“We are very angry. We have seen numerous such agitations start and then stop. We want an end to this nonsense. Sterlite must be shut down,” said 55 year old M. Shanmugavelu, Presidents of the Auto workers Association.

34-year old M. Kishorekumar, who is the president of Taxi Drivers Association clarifies that they are not opposed to industries. “We want good industries to come to Thoothukudi, to Tamil Nadu. But Sterlite is not good for us. It is a dangerous factory. We have to think about our futures too,” he says. “My 11-year old son suffered because of the gas leak. It is now three days since the leak, and he is still complaining of head ache, eye and throat irritation, a bitter taste in his mouth and has no appetite. I have had to take him to hospital for three days. He has to go to school with all this because it is examination time,” Kishorekumar says.

List of Hazardous Incidents at Sterlite Industries between October 2010 and March 2013 during the time the plant has run on leave granted by Hon’ble Supreme Court.

Compiled by Nityanand Jayaraman, based on reports by Sterlite workers

Total: 3 dead; several injured in 8 incidents

Date

Incident

Number Dead/Injured

8.3.2013

Amalan, 30, sustained serious injuries after an electrical fire broke out at Motor Control Room of Phosphoric Acid Plant.

1 injured

18.3.2013

Swaminathan, 50, killed after falling into Phosphoric Acid tank. Due to the poor light conditions, the worker tripped on the scaffolding and fell 15 metres into an open and empty tank.

1 dead

23.3.2013

Massive gas leak, suspected to be Sulphur dioxide or trioxide, causes suffocation and panic around the Sterlite Copper plant. One Sterlite contract worker, Shailesh Mahadev, 35, reportedly succumbed to exposure to the gas.

1 dead; several injured

23.8.2011

One North Indian worker, sourced by labour contractor Lohit, and employed by Mahesh Engineering was injured while working in the Phosphoric Acid Plant. Workers, who said very little information was available about his condition and what actually happened. He is reported to have had 5 stitches.

1 injured

17.8.2011

A white gas (suspected to be Sulphur Dioxide) escaped for about 45 minutes at ground level throwing a scare among Sterlite workers, after a power outage caused a shutdown of the Copper smelter and sulphuric acid plant at around 10 a.m. today (17 August, 2011). The wind was blowing from East to West and carried the smoke away from the highway and the Milavittan village.

13.8.2011

Thangapandi, a 32-year old contract worker, engaged by OEG Ltd to work in Sterlite’s copper smelter factory sustained first degree burns due to an electrical accident. Thangapandi is a resident of Pandarampatti.

1 injured

31.5.2011

Amalanathan, a 28-year old crane maintenance mechanic, was electrocuted and killed in Vedanta-subsidiary Sterlite Copper’s premises today. According to workers, Amalanathan died on the spot at around 11.30 a.m. As of 3.30 p.m., the police had not yet registered a First Information Report. According to a Marumalarchi Dravida Munnetra Kazhagam (MDMK) party worker, it was only after the communist unions and MDMK intervened by staging a road blockade did the Police even enter the scene. Amalanathan, who was married barely 3 months ago, is a resident of a locality called 3rd Mile, near Sterlite.

1 dead

3.3.2011

Ratheesh, a young contract employee from Sterlite, sustained 30 to 35 percent burn injuries on chest and hand. He was admitted to Apollo Hospital, Madurai, and underwent treatment until 24.3.2011. Inpatient Number: 205688. Referred by Dr. Vanitha Stephen, Tuticorin.

1 injured

 

Nityanand is a Chennai-based writer and environmental activist.

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by kracktivist on March 29, 2013  •  Permalink
Posted in Advocacy, Announcements, Health Care, Human Rights, Justice, Kractivism, Law, Minority Rights
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Posted by kracktivist on March 29, 2013

http://kractivist.wordpress.com/2013/03/29/vedanta-sterlite-dangerous-by-design-csr-humanrightsviolations/

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