Responding
to an order dated November 26, 2024 by National Green Tribunal (NGT) 's principal bench comprising of judicial member Justice Sudhir Agarwal and expert member Dr. Afroz
Ahmad, Ban Asbestos Network of India (BANI) has pointed out that in its
submission before the NGT, India's Asbestos Fiber Cement Product
Manufacturers Association refers to judgement of 1995 by the Supreme
Court in Consumer Education Resource Centre v. Union of India but omits
significant part of the directions with regard to ILO resolution
concerning Asbestos and the compensation to the certified victims in
order to mislead the NGT. The next date of hearing is on December 17, 2024. The case was registered on April 17, 2023. So far 11 orders have been passed in the case.
Press Trust of India, The Tribune, Business Standard, The Print, Udayvani, Deccan Herald, The Hill Times, The Telegraph, Amar Ujala, Outlook Business have reported that NGT has said that Environment Ministry causing 'serious obstruction' in functioning. The Sunday Standard has reported that NGT has slammed MoEF for ‘stalling action’ over asbestos sheets in educational institutions. It has been reported that Tribunal Faces Roadblock: MoEFCC’s Silence on Asbestos Hazards in Schools
NGT's order reads: "Issue of non-occupational health hazards likely to be caused by use of Asbestos sheets in educational institutional to students has been raised in this application. Vide order dated 18.07.2024, we required Ministry of Environment, Forest and Climate Change (hereinafter referred to as ‘MoEF&CC’) to find out whether in respect of use of asbestos sheets in Educational Institutions, there are some different kinds of health hazards to students i.e. non-occupational health hazards, comparing to health hazards applicable to workers in Industrial Sector, and if there is a distinction, let the matter be given a scientific study and report of such scientific study be submitted along with reply. Tribunal considered the matter on 25.09.2024 and found that though an affidavit dated 24.09.2024 has been filed by MoEF&CC but no specific reply has been given in respect of scientific study on the question posed by Tribunal in para 6 of order dated 18.07.2024. Tribunal by order dated 25.09.2024 again directed Ministry to get study conducted by constituting an expert Committee comprising of specialist of multi-discipline and submit report within two months. Shri Narender Pal Singh, Advocate present on behalf of MoEF&CC has stated that a Committee has been constituted comprising of 12 persons but could not give any reply, whether any study has been conducted and report has been submitted or not. No official from MoEF&CC is present to apprise Tribunal about compliance of Tribunal’s order dated 25.09.2024 and no report has been placed on record. In these facts and circumstances, Tribunal, due to lack of appropriate response on the part of MoEF&CC is not in a position to proceed further in the matter and this a serious obstruction caused in functioning of Tribunal by Environmental Ministry itself. In these facts and circumstances, having no option, we are constrained to direct an officer of MoEF&CC to remain present personally before Tribunal, not below the rank of Joint Secretary, who is well conversant with the subject in issue, on the next date, and to explain as to why order dated 25.09.2024 has not been complied with by it though non-compliance of Tribunal’s order constitute an offence under Section 26 of National Green Tribunal Act, 2010."
Dr. Raja Singh, the applicant who has filed the application before the NGT is a visiting faculty in the Department of Architecture, School of Planning and Architecture, New Delhi for issuance of directions for stopping the use of Asbestos roof sheets for schools as a measure of public health and safety and environmental health under the Environment Protection Act 1981 and Air (Prevention and Control) of Pollution Act 1986 at the pan-India level. The applicant has submitted that asbestos roofing is composed of a mixture of asbestos fibers and cement. Many times, schools buildings use these asbestos sheets, especially in the rural areas. Over time, the asbestos sheets become friable or crumble and asbestos fibers are released from these sheets which can become airborne in the indoor air of the school and be inhaled by the occupants of the school who may be small school going children. These buildings also have higher dust pollution. The inhalation of the asbestos fibers causes lung diseases which may turn fatal. The peculiar character of diseases related to asbestos fiber inhalation is their high latency period and any student who is exposed at a young age will only get the manifestations of the diseases after decades during his/her bread winning or family raising period. Asbestos being a non-biodegradable material is a health hazard to school children. The applicant has referred to research titled ‘The natural reduction of threat in selected systems of old buildings containing asbestos’ published in Nature Scientific Reports.
This study underlines that "The health aspect of asbestos works must be taken into account relative to contemporary tendencies leaning towards absolute asbestos removal. Pleural mesothelioma cancer is characterized by a 40-year latency period. Therefore, results of exposure from 1990 to 2019 will result in diseases arising in 2030–2059. This applies in particular to the higher asbestos exposures arising during the asbestos removal programs. Accelerated and imprecise disassembly, may result in increasing mesothelioma in future decades. Research on the increase in mortality in the USA in the 1980s caused by asbestos removal confirmed this problem."
The conclusion of the study is as under: "1. The concentration of asbestos fibers in indoor air of “rigid-constructions” is most often small, ~ 0–300 f/m3; “non-rigid construction” is often higher.
2. In a such buildings after many years of operation the air quality getting better over time.
3. Active behavior in buildings with asbestos is a cause of above-normal dust pollution. For this reason, children and young people should not use buildings with asbestos, regardless of their physical condition.
4. In a normally used building containing ACM, ventilation and air exchange are important factors in reducing the concentration of asbestos dust over time.
5. If there is no evidence of an increase in the concentration of asbestos in the air, the removal of ACM from such facilities should be postponed until the building is no longer used.
6. Repeated confirmation of low concentrations and/or confirmed concentration decreases in the building allows an extension of safe facility operation.
7. The reduction of asbestos dust in buildings can be a normal and natural process after proper and long service life (if the operation is not accompanied by the destruction of asbestos). Such conditions are met by many buildings with non-friable ACM, in which asbestos is insulated from the internal air. An example of this construction is BISTYP." BISTYP seems to refer to a Polish design of industrial building of rigid structure.
2. In a such buildings after many years of operation the air quality getting better over time.
3. Active behavior in buildings with asbestos is a cause of above-normal dust pollution. For this reason, children and young people should not use buildings with asbestos, regardless of their physical condition.
4. In a normally used building containing ACM, ventilation and air exchange are important factors in reducing the concentration of asbestos dust over time.
5. If there is no evidence of an increase in the concentration of asbestos in the air, the removal of ACM from such facilities should be postponed until the building is no longer used.
6. Repeated confirmation of low concentrations and/or confirmed concentration decreases in the building allows an extension of safe facility operation.
7. The reduction of asbestos dust in buildings can be a normal and natural process after proper and long service life (if the operation is not accompanied by the destruction of asbestos). Such conditions are met by many buildings with non-friable ACM, in which asbestos is insulated from the internal air. An example of this construction is BISTYP." BISTYP seems to refer to a Polish design of industrial building of rigid structure.
BANI
has also pointed out that the Asbestos Fiber Cement Product Manufacturers
Association, a cartel of asbestos based companies which has referred to a
“National Study on Occupational Safety, Health and Working Environment
in Asbestos Cement Product Industries” covering 50 functional asbestos
cement product industries of the country carried out by the Directorate
General Factory Advice Service and Labour Institutes (DGFASLI) under the
Ministry of Labour and Employment. This study found that out of 2603
workers, 10 cases were suspected cases of asbestos related disorders.
This study came under scrutiny of a paper entitled “Analysis of the
Indian Government’s position on the use of asbestos and its health
effects” published in Public Health Action (June 21, 2023) by Dr. R.
Singh and Prof. A. L. Frank. The paper concludes that the DGFASLI “study
has some potential limitations, including the possibility that disease
latency could be a factor, as the presence of disease may only be
revealed decades after exposure. Furthermore, there appears to be no
record of external peer review by an organisation outside the one
conducting the study.”
This
dishonest and insincere approach of the asbestos companies and DGFASLI
demonstrates "their pre-existing ideological commitment to support
corporate interests over worker or community interests." The Supreme
Court in Writ Petition (Civil) No.206 of 1986 had given the following
directions on January 27, 1995. It reads: “All the industries are
directed
(1) To maintain
and keep maintaining the health record of every worker up to a minimum
period of 40 years from the beginning of the employment or 15 years
after retirement or cessation of the employment whichever is later;
(2)
The Membrane Filter test, to detect asbestos fibre should be adopted by
all the factories or establishments at par with the Metalliferrous
Mines Regulations, 1961; and Vienna Convention and Rules issued
thereunder;
(3) All the
factories whether covered by the Employees State Insurance Act or
Workmen's Compensation Act or otherwise are directed to compulsorily
insure health coverage to every worker;
(4)
The Union and the State Governments are directed to review the
standards of permissible exposure limit value of fibre/cc in tune with
the international standards reducing the permissible content as prayed
in the writ petition referred to at the beginning. The review shall be
continued after every 10 yews and also as an when the I.L.O. gives
directions in this behalf consistent with its recommendations or any
Conventions;
(5) The
Union and all the State Governments are directed to consider inclusion
of such of those small scale factory or factories or industries to
protect health hazards of the worker engaged in the manufacture of
asbestos or its ancillary produce;
(6)
The appropriate Inspector of Factories in particular of the State of
Gujarat, is directed to send all the workers, examined by the concerned
ESI hospital, for re-examination by the National Institute of
Occupational Health to detect whether all or any of them are suffering
from asbestosis. In case of the positive Ending that all or any of them
ant suffering from the occupational health hazards, each such worker
shall be entitled to compensation in a sum of rupees one lakh payable by
the concerned factory or industry or establishment within a period of
three months from the date of certification by the National Institute of
Occupational Health."
The
members of the India's Asbestos Fiber Cement Product Manufacturers
Association have not been complying with these directions of the Supreme
Court. They are trying to mislead the Tribunal by withholding the full
text of the landmark judgement of the Supreme Court which has recognised
right to health as part of fundamental right to health.
The
word "Asbestos" has become so notorious that Asbestos Cement Products
Manufacturers Association has changed its name to hide the word
"Asbestos". Now it calls itself "Fiber Cement Product Manufacturers
Association"! But in their naked lust for profit they will have present
and future generations of Indians and residents in India including the
foreign embassies and foreign visitors whose countries have banned all
kinds of asbestos, that foreign asbestos is “safe”.
Significantly,
in Writ Petition (Civil). No. 14729 (W) of 2016, the Division Bench of
Acting Chief Justice Nishita Mhatre and Justice Tapabrata Chakraborty
has passed the verdict observing, “The High Court main building is
undergoing repairs with the assistance of the Public Works Department
(PWD) of the Government of West Bengal and other Authorities. When the
entire renovation is undertaken, it is expected that the High Court and
the PWD or, any other body entrusted with the renovation will ensure
that the asbestos-sheets, which have been used for roofing, would be
replaced by any other materials which are non-carcinogenic.”
Calcutta
High Court has recorded that “there is sufficient study material
indicating that asbestos sheets used for roofing could cause cancer” and
“various documents, issued by the World Health Organization (WHO), and
other materials obtained from the Internet, that the exposure to
asbestos including chrysotile causes lung cancer, mesothelioma and
asbestosis.” It was contended by the petitioner that “the High Court
should not continue to use these materials for roofing, especially after
legislation in different parts of the world has been enacted on
recognizing the potential health risk of asbestos to the citizens at
large. Even in India several Acts recognized the fact that asbestos is a
health-hazard.
In a related development, Indian Railways is removing asbestos roofs from 7,364 railway stations all over India. But instead of learning from this positive step, Stores/North Eastern Railway, Gorakhpur has invited tenders (Tender Reference Number: 28240783) for the supply of Compressed Asbestos Fiber Jointing Sheet (3.2 mm thick, conforming to IS:2712/1998 GR 0.1, oil-resistant, 1500-1800 mm long). North Eastern Railway, Gorakhpur should learn from Railways Ministry;s Research Designs & Standards Organisation (RDSO), the research and development and railway technical specification development organisation which functions as a technical adviser and consultant to the Railway Board, the Zonal Railways, the Railway Production Units, RITES, RailTel and Ircon International in respect of design and standardization of railway equipment and problems related to railway construction, operations and maintenance. In April 2001, RDSO developed new kinds of asbestos-free composite materials for use in brake blocks. These are known as the 'L' type brake blocks and after being introduced for BG, were introduced on MG in 2005.
Notably, the government of India has banned mining of all kinds of asbestos due to its harmful effect on human health.
The
Asbestos Fiber Cement Product Manufacturers Association will have
media, legislatures and courts and residents of India believe that
Indian asbestos is unsafe, hazardous, poisonous and harmful but asbestos
from Russia, Brazil, Kazakhstan and China is safe, non-hazardous,
non-poisonous and harm free.
India
is the world’s largest asbestos importer and consumer. As per United
States Geological Survey, India used 408,000t in 2021 and 424,000t in
2022. As per Government of India, India imported 436,119t in 2021 and
403,292t in 2022. Indian Minerals Year Book reveals that although India
banned mining of all kinds of asbestos including chrysotile asbestos due
to its harmful health effect but it continues to import it from China
besides Russia, Kazakhstan and Brazil unmindful of the fact that
Brazilian court has banned its use in Brazil.
It
has been estimated that one person dies from mesothelioma for every 170
tons of asbestos consumed. WHO estimates we have107,000 deaths
worldwide per year from occupational exposure to asbestos.If non
occupational exposure is added it reaches a figure of about
120,000deaths. Average world consumption/year 30-60 years ago was --
looks like 3/2 of what it is now (2 million metric tons/year). Give
India its share of that based on its share of global consumption. At
300,000 tons in 2013, that's about 18,000 deaths (15% of 120,000).
Asbestos diseases have a very long incubation period. So if you are
exposed today to an asbestos fibre, you are likely to get the disease in
next 10-35 years.
It as
been estimated by a Canadian jurist that approximately 50, 000 people
die every year due to asbestos related cancer. But so far Government of
India and state governments has failed to take a pro-people’s health
position and a scientific stand on the import of chrysotile asbestos
whose mining is technically banned in India. It is a matter of fact that
health is a state subject.
Asbestos is like a time bomb to the lungs and Indians will suffer the most. If
it is banned today that does not mean people will not suffer. Because
of past usage people will continue to suffer from these diseases.
The
Asbestos Fiber Cement Product Manufacturers Association will have all
Indians believe that the governmental patronage they are enjoying is not
linked to their donations to ruling parties under Section 182 of the
Companies Act, 2013.
Since
2002 BANI’s work is dedicated to the implementation of the Court’s
directions and the recommendations of ILO and WHO to prevent preventable
diseases and preventable deaths by prevention of asbestos trade,
manufacture and use. It demands revision of the provisions of the
Factories Act, 1948 which declare manufacture, handling and processing
of Asbestos and its products as Hazardous Process but do not impose ban
on manufacture, handling and processing of asbestos and asbestos based
products. It seeks amendment in the Schedule XIV, Section 87 of the
Factories Act which deals Dangerous Operation of “Handling and
Processing of Asbestos, Manufacture of any Article or Substance of
Asbestos and any other Process of Manufacture or otherwise in which
Asbestos is used in any Form’ to ensure that India supports listing of
chrysotile asbestos under list of hazardous substances as per UN’s
Rotterdam Convention.
BANI
demands cancellation of all the environmental clearances and No
Objection Certificates given to asbestos based factories and ban on all
asbestos based products. It seeks legal and medical relief for the
victims of incurable asbestos related diseases caused by primary and
secondary exposure. It wants asbestos free schools and hospitals,
asbestos free powder, asbestos free water supply pipes and asbestos free
vehicles. It demands decontamination of all the public and private
buildings including foreign embassies which are ridden with asbestos
fibers. The decision making with regard to asbestos must be shifted from
the commerce ministry, a promoter of trade in asbestos, to the health
ministry, a regulator of health hazards. The latter must be empowered to
ensure that it gives precedence to public health.
In such a context, there is an urgent to take note of:
-Calcutta High Court’s verdict drawing on Supreme Court's verdict of 1995 by the bench of Justice K. Ramaswamy, Chief Justice A. M. Ahmadi and Justice M.M. Punchhi;
-WHO's publication dated September 27, 2024 refers to the World Health Assembly Resolution 58.22 on cancer prevention urges Member States to pay special attention to cancers for which avoidable exposure is a factor, including exposure to chemicals at the workplace and in the environment. Eliminating asbestos-related diseases is particularly targeted at countries still using chrysotile asbestos, in addition to assistance in relation to exposures arising from historical use of all forms of asbestos. WHO, in collaboration with the International Labour Organization and other intergovernmental organizations and civil society, works with countries towards elimination of asbestos-related diseases by: recognizing that the most efficient way to eliminate asbestos-related diseases is to stop the use of all types of asbestos; providing information about solutions for replacing asbestos with safer substitutes and developing economic and technological mechanisms to stimulate its replacement;taking measures to prevent exposure to asbestos in place and during asbestos removal (abatement);improving early diagnosis, treatment, and rehabilitation services for asbestos-related diseases; establishing registries of people with past and/or current exposures to asbestos and organizing medical surveillance of exposed workers; and providing information on the hazards associated with asbestos-containing materials and products, and by raising awareness that waste containing asbestos should be treated as hazardous waste;
-Need
to announce the compensation package for present and future victims of
asbestos diseases as it has done in the case of Silicosis and make the
asbestos companies criminally liable for knowingly exposing citizens and
consumers of asbestos products;
-The
fact that every international health agency of repute including the
World Health Organization, the International Labor Organization,
International Agency for Research on Cancer, Occupational Safety and
Health Administration, National Institute for Occupational Safety and
Health, and the American Cancer Society agree there is no safe level of
asbestos exposure. Most recently, the International Agency for Research
on Cancer (IARC) reconfirmed that all commercial asbestos fibers -
including chrysotile, the most commercially used form of asbestos -
cause lung cancer and mesothelioma. In addition, IARC newly confirmed
that there is sufficient evidence that asbestos causes ovarian cancer
and reconfirmed asbestos causes laryngeal cancer;
-The
World Health Organisation estimates that asbestos already claims
107,000 lives a year. Even that conservative estimate means every five
minutes around the clock a person dies of asbestos related disease. The
ongoing use of the asbestos fibre kills at least 300 people every day;
-World
Bank's Asbestos Good Practice Guidelines-These Guidelines, as well as
its earlier Environmental, Health & Safety General Guidelines,
require that the use of asbestos must be avoided in new construction in
projects funded by the World Bank around the world. The Guidelines also
provide information on available safer alternatives to asbestos;
-Human
biology is same everywhere if the asbestos is deemed hazardous in the
developed countries; it must be deemed so in West Bengal too.
There
is abundance of incontrovertible adverse health effects asbestos based
plants and products which create a compelling logic for the phase out of
all kinds of asbestos including white chrysotile to protect the lives
of present and future generations.
