To
Shri Subhash Sharma,
Principal Secretary
Department of Labour
Government of Bihar
Patna
August 8, 2013
Subject-Bhojpur’s Asbestos factories in violation
of Supreme Court order dated January 27, 1995 in Asbestos Case
Sir,
This is to inform you that even as the doctor of Ramco
asbestos company’s factory continues to refuse to share the heath records of workers
with them, the strike by workers in Bhojpur’s Bihiya has entered 7th
day amidst demand for the closure of killer asbestos factory as it poses threat
to villagers in its vicinity. Earlier also the
workers of these factories were on strike on July 30, 2012 demanding medical
attention. This was communicated by Block Development Officer, Bihiya, Bhojpur
on August 1, 2012 to Sub Divisional Officer, Jagdishpur, Bhojpur. The
workers are again on strike for the last 7 days.
In contempt of Supreme Court’s order dated January
27, 1995, the company is not maintaining and maintaining the health record of
every worker, not conducting Membrane Filter test to detect asbestos fibre and
not insuring health coverage to every worker. It is reliably learnt that the
company’s doctor Dr Radhey Shyam Singh is not even qualified in occupational
health to undertake these tasks.
I submit that the
company should be asked for a list of workers employed in the factory, their health
records and the qualification of the doctor assigned to undertake their health
checkup.
In Bhojpur’s Bihiya, the two plants have been set
up with a 120,000 MT/Annum capacity of Asbestos Cement Sheet Plant and 2 00000
MT/Annum capacity of Asbestos Grinding Plant. The total project area is 20
acres and land is allotted by the state government on lease for 90 years. In
the minutes dated May 10, 2010, Experts Appraisal Committee (EAC), Industrial
Projects made explicit reference to “Health Management Plan for Mesothalimoa,
Lung cancer and Asbestosis related problems in asbestos industries”.
The plants
have been established by Tamil Nadu based Ramco Industries Ltd. The second plant at Bihiya does not seem to have the
clearance or consent to establish still it is operating. The legal status
of the second plant at the same site with a 2 Lakh MT/Annum Capacity of Cement
Grinding Plant remains questionable.
I
submit
that in an ongoing case in the Patna High Court all three plants of
asbestos plants
of Bhojpur including the one at Giddha, Koilwar are being cited to
challenge
State Government’s cancellation of asbestos based factory in Vaishali.
The matter will be heard again on 13th of August, 2013 in the Civil Writ Jurisdiction Case No.9064 of 2013.
I submit that Utkal Asbestos Limited (UAL) which is operating an asbestos factory at Giddha, Koilwar, Bhojpur too is not complying with the Hon’ble Court’s order. The plant’s location behind a B Ed College is a constant threat to human health. It may be noted that District Magistrate, Bhojpur has undertaken a probe of this factory along with a team of district administration in compliance of orders from the State Government.
He was informed that the factory is running with conducting any public hearing. In June 2013 a worker was crushed to death in this very factory. The District Magistrate, Bhojpur undertook a visit to the plant against the backdrop of this incident. The company should be asked for a list of workers employed in the factory, their health records and name and qualification of the doctor assigned to undertake their health checkup.
I submit that the attached order of the Hon’ble
Supreme Court 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 establish- ments 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.”
I submit that the last direction creates a
logical compulsion for Inspector of Factories of the State of Bihar to get the
workers of Bihiya based asbestos factory examined for asbestos related diseases
and ensure enhanced and just compensation for them.
I wish to draw your attention towards the fact
sheet of World Health Organization (WHO) available on asbestos:http://www.who.int/mediacentre/factsheets/fs343/en/index.html
It re-iterates that the most efficient way to eliminate asbestos-related
diseases is to stop the use of all types of asbestos and specifically states
that its strategy is particularly targeted at countries still using chrysotile
asbestos. The factsheet notes that “more than 107 000 people die each year from
asbestos-related lung cancer, mesothelioma and asbestosis resulting from
occupational exposure.”
I submit that in compliance of the Hon’ble Court’s
order the work of WHO and International Labour Organization (ILO) must be taken
cognisance of by Bihar Government in its efforts 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
and by providing information about solutions for replacing asbestos with safer
substitutes and developing economic and technological mechanisms to stimulate
its replacement.” The relevant ILO resolution and WHO document is attached.
I submit that the
concept paper by Union Ministry of Labour presented at the 5th India-EU Joint
Seminar on “Occupational Safety and Health” saying "The Government of
India is considering the ban on use of chrysotile asbestos in India to protect
the workers and the general population against primary and secondary exposure
to Chrysotile form of Asbestos." It has noted that "Asbestosis is yet
another occupational disease of the Lungs which is on an increase under similar
circumstances warranting concerted efforts of all stake holders to evolve
strategies to curb this menace". The paper is attached and is available
here: http://labour.nic.in/upload/
It may be noted that Supreme Court’s judgment of
January 27, 1995 in the Writ Petition (Civil) No. 206 of 1986 refers to the
book of Dr Castleman, at paragraph 18, reads: “In Asbestos Medical and Legal Aspects by Barry I. Castleman at p.10
had stated that Dr. Merewether following the diagnosis by Homburter in his
coincidence of Primary Carcinoma at the Lungs and Pulmonary Asbestos 1943
stated that fibrosis of the lungs as it occurs among asbestos workers as the slow
growth of fibrous tissue (scar tissue) between the air cells of the lungs
whenever the inhaled dust comes to rest. While new fibrous tissue is being laid
down like a spider's web that deposited earlier gradually contract. This
fibrous tissue is not only useless as a substitute for the air cells, but with
continued inhalation of the causative dust, by its invasion of new territory
and consolidation of that already occupied, it gradually, and literally
strangles the essential tissues of the lungs.”
I submit that in
compliance with the Hon’ble Court’s order Union Ministry of Labour &
Employment has constituted an Advisory Committee to implement the order.
It may be recalled that Justice (Retd) Rekha
Kumari, Patna High Court has advised that companies which willfully expose
human beings to cancer causing fibers of asbestos must be
made criminally liable because right to health is part of right to life as per
Hon’ble Supreme Court’s order in her attached
lecture on December 24, 2012 at A N Sinha Institute of Social Studies,
Patna. Shri Awadesh Narain Singh, Chairman, Bihar Legislative Council on
December 24, 2012 contended that “buying asbestos is buying
akin to buying cancer. I will get asbestos removed from
my residence” at this very conference. He added, “the ache of asbestos
hazards is worse than the ache of unemployment.” The video documentation of his
speech is available on www.youtube.com.
I submit that asbestos based plants have already
been stopped by the villagers of Muzaffarpur and Vaishali. Human biology is
same everywhere, how can same thing be deemed poisonous and hazardous in one
district and non-poisonous and non- hazardous in Bhojpur.
It may be noted that Chairperson,
Bihar State Pollution Control Board (BSPCB) has cancelled the consent to
establish given to West Bengal based Utkal Asbestos Company in Vaisahli. This
was undertaken as a follow up of instruction from the Hon’ble Chief Minister
dated February 13, 2013. Its
cancellation order is attached.
I am an applicant in
the related matter in the National Human Rights Commission (NHRC)
seeking environmental and occupational health justice for the workers,
their families and consumers who are becoming victims of incurable asbestos related diseases
In view of the above,
I wish to request you to urgently intervene in the matter of ongoing strike in
Bhojpur’s plants in Bihiya to ensure that workers’ health is protected and to ensure
compliance of Hon’ble Court’s order at Gidhha based plant as well.
Thanking You
Yours Sincerely
Gopal Krishna
Occupational Health India (OHI)
ToxicsWatch Alliance (TWA)
E-mail: gopalkrishna1715@
Web: www.toxicswatch.org
Cc
Dr. Mrutyunjay Sarangi, Secretary, Union Ministry of Labour
Shri Anup Chandra Pandey Chairman, Advisory Committee on Asbestos, Union
Ministry of Labour
Dr. R.B. Raidas, Dy.Director General, Directorate General, Factory
Advice and Labour Institutes (DGFASLI)
Dr Vyasji Mishra, Principal Secretary, Health, Government of Bihar
Dr. V.M. Katoch, Secretary, Department of Health Research & Director
General Indian Council of Medical Research (ICMR), Union Ministry of
Health & Family Welfare
Prof. Subhash Chandra Singh, Chairman, Bihar State Pollution Control
Board
Dr. G.K. Rath, Head of Department of Radio Oncology, All India Institute
of Medical Sciences (AIIMS)
Shri, Suresh Kumar Sinha, Labour Commissioner, Department of Labour, Government of Bihar Shri Abhimanyu Sharma, Lawyer, Patna High Court
