Make India Asbestos Free

Make India Asbestos Free
For Asbestos Free India

Journal of Ban Asbestos Network of India (BANI). Asbestos Free India campaign of BANI is inspired by trade union movement and right to health campaign. BANI has been working since 2000. It works with peoples movements, doctors, researchers and activists besides trade unions, human rights, environmental, consumer and public health groups. BANI demands criminal liability for companies and medico-legal remedy for victims. Editor: Dr. G. Krishna, Advocate

Wednesday, February 12, 2025

Complaint filed in National Human Rights Commission for complete stoppage of ongoing exposure of Indians to carcinogenic asbestos fibers

A complaint was filed on January 27, 2025 in the National Human Rights Commission (NHRC) for prevention of continuous exposure to carcinogenic asbestos fibers from abandoned asbestos mines. The complaint is addressed to Justice V. Ramasubramanian, the new chairperson, NHRC drawing on Commission’s order dated May 6, 2024, and its mandate to save environment and health. 

The complainant drew the attention of the NHRC towards a paper entitled "Understanding exposure risk using soil testing and GIS around an abandoned asbestos mine" published in Annals of Global Health, a journal by Ubiquity Press Ltd, London on January 22, 2025. The paper has been authored by Abhijeet V. Jadhav, Nilesh Gawde, Ramesh Veerapan, Yeyong Choi and Arthur L. Frank. The paper has found that out of 16 soil samples from residential areas, 12 residential areas around the abandoned asbestos mines are a potential source of environmental contamination and exposure for nearby residents at Birsingh Hatu, Roro, Singijari and Tilaisud villages of West Singhbhum district, Roro Hills, Jharkhand. The asbestos exposure risk persists even after the cessation of mining activity. The paper is available at https://annalsofglobalhealth.org/articles/4624/files/67909e12a0727.pdf 

The study showed the presence of white chrysotile asbestos. The asbestos-containing areas had enlarged by around 20% over the years. It has concluded that "The evidence indicated the presence of asbestos in the soil of nearby residential areas around the mine, and this contamination has spread over the years. Similar studies at other mine locations are needed, and timely interventions are warranted to protect nearby residents." There was an asbestos mine that was operational from 1963 to 1983. The total population of these four villages was 2454 according to the 2011 census. The paper implies that the entire population of these four villages are exposed to asbestos in the soil. It has been established that contaminated soil is exposing people while doing routine activities.  

In the light of the findings of the paper, the National Mineral Policy, 2019 and the ‘Final Mine Closure Plan’ manual, 2022, there is an urgent need to ensure scientific and environmentally sound closure of the asbestos mine and disposal of hazardous asbestos waste (dust and fibres) to safeguard the life and health of villagers living in the vicinity of an old abandoned asbestos mine from exposure to carcinogenic fibres of asbestos.

It has been estimated that one person dies from mesothelioma for every 170 tons of asbestos consumed. WHO estimates we have 107,000 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 asbestos fibre, you are likely to get the disease in the next 10-35 years. 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.

In this backdrop, the following documents are quite relevant:

1. Calcutta High Court’s verdict dated July 21, 2017 in Writ Petition (Civil). No. 14729 (W) of 2016, by the Division Bench of Acting Chief Justice Nishita Mhatre and Justice Tapabrata Chakraborty in Ashis Mitra vs. The State of West Bengal and Others drawing on Supreme Court's verdict of January 27, 1995 in Consumer Education and Research Center and Others Vs. Union of India & Others by the Bench of Justice K. Ramaswamy, Chief Justice A. M. Ahmadi and Justice M.M. Punchhi; 

2.  World Health Organisation (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;

3. 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;

4. Asian Development Bank (ADB)'s Good Practice Guidance for the Management and Control of Asbestos: Protecting Workplaces and Communities from Asbestos Exposure Risks, March 2022

5. Asbestos: Medical and Legal Aspects (2005), Barry I. Castleman, Stephen L. Berger,  Alphen aan den Rijn, Netherlands

The complaint pointed out that human biology is the same everywhere if asbestos is deemed hazardous in the developed countries; it must be deemed so in India as well.  There is an 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.

Given the fact that there were 30 functional asbestos mines in India till 2001 and several asbestos mines were operational till 2014 in Rajasthan, Andhra Pradesh, and Jharkhand, the complainant has asked the Commission to recommend study of the presence of asbestos, its spread, and exposure in nearby communities around such abandoned mines by the authors of the paper and Asbestos: Medical and Legal Aspects, and to recommend measures to protect citizens who are exposed to carcinogenic fibres.

It has sought Commission's urgent intervention to recommend complete stoppage of ongoing exposure of Indians to carcinogenic asbestos fibers.

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