ToxicsWatch
Alliance (TWA)
To
Smt.
Anandiben Mafatbhai Patel
Chief
Minister
Government
of Gujarat
Gandhinagar
Date:
July 15, 2014
Through
Chief Secretary, Government of Gujarat
Subject- Request for judicial inquiry into the ongoing death and injury of migrant workers on Alang beach, Bhavnagar, Gujarat
Madam,
With reference to letter dated 15th July, 2014 Reference No.
5(2)/2012-MF, Union Ministry of Steel, Government of India (GOI) on the subject
of “Migrant workers death and injury remains routine affair on Alang beach
Bhavnagar, Gujarat” and the Minutes of the 17th meeting of the
Inter-Ministerial Committee (IMC) on Ship breaking held on June 24, 2014, this is to draw your urgent attention
towards the tragic deaths and injury of migrant workers on Alang beach,
Bhavnagar, Gujarat on June 28, 2014 due to the accidents that took place at the
Alang ship-breaking yard in plot number 140 while dismantling ship named PERIN
and ship named MSC Socotra on Plot 41 respectively. This letter was sent to me
in response to my letter dated 4.7.2014
addressed to Union Minister for Mines, Steel and Labour & Employment.
The GOI’s
letter states “Police has filed criminal complaint under IPC Section 304 and
114 against occupiers, manager, safety officer and safety supervisor” in the
matter of accident of June 28, 2014 in which several workers died and several were
injured. On
March 11, 2014 too, there were tragic deaths in Plot No. 20 at Gujarat's Alang
beach in Bhavnagar. It is high time guilty officials and ship breakers
are made accountable.
I
submit that the recent inspection Supreme Court constituted Inter-Ministerial
Committee (IMC) on Shipbreaking team took note of non-existent environmental
and occupational health infrastructure for the umpteenth time since 2004. It is
sad that recommendations of IMC from 2004 to 2014 onwards have not been
implemented.
I submit that after each accident and
death of workers, inquiry is ordered but their report remains classified and no
action has been taken. It is not clear whether these migrant workers are
adequately compensated in case of injury and death. Government should reveal
how they have dealt with the death of these workers and how their families have
been compensated and what steps have been taken to prevent loss of human lives
due to inhuman lust of ship breakers and global shipping companies for profit.
I
submit that GOI’s letter informs that “Ship breaking yards fall in the category
of ‘factories’ covered under Factories Act 1948 which is administered by the
Ministry of Labour/State Governments. Therefore,
ship-breaking yards being factories are not within the legal and administrative
control of the Ministry of Steel. Alang
–Sosiya Shipbreaking yard is under the
control of Government of Gujarat. If the State Government considers it
expedient, it can order inquiry by competent person as per Section 90 of the Factories Act, 1948.
Powers to order the judicial inquiry vests with the State Government.”
In view of the recent deaths and injury
and ongoing deaths and accidents since 1984, I seek your immediate intervention
to ensure a judicial inquiry into the matter. It has been officially admitted
by the Office of the Director Industrial Safety & Health, Government of
Gujarat that fatal accidents has been going on since 1984 without any legal
remedy.
I submit that information on No. of
deaths related to ship breaking activity at Alang-Sosiya Ship Breaking
Yard, No. of prosecutions, status of prosecutions and no. of plots closed due
to violation of the Factories Act since 1983 to 2013 provided by the Office of
the Director Industrial Safety & Health, Government of Gujarat (No./DISH /
E-Complaint /2014/ 219) reveals that such accidents have been going on since
1984 without any legal remedy. The information is as under:
|
Sr. No.
|
Year
|
No. of Deaths
|
No .of
Prosecutions
|
Status of
Prosecution
|
Closures u/s
40(2)
|
|
|
|
No. of
Factories
|
No. of days closed
|
||||||
|
1.
|
1983
|
0
|
0
|
Not decided
|
0
|
0
|
|
|
2.
|
1984
|
15
|
54
|
Not decided
|
0
|
0
|
|
|
3.
|
1985
|
5
|
9
|
Not decided
|
0
|
0
|
|
|
4.
|
1986
|
13
|
76
|
Not decided
|
0
|
0
|
|
|
5.
|
1987
|
7
|
25
|
Not decided
|
0
|
0
|
|
|
6.
|
1988
|
2
|
3
|
Not decided
|
0
|
0
|
|
|
7.
|
1989
|
12
|
6
|
Not decided
|
0
|
0
|
|
|
8.
|
1990
|
8
|
1
|
Not decided
|
0
|
0
|
|
|
9.
|
1991
|
10
|
7
|
Not decided
|
0
|
0
|
|
|
10.
|
1992
|
12
|
3
|
Not decided
|
0
|
0
|
|
|
11.
|
1993
|
16
|
3
|
Not decided
|
0
|
0
|
|
|
12.
|
1994
|
28
|
13
|
Not decided
|
0
|
0
|
|
|
13.
|
1995
|
29
|
7
|
Not decided
|
0
|
0
|
|
|
14.
|
1996
|
28
|
15
|
Not decided
|
0
|
0
|
|
|
15.
|
1997
|
51
|
23
|
Not decided
|
2
|
38
|
|
|
16.
|
1998
|
27
|
13
|
Not decided
|
2
|
17
|
|
|
17.
|
1999
|
29
|
20
|
Not decided
|
1
|
2
|
|
|
18.
|
2000
|
27
|
26
|
31
|
0
|
0
|
|
|
19.
|
2001
|
8
|
12
|
9
|
3
|
22
|
|
|
20.
|
2002
|
19
|
41
|
Not decided
|
1
|
14
|
|
|
21.
|
2003
|
25
|
9
|
5
|
3
|
59
|
|
|
22.
|
2004
|
5
|
6
|
6
|
0
|
0
|
|
|
23.
|
2005
|
4
|
3
|
Not decided
|
0
|
0
|
|
|
24.
|
2006
|
5
|
12
|
1
|
1
|
6
|
|
|
25.
|
2007
|
6
|
6
|
Not decided
|
0
|
0
|
|
|
26.
|
2008
|
0
|
0
|
0
|
0
|
0
|
|
|
27.
|
2009
|
14
|
8
|
5
|
0
|
0
|
|
|
28.
|
2010
|
21
|
17
|
15
|
0
|
0
|
|
|
29.
|
2011
|
7
|
6
|
34
|
0
|
0
|
|
|
30.
|
2012
|
17
|
9
|
4
|
1
|
46
|
|
|
31.
|
2013
|
10
|
27
|
36
|
0
|
0
|
|
I
submit that “Fire Incident at Alang Ship Breaking Yard” reported by Director
Industrial Safety and Health, Government of Gujarat available at http://www.dish.gujarat.gov.in/Portal/News/71_2_Alang-Accident.pdf
and the deaths on June 28, 2014 underline that the accident and death on Alang
beach is a regular phenomenon.
I
submit that it is quite outrageous that Gujarat Maritime Board (Conditions and
Procedures for Granting Permission for Utilising Ship Recycling Plots)
Regulation, 2006 [referred to as "Ship Recycling Regulations, 2006] has
not been revised in the light of Hon'ble Supreme Court's order and the
recommendations of Hon'ble Court's Inter-Ministerial Committee and Hon'ble
Court's Committee. This is required for compliance
with the directions of the Hon’ble Court in writ petition no. 657 of year 1995,
in which I was an applicant.
In pursuance of the Hon’ble Court order dated 14 th October, 2003, and at the request of Ministry of Environment and Forest, Ministry of Steel set up an Inter-Ministerial Committee (IMC) vide order dated 12 -01-2004 followed by an addendum order dated 20-4-2004 under the Chairmanship of Additional Secretary and FA with members of Ministry of Shipping, Ministry of Environment and Forests (MOEF), Ministry of Labour, Gujarat Maritime Board (GMB), Central Pollution Control Board (CPCB) and others for the implementation of Court’s orders and other related functions.
I submit that so far, IMC has held seventeen meetings on 5-2-2004
, 11-6-2004, 19-1-2005, 28-6-2005, 1-02-2006, 21-9-2006, 17-1-2007 & 9-8-2007 , 28-2-2008, 4-2-2009, 5-10-2009, 17-09-2010 , 08-07-2011 ,28-02-2012 , 18-10-2012 , 01-10-2013 & 24-06-2014 ; coopted
members of other organizations; discussed various issues pertaining to ship
breaking industries and issued a large number of directions in line with the
Hon’ble Court’s orders. It is noteworthy that GPCB and GMB and other concerned
agencies have failed to comply with the directions of the IMC.
I
submit that the dismantling of end-of-life ships from ship owning developed is
underway in violation of the Hon'ble Court's order which had directed that no
foreign end-of-life ship can Indian waters without prior decontamination by the
country of export. The end-of-life ships have scrap steel, mechanical
parts and other valuable equipment that are recycled or refurbished for use in
other industries. These ships contain an array of hazardous materials, such as
asbestos, polychlorinated biphenyls (PCBs) and waste oils, which, according to
the Basel Convention, can have serious implications for the environment and
human life in general and migrant workers in particular. It is turning
Bhavnagar into a landfill city of the world because landfill after landfill is
getting filled with foreign hazardous waste.
I wish to submit that as per the
Minutes of the 17th meeting of the Inter-Ministerial Committee (IMC) on Ship
breaking held on June 24, 2014 under Chairmanship of Shri Vinod Kumar Thakral,
Additional Secretary and Financial Adviser, Ministry of Steel & Chairman,
IMC on Ship Breaking reveals that it dwelt on the issue of "Safety of
workers." In the minutes it is recorded that “The representative of GMB stated that DISH has uploaded the
report of the accident in their website. For ensuring the safety of
shipbreaking workers at Alang GMB has identified a list of common hazards that
are likely to cause work related injuries, ill health disease and deaths among
the labours. The list has been circulated amongst DISH, DGFASLI, SRIA and GPCB.
In this case, DISH will provide Standard Operating Procedure (SOP) to prevent
accidents. However the SOP is still awaited from the DISH. Representative of
D.G. Shipping suggested total quality management systems for safety of workers
could be adopted and periodical safety audit will ensure strict compliance of
the same.
It
was decided that DISH will make available the SOP to GMB within one month’s time.
GMB will issue necessary instructions for implementation of SOP in shipbreaking
activities and conduct periodical third party audit of shipbreaking yards for
ensuring compliance.” Similar stances of sincerity were expressed on earlier
occasions since 1984 but to no avail.
I
wish to submit that the Minutes of the 16th meeting of the Inter-Ministerial
Committee (IMC) on Ship breaking held on 1-10-2013 at Gandhinagar, Gujarat convened
by Chairman, IMC on Ship Breaking reveals that it also dwelt on the issue of
"Safety of workers." The minutes states that “The IMC was informed
that the accident at Plot No. 82, killing 7 persons occurred due to presence of
oil and its vapour in the pipeline of the ship, while cutting the oil pipe
flanged with LPG gas cutting equipment. DISH has revoked the competency
certificate of the person who issued the certificate. The office of the Deputy
Director Industrial Safety and Health, Alang has issued prohibitory order under
Section 40 (2) of the Factories Act to prohibit ship breaking till oil in the
pipe line is completely cleaned and a fresh the certificate is obtained from
the competent person. The factory owner has complied with the conditions of the
prohibitory order and therefore the prohibition was lifted by the Director,
Industrial Safety and Health on 23.11.2012. Prosecution for the violation of
Rule 68-H (13) (a) of Gujarat Factories Rules, 1963 (as amended in 1995) made
under the Factories Act regarding allowing hot work on pipeline carrying oil
and its vapour while ship breaking by the occupier is filed in the court of law
against the occupier. Details of the PF related benefits paid to families of
the deceased employees were also placed before the IMC need to be examined from
adequacy angle. Chairman, IMC enquired whether criminal prosecution was
launched against people who were responsible for loss of life in this accident.
GMB may provide details in the next meeting. DISH was asked to place the report
of action taken in respect of the accident on the website of GMB and prepare
Standard Operating Procedures (SOP) for preventing such incident in
future." In recent times such concerns have been raised at least since 2004
when IMC convened its first meeting.
I
submit that as per Hon'ble Supreme Court judgment dated September 6, 2007 in
Writ Petition (Civil) no. 657 of 1995, District Collector, Bhavnagar has to
ensure that dismantling takes place as per a dismantling in keeping with its
directions. Sources have revealed that in disregard to Court's order so far the
District Collector has chosen not to be associated with the dismantling
process. Such non-compliance is unpardonable but appears routine.
I
submit that monitoring agencies like Gujarat Maritime Board, Gujarat Pollution
Control Board, Department of Industry and Department of Labour ought to be made
accountable with exemplary compensation to set matters right.
In
the context of these deaths there is a need to ensure that no deaths happen in
future by re-opening the old cases of occupational deaths on the Alang beach to
set matters right. Those plots which are more accident prone than mines must be
closed with immediate effect. The migrant workers deserve both medical and
legal remedy besides just compensation.
I
submit that it has not come to light as to what has Government done to ensure
justice to the workers and what steps have been initiated to ensure that such
accidents and deaths do not happen in future. These migrant casual workers live
and work in a slave like condition.
I
submit that the ongoing deaths of migrant workers from Uttar Pradesh, Bihar,
Jharkhand and Odisha on Alang beach, Bhavnagar, Gujarat keep coming to light
but nothing has been done to arrest these preventable deaths. This is part
of a pattern since 1984 that is crying for your attention because Alang has
become the graveyard of workers and toxic ships by externalizing human and
environmental cost.
I
submit that in its last order dated July 30, 2012, Supreme Court directed,
"the concerned authorities shall strictly comply with the norms laid down
in the (UN) Basel Convention (on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal) or any other subsequent provisions that
may be adopted by the Central Government in aid of a clean and pollution-free
maritime environment, before permitting entry of any vessel suspected to be
carrying toxic and hazardous material into Indian territorial waters.”
I
submit that these repeated accidents since the order of the Hon’ble Court illustrate
that Court's order has not been violated with impunity.
It
germane to submit that most of the end-of-life ships are entering Indians
waters on fake documents and false declarations. This creates a compelling
logic to get the papers of the end-of-life ships examined by the judicial
commission to unearth the nexus between officials, the ship owners, cash buyers
and ship breakers of dubious credentials to protect our maritime and security interest.
I
submit that the fate of Alang coast which is the worst coastal beach in the
world merits your attention.
In
view of the above, I seek your urgent intervention to constitute a commission
for judicial inquiry to examine why Alang beach has turned into the graveyard
of migrant workers and one of the most environmentally destructive, dangerous
and degrading places in the world to recommend measures to ensure environmental
and occupational health justice to the migrants workers and to save the life
and health of migrant workers and local communities from the hazardous
industrial activities on the beach.
Thanking
You
Yours
faithfully
Gopal Krishna
ToxicsWatch Alliance (TWA)
Mb: 09818089660, 08227816731
E-mail:gopalkrishna1715@gmail.com
Web:www.toxicswatch.org
Cc
Chief Secretary, Government of Gujarat
Shri
Saurabh Patel, Minister, Labour and Employment, Government of Gujarat
Shri
Hemant Soren, Chief Minister, Jharkhand
Shri
Jitan Ram Manjhi, Chief Minister, Bihar
Shri Naveen
Patnaik, Chief Minister, Odisha
Shri
Akhilesh Yadav, Chief Minister, Uttar Pradesh
Secretary, Union Ministry of Commerce
& Industry
Secretary, Union Ministry of Shipping
Secretary, Union Ministry of Environment & Forests
Secretary, Union Ministry of Steel
Secretary, Union Ministry of Shipping
Secretary, Union Ministry of Environment & Forests
Secretary, Union Ministry of Steel
Secretary, Union Ministry of Labour
Chairman, Atomic Energy Regulatory
Board, Mumbai
Director, HSMD, Union Minister of Environment & Forests
Member Secretary, Gujarat Pollution Control Board (GPCB)
Chairman, GPCB
Chairman, Gujarat Maritime Board
Shri C A Joseph, Under Secretary, MF Desk, Union Ministry of Steel
Collector, Bhavnagar District
Superintendent of Police, Bhavnagar District
Director, HSMD, Union Minister of Environment & Forests
Member Secretary, Gujarat Pollution Control Board (GPCB)
Chairman, GPCB
Chairman, Gujarat Maritime Board
Shri C A Joseph, Under Secretary, MF Desk, Union Ministry of Steel
Collector, Bhavnagar District
Superintendent of Police, Bhavnagar District
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