Jananeethi Report 1 NGIL Pollution

Jananeethi Report 1 NGIL Pollution

Facts Finding Team from Jananeethi Institute

1. Advocate George Pulikuthiyil, M.A, LL B, B.Th, B.Ph.

Executive Director, Jananeethi & Jananeethi Institute, Thrissur, Kerala, India.

2. Dr.Gigi Joseph, Ph D

Lecturer, Dept. of Zoology, St.Thomas College, Ranni, Kerala

3. Dr.George Mathen, MV Sc

Professor (retd), Animal Nutrition; Veterinary College , KAU & Jananeethi, Kerala, India

4. Er. Paul Joseph Kattookaren

FIE, Chartered Engineer & Surveyor, Jananeethi, Kerala, India.

5. Prof. N.N.Gokuldas, M Sc

Professor (retd), Dept. of Biology, Sree Krishna College, Guruvayoor, Kerala, India.

6. Advocate P.Pramod, LL M

District Court, Thrissur; Member, Director Board, Jananeethi, Kerala, India.

7. Advocate P.Sunilkumar, LL M

Law Officer, Jananeethi Institute, Thrissur, Kerala, India

8. Mr. Ajayakumar Melveetil, B.A.

Photography & Documentation

Technical Advice :

1. Dr.Francis Xavier, Ph D

Professor & Head, CBF, Thumburmuzhy; KAU, Kerala; Jananeethi Institute & Member IUCN, SSC

2. Dr.Davaki Girija, Ph D

Professor, Centre for Plant Bio-technology & Molecular Biology; KAU, Kerala, India.

Scientific Analysis of samples conducted by:

Dr.P.Sureshkumar, Ph D

Professor & Principal Investigator, RTL, KAU, Kerala, India.

At the Radiotracer Laboratory, College of Horticulture,

Kerala Agricultural University, Thrissur, Kerala 680656, India.

Technical assistance by

Mr.Suresh Babu, Jananeethi Institute, Thrissur

Ms.Bhadra R.Menon, Christ Law School, Bangalore

Mr.Balu M.Nair, National University of Juridical Sciences, W.B.

For Correspondence

JANANEETHI INSTITUTE, P.B. No. 8, Mannuthy P.O., Thrissur – 680651, Kerala, India.

Tel: 91-487-2373479; Fax: 91-487-2373281, Email: gpneethi@sancharnet.in; geopuli@gmail.com

Web : http://www.jananeethi.org

Acknowledgement

This study was under taken and the report is being published in public

interest only.

Jananeethi Institute places on record its sincere thanks to:

The Team Members – for their time, efforts, and above all their good

will to collaborate with a noble and worthwhile social intervention at

a critical juncture.

The NGIL Management – for permitting us to visit the factory and

explaining to us the process of manufacturing ossein and its byproducts,

its wastes management systems, and for their hospitality

on 13.3.2010.

The Members of the Action Council and several community members -

whom we visited and exchanged views and concerns, for their

co operation and assistance.

Shri. K.R.Viswambaran, the Honourable Vice Chancellor of Kerala

Agricultural University for his encouragements and practical advice.

Dr.P.Sureshkumar and his colleagues, of the Radiotracer Laboratory,

Kerala Agricultural University for the scientific analysis of samples.

The staff of St.Mary’s offset Press, Thrissur 680005 for page making

and layout.

The Executive members and office staff of Jananeethi Institute for

their painstaking hard efforts and personal sacrifices.

This report is dedicated to the PEOPLE OF KATHIKUDAM who live at

the other end of the pipeline leading to a total disaster, for their

enduring resistance and persistent protests against a devastating

industrial fiasco.

Jananeethi Institute, Thrissur.

June 25, 2010

Contents

1. Introduction - 5

2. NGIL Versus Action Council - 8

3. What did Jananeethi Team feel, notice and experience - 14

4. Scientific Analysis of Samples: Results & Interpretations - 22

5. Observation - 32

6. Violations of Law, Civil Rights and Ethical Standards - 36

7 Recomendations - 40

8. Conclusion - 41

Figures - 43

Annexures

Anex - 1 : Request letter by NGIL to KAU - 51

Anex - 1 (a) : Results of analysis of samples given by NGIL - 53

Anex - 1 (b) : Analysis report of compost sample given by KAU - 54

Anex- 2 : Order of Munsiff’s Court, Irinjalakuda - 55

Anex - 2 (a) : Show cause notice by Secretary, Kadukutty Panchayat to NGIL - 61

Anex - 2 (b) : Stop memo notice by Kadukutty Panchayat to NGIL- 63

Anex - 2 (c) : High Court Order in WP (C) No. 20891of 2009 - 64

Anex - 2 (d) : Notice by Kadukutty Panchayat to NGIL - 67

Anex - 3 : Reply letter from ministry of Health to Panampilly Jayadevan - 71

Anex- 3 (a) : Notice by KSPCB to NGIL - 72

Anex -4 : Replay letter by ‘Niyamasabha’ Secretary to Secretary, CPMVS - 74

Anex- 5 : Replay letter by KSIDC to Adv. Hema of Jananeethi - 77

Anex - 5 (a) : Replay letter by KSIDC to Adv. Hema of Jananeethi - 78

Anex - 6 : Report of Board Analyst, KSPCB - 79

Anex- 7 : Preliminary Report by Expert Commitee - 81

Anex - 8 : Press Release by NGIL - 86

Anex - 9 : Letter from MoEF - 87

Anex -10 : History of NGIL’s Pollution - 88

Anex - 11 : Important Judgements by Supreme Court - 90

Anex - 12 : Orgnisational profile of Jananeethi - 92

Jananeethi Report 5 NGIL Pollution

I. Introduction

Jananeethi was approached in 1996 by a group of people from Kathikudam complaining

against industrial pollution of Kerala Chemicals and Proteins Limited (KCPL was later christened

as Nitta Gelatin India Limited - NGIL) and exploring the chances of a Public Interest Litigation.

The matter apparently was serious and calling for urgent legal action. Papers were prepared

for a Writ Petition in the High Court of Kerala. However, the de facto petitioners did not turn

up thereafter; hence petition was not moved. Later, it was informed that the petitioners

were influenced by the polluter company and were given berth in the company.

The problems, however, persisted. Physical survival was not possible due to the vicious

circumstances. People everywhere were grumbling. Abject social vulnerability and

overwhelming fear of the consequences prevented them from making formal complaints

against the company. Finally, an Action Council was formed on 23rd March 2008. The devastating

pollution and its vicissitudes got to light thereon. No one can ignore the several excruciating

issues of fundamental rights, the people raise before any investigating body:

Kathikudam to Kalakudam*

a pipeline distance to disaster

“We do not inherit the planet from our ancestors

but borrow it from our children”

American Proverb

* Kalakudam - most dangerous form of poison in Puranas

Jananeethi Report 6 NGIL Pollution

_ There are colossal attacks on people’s right to live, to a clean & safe

environment as life with dignity will not be possible without a healthy and

human environment.

_ The company takes from Chalakkudy river 62, 90,200 liters (as per company,

but people allege it is twenty million liters) of water per day, with out any

sanction/permission from any one, what-so-ever.

_ An equal amount of untreated effluents per day is being discharged to

Chalakkudy River endangering survival of thousands of humans, animals and

vegetations.

_ The local (Kadukutty) panchayat was never approached by NGIL for

permission to draw water from Chalakkudy River or to discharge highly

polluted effluents to the river.

_ Well water in the surrounding areas of NGIL has become unfit for domestic

use. Water in streams and open wells cannot be used even for irrigation

purposes.

_ There is horrendous air pollution forcing people leave their homes and

livelihood. There is social exclusion as relatives and friends avoid visiting

families here because of air and water pollution; marriages are difficult as

parents do not wish to send their daughters to Kathikudam for obvious

reasons.

_ The sludge transported to different parts of Thrissur and neighbouring

districts for land filling has caused enormous harm to those places, polluting

the soil and inviting health problems to people and live stock.

_ The sludge is sold to farmers and small peasants fraudulently making them

believe that it is manure of high quality for agriculture.

_ The company claims that their compost has been certified as non-hazardous

by Ministry of Environment and Forests, and the Kerala Agricultural University.

_ The people living in the premises of the company suffer various kinds of

illness like incidence of respiratory problems, asthma, skin diseases, head

ache and stomach pain.

_ The wells and paddy fields in the surrounding areas of NGIL have become

defunct, as in the earlier years of the company, solid waste produced by

the company was deposited within the factory compound by digging 15 feet

deep trenches, consequently contaminating soil, underground water sources

and other water bodies.

The Kerala Chemicals and Proteins Limited, established in April 1975, was renamed as Nitta

Gelatin India Limited (NGIL) in June 2008. Why? The management of the company would

Jananeethi Report 7 NGIL Pollution

answer that it was to catch better attention in the international market. Does it sound

sensible? Why should we feel ashamed of our identity? There is nothing that can not be

compromised for our rulers. And that, of course, is shameful.

Every instance of environmental catastrophe reminds the callousness, if not corruption, of

the ruling government, both at the centre and the state. It also exposes the rampant corruption

and criminal conspiracy of the political leadership or bureaucrats in respective departments/

ministries. Further it tells upon the insensitivity or blissful ignorance of the civil society. The

world’s worst ever industrial disaster in Bhopal or the devastating environmental havoc caused

by Coca Cola at Plachimada etc. would not have happened, if the democratically elected

government had abided by their Constitutional mandate or were accountable to the electorate.

If another industrial casuality happens at Kathikudam, we wish it does not, we all should be

held responsible for what we have left undone.

In this era of open global market economy, hazardous industries are playing a decisive role in

the economic development and in the advancement of the economy, but simultaneously they

are causing the problem of risk to human life and environment. The question before us is –

should we wait for a catastrophe to happen? Does the society at large under a democratic

political regime has any role to check and control the unethical practices by the profitoriented

corporates? This study undertaken by Jananeethi Institute is justified and has great

significance under these circumstances. This is a humble service by a group of volunteers

who have no other interest, but for the deep felt concerns for the deteriorating environment

by the advent of giant multi-national business houses that are the re-incarnation of those

who invaded in the past our legacies and resources.

In matters of public interest and environmental safety Jananeethi Institute has strong views

and obviously, clear positions. The assertions and statements in this report, therefore, must

be understood in that context. To be honest, Jananeethi does not intend to hurt or defame

any body, but would dare to call a spade a spade if it matters for the dissonance of those who

pollute earth and its resources for unlawful gains.

A human being is part of the whole, called by us “Universe,” a part limited in time

and space. He experiences himself, his thoughts and feelings as something

separated from the rest - a kind of optical delusion of his consciousness. This

delusion is a kind of prison for us, restricting us to our personal desires and to

affection for a few persons nearest to us. Our task must be to free ourselves from

this prison by widening our circle of compassion to embrace all living creatures

and the whole [of] nature in its beauty. Albert Einstein, 1950

Jananeethi Report 8 NGIL Pollution

II. NGIL versus Action Council

A. What does the NGIL say?

_ The company was set up in 1975 in the joint sector by M/s Kerala State Industrial

Development Corporation (KSIDC) and Nitta Gelatin Inc., Japan.

_ It started commercial production in 1979. It produces / manufactures Gelatin, Collagen

Peptide, Ossein and Di Calcium Phosphate.

_ We provide employment to more than 350 people.

_ We are exporting our products to Japan and earn foreign exchange to the tune of Rs 100

crores every year.

Diplay board at the entrance of NGIL

Jananeethi Report 9 NGIL Pollution

_ The company is committed to improving the quality of the society.

_ Periodically we review our business activities in order to ensure our environmental

policies are working properly.

_ We continually improve the way we use natural resources and energy as well as look

for new ways to reduce waste disposal.

_ We ensure a safe and healthy environment in respect of the local community

_ There is strict adherence to all environmental laws and policies.

_ We conduct in-house educational training to enhance employees’ environmental awareness

and welcome feedback to further improve our policies.

_ Our main raw material is crushed animal bones (of cattle and buffaloes) from North India

by 14 dedicated suppliers. Sorry, we can not disclose their names and their sources.

_ We have enhanced the capacity of the affluent treatment plant in 1992.

_ Our bio-fertilizer has been certified by Dr.Pathiyoor Gopinathan, a senior professor of

Kerala Agricultural University and FACT, Kalamasserry.

_ We comply with all applicable legal / regulatory and other environment requirements.

The Environmental Policy is displayed in our website for the public.

_ We develop eco-friendly practices for waste disposal.

_ The Ministry of Environment and Forest has categorically declared that our sludge is nonhazardous.

_ All court cases against the company were decided in our favour only.

_ We are discharging only treated fresh water to the river and we meticulously comply with

all parameters specified by Kerala State Pollution Control Board.

_ The final discharge point of the company is 500 meters down stream from the pumping

point of the irrigation pump house and hence there is no chance of irrigation water

getting polluted by discharged water.

The Executive Director and General Manager of NGIL interacting with the Team

Jananeethi Report 10 NGIL Pollution

_ We have a full fledged effluent treatment plant, designed by experts, investing huge

amounts and that it undergoes periodical upgradation.

_ The sludge from effluents is filtered and converted to compost and is widely used as

good manure for cash crops.

_ Our compost is marketed through several outlets like Meenachil (Joshi Cherian of

Meenachil), Jeevamil, (Kanjirappilly), Safe Agro Inputs & Consultancy (Vazhakkulam),

and Omega, (Pollcahi).

_ There is proper surveillance system prevailing in company to check any abnormality in

matter of effluent discharge round the clock.

_ We have been following this strict discipline since the inception of the company.

_ The Action Council members have criminal backgrounds. Their agitation outside the

company is politically motivated.

_ The local Panchayat unnecessarily harass the company and its President has hidden agenda.

B. How does the Action Council look at the problem?

_ Company started polluting the air, water and soil of Kathikudam from 1979

_ Company employed only 112 persons against the promise of employing one thousand

people.

_ There are two motors of 60HP each installed in Chalakkudy River by the company without

Office of the Action Council

Jananeethi Report 11 NGIL Pollution

any sanction of the local panchayat. One of them is working for 24 hours and 7 days a

week. Thus, approximately 20 million litres of water per day is being taken from the river

and it has been continuously going on for last 31 years. This huge exploitation of our

natural resources by the company is a continuous violation of the Panchayati Raj rules

since the company has not yet approached the statutory bodies for formal sanction of

Team discusses with Action Council

Team interacts with local inhabitants

Jananeethi Report 12 NGIL Pollution

using such quantity of water. There is also huge financial loss to the panchayat.

_ The company uses per day 130 tons of crushed animal bones, 1,20,000 liters of hydrochloric

acid, and 20 tons of lime. It also uses ferric chloride, alum, caustic soda and other

unknown chemicals.

_ There is storing capacity of 960 tons of hydrochloric acid without any precautionary

measures for disaster management.

_ Solid waste (sludge) was heaped in the company compound, and later used for filling up

inside the company compound. Consequently the soil, surface water, ground water tables

– all got contaminated.

_ Effluents have been discharged to Chalakkudy River without proper treatment.

_ Chalakkudy River is the source of water for drinking, domestic use and irrigation of

thousands of families in Chalakkudy and Kodungallur municipalities, and Mala, Poyya,

Kuzhur, Annamanada, Puthenchira, Vellangallur, Vynthala, Puthenvelikkara and Mambra-

Chettikkunnu panchayats.

_ Treatment plants are not properly maintained, are dilapidated and inadequate to meet

the requirements.

_ There is large quantity of deposits of chloride in water, hence well water is unfit for

domestic use or even for irrigation. More than 40% of wells in the local areas have thus

become defunct.

_ Water in near-by streams and canals has been grossly polluted, found not good for irrigation;

few farmers got compensation from the company for that reason.

_ The treatment plant installed in the company premises does not have mechanism for

separating chloride from solid and liquid wastes.

_ The company has betrayed the farmers by marketing its highly hazardous sludge as compost

manure of good quality. The company claims that a senior professor of Kerala Agricultural

University has certified its compost. In consideration of this favour, the nephew of the

said professor was appointed in the company. The company has also collected certification

to its compost from certain private agencies in and around Ernakulam whose credentials

are unknown.

_ There are 2000 families (around 10,000 people) directly affected by the company.

_ There are several health problems, children being worst affected, meted out to the

people living in the surrounding areas. People are forced to spend huge amounts of family

income for medication and hospitalization.

_ Children are shifted to houses of relatives on the advice of doctors as children can not

withstand the foul smell from the company compound. Relatives and friends avoid visiting

our houses only because of the disgusting smell in the air and dirty water. Our boys can

Jananeethi Report 13 NGIL Pollution

not get brides from other areas as parents do not wish to send their daughters to

Kathikudam, only because of pollution by this company.

_ There are several cancer patients in and around the company, some of them are still

working in the company. However, they were compelled to witness against themselves

while doctors from Thrissur medical college made a survey. The one who refused to

admit of any illness has been taking treatment for cancer at Amrita Medical College,

Ernakulam with the financial support of the company itself.

_ The company used to dump its sludge at Muthalamada in Palakkad district for filling

lands. This was done through a contractor of the company and without paying heed to

the objections by the local people. And, now there are cases pending against the

company at Muthalamada police station.

_ The attempt of the company to transport sludge to Pollachi in Tamilnadu under the

guise of manure was foiled at the check post of Kerala border and was returned. It was

deposited at Mampra near Koratty. Later, the local residents lodged complaints at the

police station and the police have asked the company to remove the sludge forthwith.

_ The company resorted to dirty politics in splitting the members of the Action Council

from 1996 till date. They exploited the vulnerability of the people, offered jobs to

leaders of the peoples’ agitations and implicated others in criminal cases, campaigned

against the Action Council members as if they were Maoists and created strong mafia

within the company staff/workers to ‘deal’ with members of Action Council.

One of the first laws against air pollution came in 1300 when King Edward I

decreed the death penalty for burning of coal. At least one execution for

that offense is recorded. But economics triumphed over health

considerations, and air pollution became an appalling problem in England.

Glenn T. Seaborg,

Jananeethi Report 14 NGIL Pollution

III. What did Jananeethi Team feel,

notice and experience

As part of this study, Jananeethi team visited Kathikudam on 13.03.2010, and

21.03.2010. The first visit was informed to the NGIL well in advance, and we had

obtained permission to visit the company and its installations. However, the company

was not aware of our second visit. On both occasions, we had extensive talks with

local inhabitants and members of the Action Council.

13.03.2010:

_ Reached Kathikudam at 10.30 am and stayed there till 5.30 pm on the same day.

_ A dirty smell welcomed us before any one else while we were reaching the location.

However, it was bearable though some of us after a while experienced head ache and

chest congestion and rashes at elbows. But, going inside the corridors, work area and

the compound of the company was a real test for us. The smell was terrible and repugnant

at the plant and storage area of raw materials.

_ The company officials including the Executive Director (HR & GA) and General Manager

(Ossein Division) welcomed us gracefully and in profound hospitality.

_ The GM explained with help of power point presentation the process and work

arrangement of the company including steps taken after 2008 for waste management.

_ The management evaded or was unable to answer to several of our questions (Ex.

Permission to draw water from and discharge treated water to Chalakkudy river,

permission to lay underground concrete pipeline to the river, certification by Kerala

Agricultural University to the manure, the sources of crushed animal bones and the

names of its suppliers, copy of directions given by Pollution Control Board for improving

the treatment plant, copy of the Environment Impact Assessment (EIA) report etc.)

They promised that all required documents would be made available within a week.

Jananeethi Report 15 NGIL Pollution

But later, they flatly refused to part with them.

_ Photography was not allowed inside the company compound.

_ Except a few previously designated employees, all other workers/employees of the

company were reluctant to talk to us, rather the company officials had planned this

visit in such a way that we did not meet any one else.

_ There was one worker whose name is Francis. He was specially tutored by the officials

to help us by collecting samples of effluents, sludge, soil etc. No one else was allowed

to do these services. Finally, in order to impress us that the treated water, being

discharged to the river, was really clear and pure, Francis took the water in a mug and

drank it. Yes, he did it without any one of us asking for it. He, rather, was trained and

was directed to do so at the end of our visit. (We feel sorry for Mr.Francis. It was clear

that it was not his choice, but someone’s design).

_ The company produces 8.77 MT Ossein, 4.30 MT Limed Ossein, and 41.84 MT Di Calcium

Phosphate per day. Process recovery generates dry bone meal 2.4 MT, sniews 2.5 MT,

wet bone meal 2.25 MT and animal fat 1000 kg per day.

_ Company consumes large volumes of water from Chalakkudy River without permission

from any authentic source. There are different interpretations regarding quantity of

water being used in the company a day. The company was not able to give a clear answer.

People logically arrived at 20 million liters, assuming a motor of 60HP working for 24

hours can draw that much of water from the river.

_ There is discharge almost the same volume of effluent into the river. This may be polluting

river water and there are thousands of families depending on the river for their drinking,

domestic use and irrigation purposes.

_ The effluent, emitting fumes, has a strong foul smell. Apparently the workers are not

provided with any safety measures to protect them from occupational hazards.

_ Company says that the waste

is handled scientifically. The

floccular overflow pH is

monitored. Daily testing of pH

of effluents, SS and COD and

BOD of effluents are

ascertained and analyzed and

log sheets maintained by a

single engineer. A bacterial

intervention is also introduced

in treating the waste.

Huge concrete pipe carrying effluents to Chalakkudy River

Jananeethi Report 16 NGIL Pollution

_ It is quite evident

that the company

compound has

been raised

c o n s i d e r a b l y

considerably by

filling the land

with sludge. (This

is one of the main

complaint by the

local people). This

area is now

covered with fresh

soil from

elsewhere. Large

slices of carpet

grass are being brought in and are spread over the compound. It will render the compound

a cosmetic look and no one knows that heavy quantities of sludge is underneath the

greenish surface. We feel there is reason for people complaining about leaking of effluents

through cracks on the compound wall of the company. The company compound is presently

at a higher plane and the erstwhile paddy fields around the compound wall is laying low.

Paddy could not be cultivated any more due to heavy presence of sludge in the land.

_ The sludge, reported to have a pH of 12 (as per FACT analysis) is being converted into

compost, with ash, poultry manure and waste from ayurvedic enterprises.

_ Since the bone is initially treated with HCl, which is a known source of lead and other

heavy metals, there is a possibility of sludge and effluent water containing heavy metals.

_ While we were in the company trucks were being dispatched with hazardous effluent

sludge. The destination of the trucks was not disclosed to us. As per law, hazardous waste

shall not be transported along national highways without proper security arrangements.

NGIL does not comply with it. The company has publicly admitted by a display board at

the entrance that they produce oil and grease that are admittedly hazardous. However,

it does not disclose how and where the oil and grease thus produced are disposed of.

_ The waste material (sludge) is given to private parties like Meenachil agencies, where it

is mixed with ayurvedic factory waste, coir pith, poultry litter etc. and sold is out at a

price of Rs.15 per kg to farmers who dump the hazardous waste assuming that it is an

organic manure of high nutritive value

_ No proper analysis of sludge or effluent is being done periodically by an approved agency.

Certificates of various unknown private agencies/institutions are profusely used to market

the ‘compost’.

Effluent water being treated in the company

Jananeethi Report 17 NGIL Pollution

_ The damage the company does to the

nature and livestock of this land is

huge; whereas its contribution to the

development of the society is

comparatively very low or meager.

_ There is no continuous monitoring for

the intake quantity and quality of

water, incorporated with the plant.

Other than few pH digital meter, could

not locate any data logger fitted. So

also, no means to check the quantity

and quality of treated water discharged

to the river.

_ In the initial project of the plant, there was no waste water management system effectively

implemented. Few up-gradations, however, were found as later improvements, may be

due to strong directions from the Pollution Control Board. There is no reliable data

available to verify this.

_ The dried and crushed animal bone stored in the storage area develops foul smell in the

surroundings, inside and outside factory. This foul odour is very uncomfortable. The

company claims that crushed animal bones are made available from north India by 14

“dedicated” and “confidential” suppliers. In north India, there is ban on cow slaughter.

Then, how is possible to collect such large quantity of cattle bones every day without a

Effluent compost, marketed under trade name of ‘MEENACHIL’

Collagen Peptide - another product of NGIL

Jananeethi Report 18 NGIL Pollution

break?! Since bones are crushed in small pieces, there is no way to check whether they

really are of cattle and not of humans or other animals like dogs, pigs or wild animals.

The company claims that they search for teeth in the raw materials once in a month or so

to ascertain that human cadaver is not included. No methodology is existing here to

check the pathogens especially at the wake of Bovine Spongiform Encephalitis, Anthrax,

Rabies and other dreadful zoonotic diseases.

_ The plant and machineries were found outdated and apparently no constant up-gradation

was effected. The major portion of the machinery was found not energy efficient. The

controls and monitoring are inadequate. The advantages/benefits of having a Japanese

partner were nowhere visible.

_ The Industrial and Occupational safety standards are not complied effectively. Local

body (factories & boilers) requirements are barely met.

_ This Plant was started and commissioned without considering waste management. The

life expectancy of the plant is very near, unless regular and constant up-gradation to

energy efficient plant and equipments takes place.

_ The sludge sold as biofertilizer does not have any scientific, statutory authentification

or documentary mandate.

_ The labourers in the plant do not have sufficient devices which assure protection which

is to be viewed as a gross violation of human rights. The foul smell, dust and acid vapour

content if any, must be hazardous and fatal.

_ The Action Council or the people whom we met on the day did not raise the need of

Effluent compost heaped in the company compound

Jananeethi Report 19 NGIL Pollution

closing down the company. They only

insisted that there should be full proof

of pollution free air, water and soil.

If pollution can not be checked

completely, then to save the people

and environment, unpleasant actions

will have to be resorted to.

_ The streams and canals in the

premises were badly affected in

appearance. Those who were

collecting samples from streams and

paddy fields happened to wet their

hands and fingers. They had itches and burning sensations and body discomfort. There

were rashes and colour change on skin at neck, angles and elbows.

_ We found a large concrete pipe laid under ground, through private lands and paddy fields,

from the company compound to the middle of the Chalakkudy River with a length of

nearly 1000 meters. There was an open man hole in the pipe at the bank of the river and

it let out nauseating smell. The Google satellite picture (Fig 1) explains spillage from the

concrete effluent pipe.

_ Why this large concrete effluent pipe was taken to the middle of the river underneath

the ground? This raises many questions. In Chaliayar (in Calicut) where the effluent pipe

from Grasim Industry was disposing effluents openly and it was quite visible. May be,

NGIL did not want the public or the concerned officers to see what’s been disposed of

into the river! Who did authorize the NGIL to let loose large volumes of effluents into the

middle of the river in a hidden manner? Obviously, the company had no mandate from any

statutory body, nor had they applied for permission to any authority.

_ People complained of continuous harassment and frivolous police cases against those

involved in the agitations at the behest of the company. They said, the company takes

extra efforts to impress government, police and the public that the agitating members of

the Action Council are Naxals and Maoists.

21.03.2010:

_ Pungent and putrified odour was awful, not only in the company premises. We could

feel if from a distance while traveling to the location.

_ There was spilling of sludge into the Chalakkudy River from a crack in the concrete

pipe, around 10 meters above the discharge point. The colour of the spilled water

was black and irritating pungent smell.

Gelatin Sample

Jananeethi Report 20 NGIL Pollution

_ Large quantity of sludge was floating on water around the discharge point in the

centre of the Chalakkudy River.

_ When stirred in the water with a pole, intense foul smell was generated and the

water was turned to black.

_ There was huge conglomeration of floating water hyacinth (Eichhomia crassipes –

Kulavazha in vernacular) around that area. Nowhere else in the river its presence was

detected. Visibility of floating sludge is obstructed due to the presence of water

hyacinth. The local people said, the company management had deliberately placed

this plant in that part of the river. Remember, this floating acquatic plant is known for

its ability to absorb heavy metals.

_ Presence of sludge was found at 200 meters and 500 meters down stream from the

discharge point.

_ The houses on the north of the company compound wall are badly hit by pollution by

the company. Their wells are not any more usable. The well water is visibly dirty,

disgustingly smelling and sludge film was floating all over well waters.

_ The people living in that area are having several health problems, especially asthma

and skin diseases. Infant babies wake up from sleep and start screaming wildly and

incessantly as they experience

breathing troubles.

Nightmares exist in homes as

no one could sleep as the

whole family gets disturbed

due to child’s restlessness.

_ It was so sad and distressing

that poor people are not

allowed to disclose their

illness. A person who is still an

employee of the company but

suffering from cancer for a

while persistently refused to

accept that he is ill. But

records show that he has been

taking treatment for cancer.

The company that financially

supports him has strictly

barred him not to disclose the

truth to any one.

Team collecting samples at discharge point in Chalakkudy River

Jananeethi Report 21 NGIL Pollution

_ The company has walled around

the compound, has filled the

compound with sludge. The

wall is morethan 8 feet high and

therefore operation inside the

wall cannot be seen from the

outside. during the monsoon,

people complain there is

leakage of effluents through

the wall contaminating water

and soil in the adjoining lands.

_ The company staff/workers

who noticed our presence

outside the compound wall (at

around 4.00pm only) started abusing us and threatening of dire consequences. That

scene was not spared by our photographer.

_ The last person to be interviewed on the day was Mr.Shaju Joseph Thelakkatt who

lives on the south-west of the company compound. Mr.Shaju was the leader of Action

Council against pollutions of the company and he together with his late father Joseph

had initiated several court cases against the NGIL (KCPL) in the 1990s. Mr.Shaju is

presently the employee of the company. Hence an interview with him was essential.

While we were entering the house of Shaju, an errant group of around 15 to 20 strong

men on several motor bikes rushed in violent mood and started verbally abusing us.

Shaju tried to calm them, but they were full of wrath and venom. They created

violent scenes for more than 30 minutes. Later, a phone call to the General Manager

of the company made it clear that the goons were assigned to the job by himself

(perhaps, he was not aware that it was Jananeethi team again.)

_ Our information about the unlawful, unethical and manipulative styles of the company

management in dealing with critics and dissidents got confirmed when we came to

know that the management had in the mean time made thorough field investigations

regarding professional and personal engagements and relationships of the Jananeethi

team members.

_ The company uses several strategies to suppress the people’s agitation. Money power,

nexus with mafia and political leadership, undue influence in the police, support

from government secretaries etc make them become ‘anti-people’.

_ The management has totally failed to establish communication with people. Hostility

has been built up on personal egos. No step was initiated by the company for a

healthy dialogue with the people.

Compound wall of the company

Jananeethi Report 22 NGIL Pollution

IV. Scientific Analysis of Samples:

Results & Interpretations

The samples from the company premises were collected in sterilized bottles as per scientific

protocol in the presence of the company officials including the Executive Director and General

Manager. The samples from other locations were collected as per norms in the presence of

large number of people who are victims of pollution. The samples were scientifically analyzed

at the Radiotracer Laboratory of the Kerala Agricultural University.

Samples for lab tests:

Water samples:

i) Drinking water samples (well water)

ii) Water from farmers’ field

iii) Ossein wash

iv) Tertiary overflow

v) Effluent

vi) River water

vi) Irrigation water – sample from Perumthode

Sludge

Compost

Soil

Water and effluent samples were tested for their suitability for drinking and irrigation purposes.

Carbonates and bicarbonates were detected. Tests were run for assessing the content of

chloride, copper, iron, zinc, magnesium, manganese calcium, sodium, potassium and heavy

metals. Sodium adsorption ratio (SAR) and Residual sodium carbonate (RSC) were detected

for all samples.

Jananeethi Report 23 NGIL Pollution

Soil, sludge and compost samples were tested for pH, conductivity, organic C, available P

and K, Ca, Mg, S, Cu, Zn, Fe, Mn and heavy metals (cadmium, lead, nickel, chromium).

Results and interpretations:

Water samples

i) Well water:

All the samples recorded acidic pH (5.06 to 5.83). Calcium levels are high in all samples (2.56

to 4.86 me/l), making it unsafe for irrigation. Maximum levels of calcium were recorded in

samples from the wells of Mr Lijo Mathew (4.86me/l). The well water samples were safe for

irrigation with respect to RSC value, which indicates bicarbonate level. Only one sample

from the well of Mr. Xavier recorded moderately unsafe value (1.54 me/l). Two samples were

tested for lead and nickel levels. In case of lead, one was safe for irrigation but unsafe for

drinking. With respect to nickel, both samples were safe for irrigation, not for drinking.

With regard to other parameters tested, all were within the safe limits.

ii) Water from banana and paddy fields:

The water samples collected from banana and paddy fields also recorded a low pH (5.84 to

5.86). The calcium content was high (21.32 and 186.3 me/l), indicating that it is not safe for

irrigation. All other parameters were within the permissible limits.

iii) Ossein wash:

The sample was slightly acidic with a pH of 6.01. Calcium level was high (184.9me/l , making

it unsafe for irrigation. The most striking feature of ossein wash was the presence of heavy

metals like cadmium (0.063mg/l), lead (15.5 mg/l) and nickel (0.216 mg/l). These values indicate

the non-suitability of this for drinking purpose. The level of lead is so high that it is not even

suitable for irrigation.

iv) Tertiary overflow:

The sample is slightly acidic, with high calcium content (179.7me/l), which indicates that it is

unsuitable for irrigation purposes.

v) Effluent:

The calcium level is very high (184.92 to 198.6me/l), indicating that it is unsafe for irrigation.

All other values are in the permissible range.

Jananeethi Report 24 NGIL Pollution

vi) River water:

Samples were collected from 300m upstream, two discharge points and 200m downstream.

Analysis revealed that calcium level was high in all samples, including upstream. The

heavy metal nickel was observed at the discharge point (0.124%; unsafe for drinking).

vii) Irrigation water:

The irrigation water collected from Perumthanni river is not safe for irrigation because

of the high calcium level (19.6me/l).

The pH of the soil or irrigation water is a valuable diagnostic measurement. The normal pH of

water should be between a range of 6.5 to 8.5 in surface water and 6 to 8.5 in ground water.

All the water samples collected for testing were acidic. When acidification occurs, topsoil is

affected first. As the concentration of hydrogen ions in water or in a soil solution increases,

hydrogen becomes more active and the soil or water becomes more acidic; conversely, as the

concentration of hydrogen ions decreases the soil or water becomes more alkaline. Irrigation

water with a high pH indicates the potential for the precipitation of calcium carbonate. Lime

is abundantly used in this plant. The Ossein wash and the water from tertiary overflow was

slightly acidic, where as the final outlet for effluents, inside the factory compound and the

samples from the out let at Chalakkudy River basin were near neutral. The samples of water

collected from Perumthode, the irrigation canal, and 200m down stream showed near neutral

pH (6.27 and 6.58 respectively). All the wells in the near vicinity of the factory had slightly

acidic water (5 to 5.12). The pH of water determines the solubility (amount that can be

dissolved in the water) and biological availability (amount that can be utilized by aquatic

life) of chemical constituents such as nutrients (phosphorus, nitrogen, and carbon) and heavy

metals (lead, copper, cadmium, etc.). The drinking water source in the vicinity of the factory

has become acidic.

The Banana garden maintained by the factory inside their compound with water in the channels

showed higher calcium (186.3me/l ) level. The high calcium level from the lime used in the

plant, reveals that the water is not safe for irrigation. Water samples with high levels of

manganese is not safe for drinking purpose. Manganese toxicity occur mainly in the respiratory

tract and in the brains. Symptoms of manganese poisoning are hallucinations, forgetfulness

and nerve damage. Manganese can also cause Parkinson, lung embolism and bronchitis. A

syndrome that is caused by manganese has symptoms such as schizophrenia, dullness, weak

muscles, headaches and insomnia. But the small irrigation channels in banana garden and its

water is not used for drinking purpose but can reach the nearby river or can reach the wells.

The water sample from the paddy land where the effluent pipe had burst also showed higher

levels of calcium making it not suitable for irrigation as per standards. Copper, zinc and Iron

Jananeethi Report 25 NGIL Pollution

could not be detected in the paddy land sample where as inside the factory compound the

samples had copper and zinc (0.001 and 0.006 respectively) but it remained at the safer

level. SAR and RSC showed that the water is safe for irrigation.

The “Ossein wash effluent which was slightly acidic, but possessed very high calcium in it and

hence it is not safe for irrigation. But the factory is again passing this effluent through a very

old system of purification with obsolete and low volume tanks. Probably these systems need

urgent remodeling and installations with larger quantity intake and modern methodology

and technology. The calcium used in the process leaches into the vicinity and makes the agro

zone water, not safe for irrigation; this is an infringement into the rights of the farming

community around the hamlet. Interestingly the samples collected by us from inside the

factory effluent outlets showed the presence of heavy metals (lead, nickel and cadmium).

This is an alarming pollution scenario. Since the effluent is drained out through long pipes

which may be dilapidated and over used; leaching and pollution of the area may be suspected.

The level of Lead in the water sample (15.5mg/l) makes it unsuitable for irrigation purpose or

drinking. While the Jananeethi team was making the site visit we were shocked to see that

one worker of NGIL drank the effluent water in order to impress the team that the effluent

was safe. Rather than showing the safety of effluent water, the poor worker was enacting a

high strung drama orchestrated by the management. This was a shock to the team. The

effluent water though appearing clear without much turbidity or colour change; is now found

to be a “decoction” of heavy metals. Compelling workers to show allegiance (servitude?) to

their ‘masters’ in times of public controversy may be a crafty and manipulative strategy of

the company management to hide its disastrous misdemeanors. We deem it our conscientious

duty to record that it is grossly unethical and blatant violation of all norms of legal and

ethical standards and further, the NGIL management contradicts its tall claims for

environmental concerns as stated in their website.

Ironically, any visitor to the company office will be delighted to read, “Nitta Gelatin strives

to conduct environmentally safe manufacturing practices to protect the earth from

pollution.” and Conduct in-house educational training to enhance employees environmental

awareness and welcome feedback to further improve our policies”. This huge board remains

there as the manifested symbol of corporate hypocrisy and criminal conspiracy of NGIL, and

a Himalayan lie, flouting every principle of public accountability and business ethics. Should

we take for granted that the top officials of NGIL including senior IAS officers of the State

Government are ignorant of WHO’s guidelines for quality of drinking water? The Geneva

Guidelines of (WHO) 1993 has categorically spelled out that heavy metal pollution in water is

a serious and dangerous situation.

Lead can enter (drinking) water through corrosive and dilapidated pipes and through

Jananeethi Report 26 NGIL Pollution

lackadaisical handling of sludge. Lead contaminating water is likely to happen when the

water is slightly acidic which is true at Kathikudam. The water in Kathikudam area is slightly

acidic and hence presence of lead becomes a serious issue. Public water treatment systems

are now required to carry out pH-adjustments in water that will serve drinking purposes. As

far as we know, lead fulfils no essential function in the human body, it can do sheer harm.

Scientific studies prove that lead in our body system can disrupt biosynthesis of haemoglobin

leading to anaemia. Hypertension, kidney damage, nervous disorders, miscarriages, maleinfertility,

diminished learning ability in children and many behavioural disorders may happen

due to Lead pollution. Lead can enter a foetus through the placenta of the mother. Obviously,

this can cause serious damage to the nervous system and the brains of future generations.

In the immediate environment of Kathikudam and on the river sides, lead may accumulate in

the bodies of water organisms and soil organisms. This needs the immediate attention of

our Government Institutions / Boards dealing with aquatic flora and fauna and environment.

Soil functions are disturbed by lead intervention. If this effluent reaches Chalakkudy River,

the lead can reach the fishes easily. Body functions of phytoplankton can be disturbed when

lead interferes. Phytoplankton is an important source of oxygen production in water bodies.

Lead is a particularly dangerous chemical, as it can accumulate in individual organisms, but

also in entire food chains.

The water samples from the discharge points in Chalakkudy River had nickel in it which

makes it unsafe for drinking. But it can be used for irrigation. The presence of nickel ((0.149mg/

l) in the well water of Mr. Ramesh, residing adjacent to this point makes his well water

unsafe for drinking. Nickel is a compound that occurs in the environment only at very low

levels. Humans use nickel for many different applications. The most common application of

nickel is the use as an ingredient of steel and other metal products. Food stuffs may contain

small amounts of nickel. Chocolate and fats are known to contain high quantities. Nickel

uptake will boost when people eat large quantities of vegetables from polluted soils and

water. Plants are known to accumulate nickel and as a result the nickel uptake from vegetables

will be imminent. An uptake of too large quantities of nickel may result in higher chances of

development of lung cancer, nose cancer, larynx cancer and prostate cancer, lung embolism,

respiratory failure, birth defects, asthma and chronic bronchitis, heart disorders etc. Nickel

and certain nickel compounds have been listed by the National Toxicology Program (NTP) as

being reasonably anticipated to be carcinogens. The International Agency for Research on

Cancer (IARC) has listed nickel compounds within group 1 (there is sufficient evidence for

carcinogenicity in humans) and nickel within group 2B (agents which are possibly carcinogenic

to humans).

In general the water samples from NGIL area, Kathikudam are acidic. The Chalakudy River

Jananeethi Report 27 NGIL Pollution

water at the discharge points of the company was also tested acidic. The physical and

chemical properties of the water collected from different locations, were different. The

topography, the lackadaisical effluent disposal and, lack of social and environmental ethics

maintained by the NGIL is polluting the drinking water in this zone. Presence of Heavy metals

(lead, nickel and cadmium) in high quantities in the water samples inside the factory indicates

to the fact that either the technology or manufacturing protocol is out dated.

Sludge to be transported to unknown destinations

Table1 Analytical result of sludge sample from NGIL plant , Kathikudam, Kerala*

Sl No Parameters Quantity

1 pH 11.8 (Extremely alkaline)

2 Conductivity 1.0dSm-¹

3 Organic carbon 19.86%

4 Phosphorous 0.014mg/kg

5 Potassium 910mg/kg

6 Sodium 1830 mg/kg

7 Calcium 1.89%

8 Magnesium 0.009%

9 Nitrogen 0.42%

MICRONUTRIENTS

10 Copper(Cu) 5mg/kg

11 Zinc(Zn) 20mg/kg

12 Iron(Fe) 1520mg/kg

13 Manganese (Mn) 30.0mg/kg

HEAVY METALS(mg/kg)

14 Cadmium (Cd) 1.5 mg/kg

15 Lead(Pb) 82.6 mg/kg

16 Nickel(Ni) 400 mg/kg

17 Chromium (Cr) 7 mg/kg

Jananeethi Report 28 NGIL Pollution

Four samples of sludge were collected from the factory and analyzed-flakes of sludge from

the machine, the sludge used as raw material for composting in the company itself and the

final sludge sold out to farmers and outside agencies, and the base material for composting.

These three samples were extremely alkaline (pH 11.7 to 11.8). Heavy metals were present

in all these samples, indicating that it is unsuitable for composting. Lead (82.6 to 92.5mg/

kg), nickel (400 to 462 mg/kg) and chromium (1.3 to 14.7mg/kg) were present in all the

samples. Cadmium was detected in flakes and also the final sludge sold out (1.5 to 9.1mg/

kg).

When the team visited the place the second time (21.03.2010) without intimating the company,

we observed that even the sludge was being disposed of along with the effluent in the

Chalakkudy River. The sludge that rose to the surface was collected and analyzed. This also

contained heavy metals lead (73.6mg/kg), nickel (27.6mg/kg) and chromium (7.5mg/kg),

though cadmium was not detectable. This is clear proof that the company disposes of sludge

also into the river especially during the night hours, as revealed by the residents of the area.

It amounts to criminal offence to pollute/ contaminate water bodies like Chalakudy River,

which is the major source for drinking and irrigation to several panchayats and municipalities.

When we visited the company, it was observed that a yard with creamy yellow and chalky

white sludge with a pungent and putrid smell was maintained inside the factory. Lorry loads

of the sludge were moving while we were inside. We were told that the sludge was purchased

by several manufacturers of organic fertilizers, based on a reportedly “KAU certificate”. The

NGIL is also manufacturing organic compost inside their factory yard. Jananeethi team noted

in the compost making yard loads of coir pith brought from the costal districts of Kerala,

herbal smelling ayurvedic factory waste, ash from the factory burners and poultry droppings,

and litter brought from Tamil Nadu. Aerobic composting was done and the final output was

packed as Meenachil Organic compost and was sold to farmers. In effect, it was a deceitful

way of disposing the sludge generated in the company. The poor farmers in the state and

neighbouring states pay for the waste generated by the NGIL and carry it home having been

impressed by the NGIL that it is organic manure of high value. There are also allegations that

lorry loads of sludge being taken to Muthalamada Panchayath of Palakkad as landfills. Upon

complaints by aggrieved local residents, the Muthalamada police has registered cases against

illegal dumping pollutant materials in farm land. The company management has agreed that

it was being done for last many years. However, they attributed the liability to the contractors

who bid for removing sludge from the company premises, and that the company management

need not necessarily be aware of where it is been disposed. It was also interesting to learn

that truck loads of the smelly, hazardous sludge were transported through NH 47 to Palakkad

and similarly to neighbouring districts in spite of stringent rules and regulations in this regard.

Jananeethi Report 29 NGIL Pollution

The Brain and the Brawn of the NGIL wreaks havoc on our high ways and pristine agricultural

hamlets like Muthalamada.

A sample of the compost prepared by the company itself was analyzed. It had a pH of 7.9,

which was slightly higher than required, nitrogen content was 1.54%, again more than required.

Phosphorus and potassium levels were lower than the required levels. As expected, the

levels of all heavy metals were also very high. Results showed that it contained lead (1860

mg/kg), cadmium (8mg/kg), nickel (738mg/kg) and chromium (210mg/kg). This was expected

because the raw material (sludge) also contained these factors. The misrepresentation of

the dangerous waste as ideal fertilizer for cash crops has been in practice for last many years

and during the period the company has caused irreparable damage to the soil and cultivation

other than polluting the ground water and surface water. NGIL should face prosecution for

this criminal offence and the officials should be held personally liable to the loss and damages

caused as they have taken conscious efforts to get legitimized by resorting to unethical

practices like fake certificates and records in their favour.

Jananeethi Report 30 NGIL Pollution

Effluent sludge with coir pith and Ayurvedic waste being processed as compost

Jananeethi Report 31 NGIL Pollution

The heavy metal contamination in the sludge that is sold out is very high and dangerous.

Table 3 shows the result of the analysis of sludge that is sold out. Samples of creamy sludge,

floated on the river bed, were collected from the discharge point in the middle of the river.

The results are given in Table 4.

Soil samples

The soil sample collected from the adjacent paddy field outside the factory compound wall

had near neutral pH of 6.63. Organic carbon, available phosphorous and potassium were low.

The paddy field soil was deficient in copper and sufficient in zinc (1.98mg/kg) and manganese.

Iron content was high (>100 mg/kg). Shockingly, the paddy land also contained very high

level of the heavy metal lead (203.8 mg/kg).

The soil sample from banana field was slightly acidic with a pH of 6.37. Organic carbon,

available phosphorus and sulphur were high and available potassium, medium. The content

of lead was high (182.4mg/kg). Cadmium was also detected in this soil.

Jananeethi Report 32 NGIL Pollution

V. Observations

1. The Kerala State Industrial Development Corporation (KSIDC) of Kerala Government,

the Nitta Gelatin Inc. of Japan, and the Kerala State Pollution Control Board are equally

responsible for making Kathikudam, once a beautiful and serene hamlet, a potential

catastrophe. There was total disrespect and disregard for law and ethical, enviornmental

considerations.

2. Interestingly, the NGIL has admitted in a letter it had written on 18th June 2008

(Annexure 1) to the Kerala Agricultural University that the Supreme Court Monitoring

Committee in 2006 had included the effluent plant sludge generated in the company in

hazardous category. Subsequently, the Committee had directed the NGIL to explain before

the Central Pollution Control Board and Union Ministry of Environment and Forests to get

exemption from the purview of Hazardous Wastes (Management & Handling) Rules, 1989 and

amendments thereof. This letter was a formal request to the Kerala Agricultural University

to take up a research in effluent sludge of the company for its manurial value in plants /

vegetables. Memorandum of Understanding was signed between KAU and NGIL, and a project

was launched accordingly. Sample of a effluent sludge together with other samples of coir

pith, ayurvedic factory waste and poultry litter were provided by the company representative

to the KAU lab. This anomaly was a violation of scientific standards and statutory norms.

Samples should have been colected by the scientists themselves. How does one know that

the samples provided were not manipulated? (Annexure 1(a))

3. In January 2008, the Union Ministry of Environment & Forests exempted NGIL from

hazardous category on condition that its (NGIL) compost shall be restricted to crops other

than food crops. Again the question before us is how do we draw a line between food crops

and cash crops taking into consideration the composite nature of crops in Kerala environment?

Jananeethi Report 33 NGIL Pollution

In the letter addressed to the Director of Research, Kerala Agricultural University dated 18th

June 2008 NGIL has admitted that despite the strictures imposed on them by the MoEF, the

company has been selling its ‘compost’ to food crops also. This has to be noted very seriously.

Disciplinary action should be initiated against the errant officers of NGIL. ( Annexure 1 page

2)

4. While the samples collected by Jananeethi Instituted from the NGIL premises were

being analysed at the Radiotracer Laboratory of Kerala Agricultural University, the company

itself approached the same laboratory with its compost samples requesting for certification

to be used as manure in aggriculture including food crops. The lab analysis proved that the

compost produced in NGIL contained very high presence of Lead (2485 ppm.) and Nickel (450

ppm) rendering the compost unsafe (Annexure 1 b). Remember, this most dangerous substance

has been marketed for last many years in kerala and the neighbouring States through several

outlets. The Ministry of Environment & Forest that exempted the sludge from the hazardous

category should apologise to hundreds of farmers who have been using the most hazardous

compost as good manure. The officials of NGIL who betrayed the innocent farmers are liable

to be prosecuted for criminal conspiracy and environmental hazards.

5. The claim of NGIL that all court cases against it were disposed on its favour only is

wrong. There were cases in the Munsiff’s courts at Irinjalakuda and Chalakkudy that have

been decided against the company. (Annexure 2 (a - d)). Again, in WP (C) No 20891 of 2009,

and dated 27.07.2009 the Honourable High Court of Kerala has permitted the NGIL to operate

only on condition that it should satisfy the conditions laid down by the Board and the Grama

Panchayat.(Annexures 2 (a - d) will speak for the fact that the company has been violating

statutory norms and rules and that it was repeatedly admonished by the Panchayat Authorities.)

6. NGIL claims that it was strictly abiding by rules and statutory norms from the very

inception of the company. It was not. In a letter addressed to Panampilly Jayadevan of

Kathikudam dated 3.4.1998, the Secretary of the Ministry for Family Welfare has confirmed

incidence of pollution quoting a report received from the Pollution Control Board. (Annexure

3) The company has initiated some improvements in treatment plant only in 2008 after a

strong intervention by the Pollution Control Board on complaints received from public. In a

strongly worded notice to the NGIL dated 29.03.2008, the Board has warned the NGIL of dire

consequences including closure of the company and such other penal actions like disconnection

of electricity, water and such other services. (Annexure 3 (a) ).

7. In a letter addressed to Secretary, Chalakkudy Puzha Malineekarana Viruddha Samithi,

dated 4.12.2009 (Annexure 4) the Secretary to Kerala State Legislature has confirmed that

the State Pollution Control Board had visited the NGIL at Kathikudam on 25.05.2000,

03.06.2002, 19.03.2008 and 02.07.2008 on complaints received from the public with respect

to pollution by the company. The letter also mentions that the Board had issued ‘Show Cause

Jananeethi Report 34 NGIL Pollution

Notice’ to the NGIL on 29.03.2008 having found that the compost made out of the sludge was

unlawful. Again, the letter states that the Board was satisfied on 02.07.2008 with the

improvements made by company. If so, the State Pollution Control Board must be held liable

for the continuing damage to the environment at Kathikudam and its officers should face

criminal prosecution and a social audit.

8. As the NGIL top brass refused permission to peruse some of the vital documents, we

had to write to KSIDC under the provisions of Right to Information Act, 2005. KSIDC forwarded

our letter to NGIL on 19.04.2010 for further action. Later, on 13.05.2010 we received letter

from KSIDC refusing the information we wanted. The reason they said was, “NGIL does not

come under the purview of RTI Act”. (Annexure 5). Ignorance of law is not an excuse. Yet it

is not that simple. Does the NGIL really believe that Indian Laws and Ethical Standards are

not applicable to it?

9. Just before this report was going to the press, we received a letter dated 18.06.2010

from Shri.Alkesh Sharma IAS, Managing Director and Appellate Authority of KSIDC stating, “

Nitta Gelatin India Limited is a private company, KSIDC has no locus standi to direct M/s Nitta

Gelatin to provide information sought by you”. This was in response to our appeal under RTI

against denial of required information in the first instance. NGIL (formerly, Kerala Chemicals

and Proteins Limited) was set up in the joint sector by KSIDC and Nitta Gelatin Inc. of Japan.

KSIDC is the major share holder of NGIL. It’s Chairman is Mr.T.Balakrishnan IAS, Addl.Chief

Secretary, Industries & Commerce, Govt. of Kerala. The Chairman addressed a press conference

in Kochi a couple of days ago on the occasion of launching a new product by the company. It’s

very strange and unfortunate to hear from a responsible, senior government secretary declining

mandatory information stating that a quasi-government venture is a ‘private company’.

(Annexure 5 a).

10. All these years NGIL has successfully manipulated various testing agencies including

the Pollution Control Board and the Kerala Agricultural University. There are two major issues

on which people have been agitating from the inception of the company. They are – (i)

presence of heavy metals in water and (ii) pollution of Chalakkudy river water. NGIL has

never, ever dared to conduct a sample testing on these issues. On the other hand it always

requested the testing agencies to find out factors that are no way connected with the

operations of the company. This was a deliberate, brilliantly orchestrated manipulation wherein

the NGIL was able to obtain clean certificates to further carry out its destructive operations

more vigorously. (Annexure 6 - This exhibit shows that test was conducted on non-issues,

that were not challenged).

11. An Expert Committee, constituted of representatives of various public interest bodies

including Pollution Control Board, visited the company, the people and other stake holders in

Jananeethi Report 35 NGIL Pollution

2009 and had made its ‘preliminary report’ (Annexure 7). In the report the Committee has

indicted the company for its “failure to operate the ETP properly” despite various notices

issued to it by the PCB. The Committee also noticed that there was increased production

without upgrading the ETP. The Committee further observed several discrepancies and errors

in the versions of the company management; strongly recommended water budgeting by

providing water meter at the intake and outlet points; and it also urged the NGIL to initiate

and continue dialogue with the Grama Panchayat, Block Panchayat, Action Council and the

people living around the company. However, the company seems to have ignored the

Committee’s report, the message being it doesn’t care.

12. A press release dated 28th January 2010 from Kochi by Nitta Gelatin India Limited

proudly announced that it has received ISO 14001 certificate for Environment Management

System. (Annexure 8) Jananeethi Institute would challenge the authority that awarded this

certification to NGIL to disclose its rationale for the decision of awarding ISO 14001 status to

the company.

13. NGIL also claims that its effluent compost has been certified by the Ministry of

Environment and Forests. If it is true, then the Ministry owes an explanation to the public

how come an effluent that was declared “hazardous” by the Supreme Court Monitoring

Committee turned to be a manure? (Annexure 9) (Cross refrence to observation No. 4 of this

chapter and annexure 1 b)

Our children may save us if they are taught to care properly for the

planet; but if not, it may be back to the Ice Age or the caves from

where we first emerged. Then we’ll have to view the universe above

from a cold, dark place. No more jet skis, nuclear weapons, plastic

crap, broken pay phones, drugs, cars, waffle irons, or television.

Come to think of it, that might not be a bad idea.

Jimmy Buffet, Mother Earth News, March-April 1990

Jananeethi Report 36 NGIL Pollution

VI. Violations of Law, Civil Rights and

Ethical Standards:

_ The Environment (Protection) Act, 1986: The decline of environmental quality has

to be evidenced by increasing pollution, loss of vegetal cover and biological diversity,

excessive concentration of harmful chemicals in the ambient atmosphere and in

food chains, growing risks of environmental accidents and threats to life support

systems.

• Environment includes water, air and land and the inter-relationship which

exists among and between water, air and land, and human beings, other

living creatures, plants, micro-organism and property.

• Any solid, liquid or gaseous substance present in such concentration as may

be, or tend to be, injurious to environment is an environmental pollutant.

Hazardous Wastes (Management and Handling) Rules, 1989:

The company (occupier) generating hazardous wastes shall take all practical steps to ensure

that such wastes are properly handled and disposed of without any adverse effects which

may result from such wastes and the occupier shall also be responsible for proper collection,

reception, treatment, storage and disposal of these wastes either itself or through the

operator of facility.

• The Government should publish from time to time and inventory of disposal

sites for the disposal of hazardous wastes.

• The occupier generating hazardous waste and operator of a facility for

collection, reception, treatment, transport, storage and disposal of hazardous

waste shall maintain records of such operations.

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The Manufacture, Storage and Import of Hazardous Chemicals Rule, 1989:

• An occupier who has control of an industrial activity should –

i. identify the major accident hazards,

ii. take steps to prevent such major accidents and to limit their

consequences to persons and the environment, and

iii. provide to persons working on the site with information, training

and equipment including antidotes necessary to ensure their safety.

• The occupier shall take appropriate steps to inform persons outside the site

either directly or through District Emergency Authority who are likely to be

in an area which may be affected by a major accident about –

i. the name of the major accident hazard, and

ii. the safety measures and the “Dos” and “Don’ts” which should be

adopted in the event of a major accident.

Chemical Accidents (Emergency Planning, preparedness and Response) Rules, 1996:

The law requires the State Government to constitute District and Local Crisis Groups to

deal with chemical accidents and coordinate efforts in planning, preparedness and mitigation

of a chemical accident. It should be their duty to educate the population likely to be

affected in a chemical accident about the remedies and existing preparedness in the area.

The hazard installation in the area should aid, assist and facilitate the functioning of the

Local Crisis Group.

The Water (Prevention & Control of Pollution) Act, 1974:

No person shall establish an industry which is likely to discharge sewage or trade effluent

into a stream or well or sewer or on land. (S 25). With reference to Section 25 of the Act,

the Supreme Court said: “No one has a right to carry on a business so as to cause nuisance

to the society. One cannot carry on business in the manner by which the business activity

becomes a health hazard to the entire society.” (AIR 1988, Guj 57)

The Air (Prevention and Control of Pollution) Act, 1981:

The presence in air of various pollutants discharged through industrial emissions and from

certain human activities connected with traffic, heating, use of domestic fuel, refuse

incinerations, etc has a detrimental effect on the health of people as a so on animal life,

vegetation and property.

Section 22: No person operating any industrial plant, in any air pollution control area shall

discharge or cause or permit to be discharged the emission of any air pollutant in excess of

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the standards laid down by the State Board.

Section 31A entitles the court to close down, prohibit or regulate any industry that pollutes

air. Every citizen has a right to fresh air.

Air pollutants are in the form of smoke, fume, dust, odour, gas etc. It is an admitted case

that air pollutants are causing serious health hazards like eye irritation, vegetation damage,

further causing respiratory diseases and other harmful effects to human being and vegetation.

Section 133 Code of Criminal Procedure, 1973:

The District Magistrate or appropriate authority should see that any unlawful obstruction

or nuisance be removed from any public place or from any way, river or canal which is or

may be lawfully used by the public.

The Public Liability Insurance Act, 1991:

The Act enables for compensation / relief to any person (s) affected by accident occurring

in an industrial unit of hazardous substances, or for matters connected therewith or incidental

thereto.

Constitution of India:

• Article 21 : The Supreme Court has declared in several cases that right to

safe environment and clean water is part of Right to Life.

• Article 48A reads “ the State shall endeavour to protect and improve the

environment and to safeguard the forests and wildlife of the country”

• Article 51A provides, “to protect and improve the natural environment

including forests, lakes, rivers and wild-life and to have compassion for living

creatures”.

Polluter pays Principle:

It means that the absolute liability for harm to the environment extends not only to

compensate the victims of pollution but also the cost of restoring the environment

degradation. Remediation of the damaged environment is part of the process of “sustainable

development” and as such polluter is liable to pay the cost to the individual sufferers as

well as the cost of reversing the damaged ecology. (AIR 1996 SC 1446)

Hygienic Environment, a human and fundamental right:

In Virender Gaur v. State of Haryana (1995 (2) SCC 577) the court has stated, “enjoyment

of life and its attainment including their right to life with human dignity encompasses

within its ambit, the protection and preservation of environment, ecological balance free

Jananeethi Report 39 NGIL Pollution

from pollution of air and water, sanitation without which life cannot be enjoyed. Any

contra act or action would cause environmental pollution. Environmental, ecological, air,

water pollution, etc should be regarded as amounting to violation of Article 21. Therefore,

hygienic environment is an integral facet of right of healthy life and it would be impossible

to live with human dignity without a human and healthy environment”.

Hazardous Industry: Highest Standards of Safety Measures Required:

In Oleum Gas Leak case (1987 (1) SCC 395) the court observed that an enterprise which is

engaged in a hazardous or inherently dangerous industry which poses a potential threat to

the health and safety to the persons working in the factory and residing in the surrounding

areas owes an absolute and non-delegable duty to the community to ensure that no harm

results to any one on account of hazardous or inherently dangerous nature of the activity

which it has under taken. Highest standards of safety must be ensured and if any harm

results on account of such activity, the enterprise bust be absolutely liable to compensate

for such harm and it should be no answer to the enterprise to say that it had taken all

reasonable care and that the harm occurred without any negligence on its part.

The Precautionary Principle and the New Burden of Proof:

With reference to the development of environmental concepts during the period of Stockholm

Conference (1972) and the Rio Conference (1992), the court declared that the Precautionary

principle and the Polluter pays Principle are now part of the environmental law of the

country. According to the Precautionary Principle, where there are threats of serious or

irreversible damage, lack of full scientific certainty shall not be used as a reason for proposing

cost-effective measures to prevent environmental degradation.

“Water is gift of nature. Human hand cannot be permitted to convert this

bounty into a curse, oppression. The primary use to which water is put

being drinking, it would be mocking nature to force the people who live on

the bank of a river to remain thirsty. Drinking is the most beneficial use of

water and this need is so paramount that it cannot be made subservient to

any other use of water like irrigation. So the right to use of water for domestic

purpose would prevail over other needs”.

(Supreme Court in Delhi Water Supply & Sewage Disposal Undertaking v. State of Haryana)

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VII. Recommendations

Without prejudice to any one, we state and declare that NGIL and its operations in the given

circumstances pose impending disaster that should not be allowed to happen. If the

Government of Kerala and the civil society want to avert another man-made colossal calamity

at Kathikudam, stringent actions should be initiated without delay.

We recommend to the Government and whom-so-ever concerned the following corrective

measures to be expedited without being soft to wrong doers:

_ Safety norms for NGIL must be updated as per international best practices. There

should be time frame for it. An expert committee constituted of scientists and activists

must be assigned to monitor. The company must bear the cost of its functioning.

_ Effective public participation in decision making and monitoring must be envisaged

with larger scope for being a ‘watch dog’. The District and Local Crisis Groups as

envisaged in the Chemical Accidents (Emergency Planning, Preparedness and Responses)

Rules, 1996 should be activated at the cost of the concerned industrial unit(s).

_ There must be laws providing ground rules for adequate compensation to direct and

de-facto victims of any industrial disaster and provisions for stricter punishments to

errant officers.

_ There must be provisions for disciplinary action against officials of State Pollution

Control Board for their failure from time to time in checking and monitoring industrial

operations as per safety norms and standards.

_ An Ombudsman (with a retired high court judge and two high profiled, non-political

public personalities and scientists) must be appointed to look into complaints of

environmental pollution by industries, using hazardous materials.

_ A High Power Committee must be appointed to assess the impacts of environmental

damages at Kathikudam from inception of the NGIL and to suggest for compensaton.

_ An expert medical team must be appointed to make a thorough health survey within

2.5 kms radius to study the impacts of the sludge and effluents over a period of 30

years.

_ Since the company uses a bacterium for effluent treatment, an investigation by a

competent body may be conducted to examine the non-pathogenic/toxic nature of

the same.

_ The hazardous/non-hazardous and manurial nature of the sludge has to be evaluated

by a competent body on a priority basis, until then its marketing must be suspended.

Jananeethi Report 41 NGIL Pollution

VIII. Conclusion

“We do not come under the purview of RTI Act, 2005” argues NGIL. “Indian courts have no

jurisdiction to try us” says Union Carbide. 25000 innocent people died on 2/3 of December

1984 in Bhopal, in one of the worst industrial disasters in human history. The argument of the

company has always been, “Union Carbide and its officials are not subject to the jurisdiction

of the Indian court since they did not have any involvement in the operation of the plant,

which was owned and operated by UCIL.” The same reasoning could be adopted by NGIL if

any thing goes wrong at Kathikudam too. They have all the more reasons to say that the

KSIDC is also a stake holder in the operations. Huge profit from the company operations goes

to the Japanese counterparts of the company, the Nitta Gelatin Inc and Mitsubishi Corporation.

1, 20,000 liters of hydrochloric acid per day is used by the company. The presence of huge

tanks storing 30 lakhs liters of hydrochloric acid at the densely populated area of Kathikudam

makes the situation potentially catastrophic and renders a nightmare to the local inhabitants.

It makes them panicky as and when they read industrial disasters elsewhere in the country or

outside.

Disrespect to the law of land, non-compliance of rules and regulations issued by the local

governments, blatant denial of abject truths, harassment of Action Council members arresting

and implicating them in fake criminal cases, misleading the courts, bribing police and public

servants, and manipulating the media are common characteristics of both Coca Cola and

NGIL. The cola company did not cooperate with the High Power Committee appointed by the

State Government of Kerala for assessment of damages to the people and environment at

Plachimada. It declared, the Committee was “illegal” and said, “The decisions of the

Committee are not binding on us”. The Committee had found that the cola company had

violated a number of laws of the land, including Water Act, 1974, Environment Protection

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Act, 1986, The Factories’ Act, 1948, Hazardous Waste Rules, 1989, SC-ST Act 1989, Land

Utilization Order, 1967 and the Kerala Ground Water Act among others. In 2003, the district

medical officer had advised the people of Plachimada that their water was polluted and unfit

for consumption. The Kerala Agricultural University had found that the fodder, milk, meat

and egg samples collected from Plachimada area contained cadmium, lead and chromium

was above the level prescribed by the World Health Organization.

The Committee’s findings against the cola company are typically applicable to NGIL too. The

Committee found that the cola company had caused the pollution of the ground water and

that it would take years to mitigate the pollution. Besides the problems created by drawal of

huge quantity of water, the solid waste (ETP sludge) from the factory exacerbated the crisis.

Part of this material was dumped in landfill sites within the factory compound. Large quantities

of it were trucked out and disposed off in the farmlands all around and far off places. The

factory had impressed upon the peasants that it was good manure. The sludge had no nitrogen

content but dangerous levels of cadmium and high levels of lead makes it a hazardous waste.

Too much of cadmium in the soil has lead to the leaching into the wells. The presence of

excess cadmium in the farmland has lead to nutrient imbalance in the soil. The farmlands,

which had apparently very good soil structure got deteriorated in due course.

In the context, the findings and recommendations of the High Power Committee in the matter

of Coco Cola must be taken equally applicable to the case of NGIL. The people living in the

vicinity of the company have been the worst affected. The problems were further aggravated

by the deterioration of agricultural lands by depositing the hazardous wastes in the farm

land at the behest of the company. During the rainy season, these deposits have spread into

paddy fields, canals and wells, causing serious health hazards.

The lessons we learned from the Union Carbide case and the Coke controversy are enough to

be more vigilant in the matter of foreign investments in our land. Those industrial initiatives,

no mater how big they are and how fabulous are their promises, should not be allowed to

enter the country if they do not conform themselves to the laws of the land. NGIL should be

asked to leave the country forthwith if it still holds the view that the statutory provisions of

law of the land are not applicable to it. And we have all the reasons to believe – NGIL in the

given circumstances IS AN IMPENDING DISASTER.

Fig. 3 : Effluent sludge floating on river water

Fig. 2 : Chalakkudy River viewed from discharge point

Fig. 4 : Effluent sludge hidden among water hyacinth

Fig. 5 : Heavy mass of sludge at close view

Fig. 6 : Heavy deposits of sludge in the water

Fig. 7 : Sludge floating on water at another location in Chalakkudy River

Fig. 8 : Sludge filled river

Fig. 9 : Paddy field contaminated by effluent sludge

Fig. 10 : Effluents being treated

Fig. 10 : Compost in making

Fig. 11 : Effluents being piped out to Chalakkudy River

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Annex - 1 (b)

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Press Release

Nitta Gelatin receives ISO 14001 certification for Environmental Management

System

Nitta Gelatin with ISO 14001 certificate

[From Left to Right: Mr. Alkesh Kumar Sharma (MD,

KSIDC & Director, NGIL), Mr. T. Balakrishnan (Addl Chief

Secretary, Industries & Commerce & Chairman, NGIL), Mr.

G. Suseelan (MD, NGIL), Mr. Norimichi Soga (President

Nitta Gelatin Inc, Japan), Prof. Y. R. Rao, (NVT-QC)

Kochi, 28th January, 2010: Nitta Gelatin India Ltd. [NGIL], a leading global

manufacturer of Gelatin and related products, today announced that it received ISO

14001:2004 certification. The audit was done by NVT-QC, an authorized agency

of International Organization for Standardization [ISO]. ISO 14001, an

internationally accepted standard, certifies an effective Environmental

Management System to reduce environmental impact on water, air, land etc. The

Certificate was received by Mr. T. Balakrishnan (IAS), Chairman, NGIL from

Prof. Y. R. Rao, NVT-QC at Kochi.

Commenting on the certification, Mr. G. Suseelan, Managing Director, Nitta

Gelatin India Ltd. said, “This is a great moment for us as the certification

demonstrates our commitment for a sustainable environment. More than endorsing

our adherence to legislations, the certification signifies the commitment of our

entire organization in reducing environmental impact while maintaining

profitability. NGIL has always been a pioneer in adopting best practices from

across the world and the certification is yet another milestone for us.”

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History of NGIL’s Pollution

Nitta Gelatin India Limited (KCPL) has long history of environmental pollution from early

1990s.

The effluent water discharged by the company in huge quantities has caused colossal

damage to the underground water as well as surface water in the area. The local streams

like Perunthode and Chathanchal are today completely polluted and water flowing through

these rivulets has turned to be unfit for drinking, domestic use or even for irrigation.

During summer, death of fishes is a common occurrence in Perunthode.

Aggrieved by the environmental havoc caused by the company, several local inhabitants

had taken recourse to judicial process in various courts of law as also before administrative

offices for legal reparation.

(i) Government of Kerala – Department of Health and Family Welfare:

No 5927/G3/’97; Dated 30.04.1998

The Secretary, Ministry of Health has officially informed Mr.Panampilly Jayadevan,

Kathikudam Post, Koratty that the complaint against industrial pollution was

investigated through the Kerala Pollution Control Board and it was found that

underground water was badly contaminated due to water pollution by KCPL.

(ii) Resolution (No 110) passed by Kadukutty Panchayat on 17.04.1996

It has been found that water from wells on both sides of Perumthode that flows

through Vll and Vlll Wards of the this Panchayat was polluted due to air and

water pollution caused by the KCPL that functions in Ward Vlll.

In the circumstances the Panchayat directs the pollutant company (KCPL) to

provide drinking water to the local residents of the affected area.

(iii) OS 76/1996, Munsiiff’s Court, Irinjalakuda.

Order dated 21.12.1996

In a petition filed by Kochudevassy and his son George, Thelakkat House,

Kathikudam against the KCPL, the court ordered the respondent company to pay

Rs 10 and one sack of alkaline per day each in compensation to the damage

caused to the petitioner by the respondent company.

(iv) L.Dis 7561/97/C1, dated 6.2.1998.

The District Collector of Thrissur ordered the Managing Director of KCPL to take

urgent precautionary measures for safe disposal of sludge, preventing any seepage

of effluents.

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(v) Kerala Pollution Control Board

on 10.6.1996 and 15.11.1996 made investigation and made its statutory report to

the RDO of Thrissur District.

Again, on 15.7.1997 and 28.8.1997 the Board made another series of investigations

and filed its report to the RDO.

In both reports, the Board had confirmed pollution of air, water and soil caused

by KCPL.

(vi) The Secretary of Kadukutty Panchayat, on 15.3.1997 wrote to the

DMO of Thrissur vide No D.104/1997 –

Request urgent intervention for appropriate action on drinking water

being contaminated in wells of Wards Vll and Vlll of Kadukutty

Panchayat, fishes of Perumthode and its vicinities die rampantly

and urgent measures to be taken for early supply of drinking water.

(vii) In December 2005, The Chalakkudy Munisiff court appointed a commissioner to

collect and examine samples of water and soil from the area, followed by a

complaint against the company by a farmer who lost his cucumber cultivation

after he had pumped water from the Kakkad pump house, situated very close to

the effluent discharge point in Chalakkudy River.

(viii) In May 2006, large quantity of fishes was found dead in Chalakkudy River at

Pulikkadadavu and Appinikkadavu. On complaints from local people, the

Annamanada panchayat authorities visited the area and took up the matter to the

District Collector. Water samples were tested in Regional Analytical Laboratory

and were found containing acidic elements. Water from this pump house was

supplied as drinking water to thousands of people belonging to Kodungallur

Municipality, and Mala, Poyya, Kuzhur, Annamanada, Puthanchira, Vellangallur

panchayats.

(ix) In 2007, two employees of the company who entered the tank storing the crushed

bones fainted. They had been rushed to hospital where they were administered

artificial respiration for more than eight hours.

(x) In 2009 there was crack in the large pipeline carrying effluents from company to

the nearby Chalakkudy River. Consequently the effluent was abounded in the

paddy fields causing enormous harm to the soil and vegetations. Political leaders,

revenue officials, engineers from PCB and several media groups visited the area.

In the result, the Kadukutty panchayat cancelled the license to the company. The

company was forced to engage dozens of workers to remove the toxic substance

from the affected areas.

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Important judgments by Supreme Court

(It is well settled that it is the duty of the Government to prevent hazardous and inherently

dangerous activities causing health hazards and creating pollution. It is therefore obligatory for

the Government to protect that people from such activities. In the case of NGIL, Government of

Kerala vide its unit KIDC is a party to the environmental havoc created at Kathikudam).

In Indian Council for Enviro-Legal Action V. Union of India (AIR 1996 SC 1446), the court observed

that the ‘polluter pays principle’ means that the absolute liability for harm to the environment

extends not only to compensate the victims of pollution but also the cost of restoring the

environment degradation. Remediation of the damaged environment is part to the process of

“sustainable development” and as such polluter is liable to pay the cost to the individual suffers

as well as the cost of reversing the damaged ecology. Even if the company is closed, if the

consequences of its action remain – the sludge, the long lasting damage to earth, to underground

water, to human beings, to cattle and the village economy – the liability of the polluter remains,

the court observed.

In Vellore Citizens Welfare Forum V. Union of India, (1996, 5 SCC 647), the apex court ordered

the tanneries to pay compensation to the damage caused by discharging untreated effluent into

agricultural fields, road sides, water ways and open lands. The untreated effluent was finally

discharged into Palar River which was the main source of water supply to the residents of the

area. In case of non-compliance, the court said, the industries shall be closed down.

In MC Metha V. Union of India, (1997, 2 SCC 411), the court ordered the unconditional closure of

the tanneries for discharging untreated poisonous effluents into the river Ganges and payment of

compensation by them for reversing the damage and for rights and benefits to be made available

by them to their workmen.

In Om Prakash Bhatt V. State of UP, (AIR 1997, All 259), the court ruled that ‘once the activity

carried on is hazardous or inherently dangerous, the person carrying on such activity is liable to

make good the loss caused to any other person by his activity irrespective of the fact whether he

took reasonable case while carrying on his activity. The polluting industries are “absolutely liable

to compensate for the harm caused by them to villagers in the affected area, to the soil and to

the underground water and hence, they are bound to take all necessary measures to remove

sludge and other pollutants lying in the affected areas.

In Delhi Water Supply and Sewage Disposal Undertaking v. State of Haryana (AIR 1996 SC 2991)

the said, “Water is gift of nature. Human hand cannot be permitted to convert this bounty into

a curse, an oppression. The primary use to which water is put being drinking, it would be mocking

nature to force the people who live on the bank of a river to remain thirsty”. “Drinking is the

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most beneficial use of water and this need is so paramount that it cannot be made subservient to

any other use of water like irrigation. So the right to use of water for domestic purpose would

prevail over other needs.

In Charanlal Sahu v. Union of India (AIR 1990 SC 1480) the court held that State should not play

a passive role when assaults on environment caused by adverse socio-economic policies, pose a

thereat to the ecology, courts can not sit with their eyes closed…environmental protection is a

constitutional mandate.

In Virender Gaur v. State of Haryana (1995 (2) SCC 577) the court observed: Article 48 A in Part

IV (Directive Principles) brought by the Constitution 42nd Amendment Act, 1976, enjoins that ‘the

State will endeavour to protect and improve the environment and to safeguard the forests and

wildlife of the country’. Article 47 further imposes the duty on State to improve public health

as its primary duty. Article 51-A (g) imposes ‘a fundamental duty’ on every citizen of India to

protect and improve the natural environment including forests, lakes, rivers and wildlife and to

have compassion for living creatures. The Sate, in particular has duty in that behalf and to shed

its extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance

and hygienic environment. Article 21 of the Constitution protects right to life as a fundamental

right. Enjoyment of life and its attainment including their right to life with human dignity

encompasses within its ambit, the protection and preservation of environment, ecological balance

free from pollution of air and water, sanitation without which life cannot be enjoyed. Any contra

acts or actions would cause environmental pollution. Environmental, ecological, air, water

pollution, etc. should be regarded as amounting to violation of Article 21.

In M.C.Metha v. Union of India (1987(1) SCC 395) the Supreme Court observed :- An enterprise

which is engaged in a hazardous or inherently dangerous industry which poses a potential threat

to the health and safety to the persons working in the factory and residing in the surrounding

areas owes an absolute and non delegable duty to the community to ensure that no harm results

to anyone on account of hazardous or inherently enterprise must be held to be under an obligation

to provide that the hazardous or inherently dangerous activity in which it is engaged must be

conducted with the highest standards of safety and if any harm results on account of such activity,

the enterprise must be absolutely liable to compensate for such harm and it should be no answer

to the enterprise to say that it had taken all reasonable care and that the harm occurred without

any negligence on its part.

In Subhash Kumar v. State of Bihar (AIR 1991 SC 420) the court stated that “right to live is a

fundamental right under Article 21 of the Constitution and it includes the right of enjoyment of

pollution free water and air for full enjoyment of life”.

In Vurrabazar Fireworks Dealers Association v. Commissioner of police, Calcutta (AIR 1998 All 41

& 42) the apex court held that under the Constitution the people have a right to sleep and

leisure. Disruption or disturbance in sleeps creates mental stress, deficient in working, efficiency

and other things.

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Organizational Profile of Jananeethi

Introduction: A brief history

Jananeethi was initiated by its Executive Director, Advocate George Pulikuthiyil in the year 1991

as service centre providing free legal aid and consultation to poor and marginalized communities

to have access to justice and equity. This was registered as a Charity under the Charitable

Societies Act in the year 1992 and got developed as a movement by involving many eminent

people who had profound service records as jurists, social scientists, academia, thinkers, writers,

human rights defenders and social critics. Among the many achievements of Jananeethi during

its 19 years’ existence, the most spectacular contribution it has made for the social harmonising

of the civil society could be its psycho-legal therapeutic services. Jananeethi uses law and legal

system as therapeutic agents. Justice is the entry point. This is a right based, victim-centered

approach for total healing of the physical, psychological, emotional, social and legal injuries

inflicted on them.

Jananeethi started Public Interest Litigations (common cause) as effective means to attend issues

of public relevance and wider application. Several such cases had earned popularity and social

image to Jananeethi as Voice of the voice-less. In 1995 it started addressing rural women,

particularly women of low-income families and marginalized communities, who often are silent

sufferers of widespread discriminations, sexual atrocities, domestic violence etc. A special team

of lawyers and para-legal activists and social workers were formed in Jananeethi and they were

given proper direction and training to effectively address women and girl children who were

targets of violence at home and in society.

Jananeethi organized nature lovers, environmental activists, youth clubs and farmers’ associations

to fight the encroachments on nature and pollution of air, soil and water, unauthorized sand

mining, deforestation, conversion of agricultural land to industrial basement etc. This group

campaigned in schools, educational institutions, public offices, and centres of public activity

against environmental degradation focusing on the use of plastics, chemicals and pesticides.

The Research and Social Survey team of Jananeethi has taken up several studies on matters of

public concern like Study of coco cola, Vagamon, Dowry System, Family suicides etc. The reports

of Jananeethi were taken as authentic documents even in Parliament, Supreme Court and State

Legislative Assembly.

Jananeethi took leading role in organizing Public Hearing (Open Court / People’s Court) in several

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instances like Kadalundy Train Accident; Environmental havoc created by Gracim industries at

Mavoor, Kozhikode; Bio-medical waste disposal plant at Thodupuzha, Communal riot at Marad,

Political killings in Kannur, Shooting at the tribal population at Muthanga in Wayanad district etc

Jananeethi had campaigned for the idea of a LITIGATION FREE village since 1994 in the State of

Kerala. In 2000 Jananeethi with the help and co-operation of community leaders, law students,

district bar association and under guidance of district legal services authority did the pioneering

work in creating the FIRST EVER LITIGATION FREE VILLAGE in India, at Thichoor in Thrissur

district. The whole village was involved in the process. The Government of Kerala later adopted

it as a model and urged all district judges to declare at least two villages in a year as litigation

free zones as was manifested in Jananeethi experiment. Jananeethi continued this innovative

experiment in other parts of the district of Thrissur. Later it made another attempt in the

Mullakkara village to change it to a CRIME FREE ZONE. In the process he could change the village

as the FIRST ‘LEGALLY LITERATE AND LITIGATION FREE’ zone in the State of Kerala. This was

officially declared by the Chief Justice of Kerala together with several of his brother judges on

14th August 2004. The village was again declared HEALTH LITERATE on the 30th of December of

the same year.

From the year 1993, Jananeethi has been regularly publishing a monthly journal, and has published

several books and handouts, all in relation with protection and promotion of human rights. The

message of equity and justice has gone to many thousands both in Kerala and else where through

the publications. The monthly publication in vernacular language has influenced the thinking

process of many people.

Jananeethi has developed a good network of committed activists in other parts of the State.

Wayanad and Palakkad are the two districts where large number of tribal families and indigenous

groups exist. These two districts are far behind in development and the people are mostly

engaged in farming. Jananeethi has extended its presence in these districts as well. Jananeethi

has opened its service even on the internet so as people who live in foreign land can also make

use of its services. There are several individuals and corporate bodies abroad that regularly seek

help of Jananeethi through Internet. Jananeethi has also introduced special training for young

men and women who have graduated in social science and social work. The aim is to sharpen

their views and convictions in relation with hard social realities of poverty, insecurity, communal

disharmony, gender violence, corruption, politics of hate etc.

In connection with the 60th anniversary of India as a Parliamentary Democracy, Jananeethi

organised series of discourses on CHALLENGES TO DEMOCRACY continuously for 20 week-ends in

2007-08. Each session was addressed by eminent scholars on various aspects of Democracy.

Jananeethi Report 94 NGIL Pollution

Jananeethi is being considered to be accredited by the ECOSOC at the UN with consultative

status. It has been accredited by Credibility Alliance in India. Credibility Alliance has accredited

Jananeethi under its Desired Norms. The National Legal Services Authority and State Social

Welfare Department have accredited Jananeethi as service provider. World Organization against

Torture (OMCT), based in Geneva, has formally approved Jananeethi as their Net-Work partner

in 2008 for the protection of human rights. The May 18th Memorial Foundation in South Korea

also has accepted Jananeethi as their network partner for the promotion of Democracy, in

2007.

Vision:

Jananeethi aims at radical changes in society, enabling the individuals and societies become

aware of their inherent human rights and civil liberties, so that people may live in dignity and

freedom, in consonance with the true dictates of humanity in its widest scope and dimension.

Few Interventions made on Environment related issues:

_ Coco Cola was first ‘exposed’ by Jananeethi web site:

The toxicity of the soft drink coco cola and the hazardous nature of its residue (slurry) were

first exposed by a study conducted by Jananeethi in February 2002, in the early days of the

agitation by the local people. The illegality of the land utilization of the plant, the water and

soil pollution caused by the multinational giant company, the epidemics unleashed by the

factory were all scientifically and logically proved by Jananeethi study. It was the first scientific

document on coco cola at Plachimada which was subsequently used by BBC at length in its

study. Jananeethi made a sequel to its first study to counter the wrong propaganda of the

factory, in 2003.

_ Defending the defenceless at Muthanga:

Jananeethi was actively present in Wayanad district when the tribal community was brutally

attacked by the state police and forest mafia at Muthanga and elsewhere. Jananeethi could

bring the matter to the notice of national and international bodies for urgent action and support

for the favour of the tribal people. The publication wing of Jananeethi played very significant

role in sensitizing the matter to wider public.

_ A pioneering study of Vagamon and the invaders of its eco-system:

The exotic beauty and bio diversity of Vagamon was made for an in-depth study of Jananeethi

in the wake of massive encroachments by invaders who did exploit the environment and ecosystem

for unlawful monetary gains. The study report was discussed at government / semiJananeethi

Report 95 NGIL Pollution

government fora and a special leave petition is pending in the Supreme Court of India based on

the study of Jananeethi.

_ Unethical attempt for a bio-medical waste disposal plant at Thudanganad village

averted by Jananeethi report:

Flouting the provisions of Water Act, Air Act and other environmental laws, a bio-medical incinerator

plant was being contemplated by certain business magnets for unlawful gains. The alertness of

the people against the atrocious attempt invited Jananeethi to take up the leadership of the stir.

The report prepared by the Jananeethi team effectively exposed the potential hazards of the

project.

_ ‘Sreeramanchira’ regained and revamped:

The people of three panchayats solely depended on the water sources from Sreeramanchira for

their sustenance. However, due to corruption and anarchy in the local bodies, it was not maintained

and people could not use it for more than two decades. All attempts by the people to renovate

the Chira were proved futile. At this stage Jananeethi took up the matter and approached the

Ombudsman of local government. An order was passed in favour of the people and the legacy of

the Chira was restored in festivity.

.

_ Save Canoli Canal Campaign:

Protection of Canoli Canal was a public concern of the people of Thanniam Panchayat in Thrissur

district for more than four decades. Their efforts were proved futile due overwhelming political

manipulations. Finally, the people’s council approached Jananeethi for the purpose. Jananeethi

with people’s active participation organized massive campaign and road shows and lastly filed

writ petition in the High Court. The court disposed the matter in favour of the petitioners.

_ Public Hearing on Kadalundy Train Accident:

Following the train accident at Kadalundy, Jananeethi had initiated a facts finding mission by

organizing a people’s court at the venue of the accident. A shadow report was prepared at the

end and was submitted to appropriate authorities. The proposals of Jananeethi were taken in

due seriousness and adequate compensation was granted to the victims/survivors.

_ Save Farmers Campaign, Wayanad:

Jananeethi in association with its local counter part, Neethivedi, organized psycho-social

therapeutic programmes in all 25 panchayats and Kalpetta Municipality of Wayanad District in

wake of increasing suicides among the farming community.

Jananeethi Report 96 NGIL Pollution

I think the environment should be put in the category

of our national security. Defense of our resources is

just as important as defense abroad. Otherwise what

is there to defend?

Robert Redford,

Yosemite National Park dedication, 1985

Our children may save us if they are taught to care

properly for the planet; but if not, it may be back to

the Ice Age or the caves from where we first emerged.

Then we’ll have to view the universe above from a

cold, dark place. No more jet skis, nuclear weapons,

plastic crap, broken pay phones, drugs, cars, waffle

irons, or television. Come to think of it, that might

not be a bad idea.

~Jimmy Buffet,

Mother Earth News, March-April 1990

When you defile the pleasant streams

And the wild bird’s abiding place,

You massacre a million dreams

And cast your spittle in God’s face.

~John Drinkwater

Participants in our study

The team interviewed and had extensive discussions with the following:

Representing NGIL:

1. Mr.D.Raveendranath,

Executive Director (HR & GA), Panampilly Nagar, Kochi 682036.

2. Mr.B.Shaji Mohan,

General Manager (Ossein Division), Kathikudam, Thrissur, Kerala 680308.

3. Mr.C.Srikumar

Head, Special Project, NGIL, Kathikudam, Thrissur, Kerala.

4. Mr.T.Vijayakrishanan,

Asst. General Manager, NGIL, Kathikudam, Thrissur, Kerala.

Representatives of the public:

1. Mr.Achuthan – farmer; has been active against pollution from 1994.

2. Mr.George, S/o Devassy, Thelakkatt, Head master, H.S.Thirumudikkunnu. Resides

close to the factory premises.

3. Mr.Prabhakaran, Employee, shipping line, Ernakulam, local resident

4. Mr.Appu Kuttikkatt, Secretary, Action Council; local resident

5. Mr.Sunilkumar, Daily labourer, local resident

6. Mr.Anilkumar, Convenor, Acton Council, local resident

7. Mr.K.K.Chandrasekharan, Action Council

8. Mr.Thomas, Farmer, local resident

9. Mr.P.C.Gopi, neighbour of the company; active in agitation from 1994

10. Mrs.Mary, w/o Xavier Thelakkatt, local resident, agriculturist

11. Mrs. Rosy, w/o Ouseph Thelakkatt, local resident

12. Mr.Pallichathan, retired from KCPL, local resident

13. Mr.Udayan, local resident, employee of the NGIL

14. Mr. & Mrs. Ayyappan, local residents

15. Mr. Palli, Mrs. Palli (Meenakshi), residing next to the wall of the factory

16. Mrs. Anitha, w/o Ajayan, local resident

17. Mr.Jofy Thelakkatt, s/o Ouseph, local resident

18. Mr.K.N.Narayanan, Kasamkottath Mana, resident of the river side.

And a host of people who are residing very close to the NGIL factory and were present at

the time of enquiry.

Jananeethi Report 98 NGIL Pollution

GOVERNING BODY OF JANANEETHI INSTITUTE

Dr.K.N.Panikkar : Chairman

Prof.K.G.Sanakara Pillai : Vice Chairman

Adv.George Pulikuthiyil : Executive Director

Dr.Francis Xavier : Secretary

Er.Paul Joseph Kattookaren : Treasurer

Dr.B.Ekbal : Director

Ms Anita Pratap : Director

Ms Vaishna Roy : Director

Mr. T.Haridas : Director

Dr.P.M.George : Overseas Director