Pandharpur wari
Justice Kolse-Patil (President, Lokshasan Andolan) and Banda Tatya Maharaj Karadkar in Pandharpur wari during Ashadi Ekadashi (July, 08)
Sunday, September 28, 2008
Tuesday, September 2, 2008
Do We Have Democratic Space?
STATUTORY WARNING : Speaking Against DOW is a Crime in our independent Country.
2nd September, 2008
Friends,
Authorities who are more committed to their masters namely the notorious US multinational Dow Chemicals are now applying usual tactics of harrassing the activists in different cases. On 25th July, when Banda Tatya Maharaj Karadkar led warkaris and destroyed the construction of Dow, the authorities had no courage to arrest Banda Tatya. They charged 44 villagers including Banda Tatya (the only warkari to be named in FIR). Since 25th July, they have been harassing 44 innocent villagers. Finally, 15 villagers who were arrested have got bail and rest of the villagers have got bail or anticipatory bail.
Now they have started targeting activists.
Shashi Sonawane (National Convenor, Yuva Bharat) i.e. myself, Rajendra Gaikwad (State Convenor, Yuva Bharat), Vijay More (Activist - Lokshasan Andolan) alongwith 4 villagers Shantaram Panmand, Vithal Panmand, Sunil Devkar, Ankush Ghanvat were charged for organising illegal protest meetings against Dow. We had to be released on bail. Yesterday we appeared before the court and got the bail.
It has once again proved that it the US multinationals like Dow Chemicals who are masters of our great nation and not the toiling masses. Speaking against Dow is a crime, organising peaceful, democratic protest meetings is a crime! but illegally started the construction of Dow on Village land which belongs to the village as per the land record is not a crime! Starting the construction without taking the mandatory permissions is not a crime! Not disclosing the information about the various hazardous chemicals that Dow intends to use is not a crime! Killing Vietnamese people is not a crime!
These are the desparate acts of the authorities to somehow start construction work of Dow. It is clear that Dow cannot and never shall be allowed to set its foot in our Land.
Shashi Sonawane (National Convenor, Yuva Bharat)
Yuva Bharat
Stri-Dasya, Jati-Varga Vyavastha Anta Ke Liye Samarpit Naujawanon ka Akhil Bhartiya Sanghatan
Monday, August 11, 2008
Dow Chemicals Quit India - Dehu meeting
Date - 10th August, 2008
Dow Chemicals Quit India
The notorious Dow chemicals was given a final call to quit India by thousands of warkaris who had gathered at a protest meeting on 9th August, 2008 at Dehu village, the birth place of Jagadguru Saint Tukaram Maharaj.
The villagers of Shinde-Vasuli and the surrounding villages have been fighting against the proposed plant of the notorious Dow Chemicals at Shinde. The construction work has been stopped by the villagers since 16th January, 2008.
The peaceful yet militant struggle led by Lokshasan Andolan has in the past 7 months seen many ups and downs. The democratically elected government both in the state and in the centre, has been consistently working for the vested interests of the notorious Dow Chemicals instead of safeguarding the life and property of its citizens which is its mandatory duty. It is because of this bias policy of the rulers in favour of the chemical company that the common grazing land of the village was handed over to the Dow Chemicals without taking any permission of the village panchayat. The company was given go-ahead without fulfilling the mandatory conditions as per the rules and regulations. The govt. for the sake of resuming the construction of the notorious Dow Chemicals has always tried to sabotage, suppress the peaceful and non-violent agitation of Lokshan Andolan led "Bhamchandra Dongar Bachao Warkari Shetkari Sangharsh Samiti" under the leadership of Justice B.G. Kolse-Patil and Com. Vilas Sonawane.
On 27th February, 08, Govt. through its massive police force tried to forcibly restart the construction work of the notorious Dow Chemicals violating the basic human rights of the villagers. To this villagers especially the women of Shinde retaliated by taking around 300 police personnel virtually as hostage. The police had to further mobilize force and finally in the midnight at around 1.30 am had arrested 143 villagers including 69 women and 16 children. Inspite of the terror tactics employed by the administration, the villagers of Shinde and of the entire Bhamchandra panchakroshi (area) strengthened their resolve to fight for their existence and oppose the notorious Dow company tooth and nail.
On 24th July, under the garb of an interim order from the Hon'ble High Court of Mumbai, the authorities in the name of protecting the property of the company (which was never disturbed by the villagers) and the life of their officials (who had hardly come at the site) tried to tried to terrorise the people and resume the construction of the company.
Since, the coming of the Dow chemicals in Shinde village is not only going to endanger the human, animal or plant life in the village or the panchakroshi, it is bound to endanger the life of the warkari sampraday who come in large numbers to the Dehu (which is 5 km from the site), Alandi (which is about 15 km from the site), it had become a matter of life and death for the warkari sampraday (sect). The warkaris had been continuously supporting the agitation led by Lokshasan Andolan and its constituent organizations like Yuva Bharat and Adivasi Hakk Abhiyan. On 23rd March, 08 on the 400th centenary year of Jagadguru Saint Tukaram Maharaj, the prominent warkari kirtankars, pravachankars and the leaders of the sect took an unanimous decision to throw Dow chemicals not only from the land of the saints but also from the country. Accordingly, since then, the warkaris have been actively supporting this struggle and they carried the propaganda amongst the common warkaris through their kirtans and pravachans.
Protection of one's life and property is the fundamental right of human being and nobody has any right to deny it. The responsibility of protecting this fundamental right to live is enshrined to the government. If the govt. does not take this responsibility then the people have every right to assert their right and protect the sacred land. Hence the warkaris, who had been strongly supporting this agitation were discontented with the ruling class' approach of serving the imperialist masters. The things had precipitated to such an extent that in Pandharpur, the warkaris wanted to stop even the chief minister who does the official pooja at Vithal Mandir during Ashadi Ekadashi from performing the pooja unless and until the govt. declared the withdrawal of Dow's project from the sant bhoomi. This was an early warning given to the shameless rulers to rectify their misdeeds of endangering the life and property of the people living the panchakroshi.
However, the ruling class has become the subservient partners of the imperialists hence instead of understanding the feelings of the warkaris and pacifying the sentiments of the warkaris continued to implement the agenda of the notorious Dow Chemicals. This was enough for the warkaris to act as per the teachings of their revered saints like Jagadguru Saint Tukaram and Dnyaneshwar Maharaj. Taking inspiration from Chatrapati Shivaji Maharaj the warkaris took the responsibility of destroying the construction work of the Dow Chemicals and on 25th July, 08 under the leadership of Banda Tatya Maharaj Karadkar, a renowned Kirtankar of Maharashtra completely destroyed the construction of the notorious Dow Chemicals.
Dow Chemicals Quit India
The ruling class is implementing the imperialist agenda in the name of liberalization, privatization and globalization. Due to the anti-people, anti-national policies like Special Economic Zones and other projects, the toiling masses are rendered landless and jobless. The struggle against Dow Chemicals symbolizes the struggle of the toiling masses for its existence, it symbolizes the fight against imperialism. The protest meeting of 9th August on the auspicious day of August Kranti Din, a day when Mahatma Gandhiji gave a clarion call of "Quit India" was organized by Lokshasan Andolan to give a final call to the Dow Chemicals to quit India.
On 9th August, 08 this protest meeting was organized at Dehu village the birthplace of Saint Tukaram Maharaj. Around 30,000 warkaris, peasants, villagers of the surrounding districts of Solapur, Osmanabad, Latur, Satara, Sangli, Ahmednagar, Nashik, Ratnagiri, Raigad, Thane, Mumbai had gathered on this occasion. These warkaris and peasants have been fighting the imperialists policies like SEZs and other projects of land grabbing. On this occasion, Badrinath Tanpure Maharaj explained the position of the warkari tradition vis-à-vis Dow Chemicals. He pointed out that the Dow Chemicals which has been rejected by many countries had no business to come here and the govt. should not have entertained this company. Inspite of this Dow Chemicals was brought here by the govt. to destroy the warkari sampraday. Warkari sampraday is known for its tolerance. But tolerance does not submission to injustice. Hence as per the teachings of the sampraday, the warkaris had to fight for the existence of the warkaris and peasants. Com. Vilas Sonawane, working President of Lokshasan Andolan explained the ongoing seven month long agitation against the Dow Chemicals. He pointed out that the water of the surrounding region going towards Solapur is already polluted and is unfit for drinking. The coming up of the Dow Chemicals, considering its past history is bound to affect the entire region thereby endangering the lives of the warkaris and peasants. The Dow Chemicals and its stooges namely the ruling class deliberately are trying to bring this plant at Shinde which is adjacent to Dehu. He exposed the fraudulent methods of the company and the govt. in bringing this plant at Shinde. The Dehu-Alandi area is a centre of warkari sampraday (sect) and has a long tradition of resistance against inequality and injustice. He pointed out that on one hand, the govt. had declared development fund for the Dehu, Alandi, Bhandara and Ghorada the pilgrim centers but they have deliberately excluded Bhamchandra Dongar from it to bring Dow Chemicals. He demanded that the development fund that has been sanctioned should be increased and Bhamchandra Dongar should also be included.
Satinath Sarangi who had come from Bhopal and has devoted his entire life in the struggle for justice to the victims of Bhopal Gas genocide congratulated the warkaris for destroying the construction work of Dow Chemcials. He pointed out that the Dow Chemicals has a criminal track record. It was forced to give compensation to the American people. However, it has always adopted the policy of duplicity. It took over the Union Carbide Corparation but has refused to give compensation to the victims. He said that for the past 24 years they had been continuosly fighting for justice but one great action of the warkaris has made a tremendous positive impact to the movement. He quoted the famous hindi phrase "Sau Sonar Ki Ek Lohar Ki!"
Justice Kolse-Patil, President of Lokshasan Andolan who had been spearheading this agitation appealed the warkaris to bring into practice the teachings of the saints. He said that for the seven months Lokshasan Andolan has exposed the fraudulent and notorious history of Dow Chemicals, it has also exposed the fraudulent methods employed in bringing this plant. Inspite of this the govt. authorities have been forcing this plant on Shinde. He challenged the authorities to bring forward the any one positive aspect of the Dow chemicals and convince the agitating people about it only then the Lokshasan Andolan would think about withdrawing the agitation.
Banda Tatya Maharaj Karadkar pointed out publicly that he had destroyed the construction of the company and all his colleagues who had destroyed this plant were present in the public meeting. He challenged the police authorites to arrest them. He said that the act of 25th July,08 may not be as per the traditions of the Sampraday, but it is definitely as per the teachings and philosophy of the warkari sampraday. On this occasion he sang a song on Bhagat Singh and said that when the question of motherland comes, then like Shaheed Bhagat Singh everyone has to take decision and act accordingly. He assured to the warkaris that the project of Dow Chemicals was gone. The authorities cannot at any cost start that project. He reiterated that the struggle shall not end with Dow Chemicals. He pledged before the gathering that he would fight alongwith Lokshasan Andolan against the imperialist policies like SEZs and other land grabbing projects.
On this occasion, Sandipan Maharaj Hasegaonkar of Satara, Bapusaheb More of Dehu Sansthan, Rajabhau Chopdar of Alandi Sansthan and other prominent warkaris expressed their solidarity to the agitation.
Sachin Shinde, President of Vyasan Mukt Yuvak Sangh conducted the meeting.
The public meeting ended with slogans of "Dow Chemicals Bharat Chodo" i.e. Dow Chemical Quit India and "Dow Hatao Desh Bachao".
Shashi Sonawane
National Convenor - Yuva Bharat
Sunday, July 27, 2008
बंडा तात्या महाराज कराडकर
Friends, We had already sent about the attempt to suppress the people's movement by the authorities। The authorities had conspired with the Dow Chemicals and in the name of giving protection to the company's construction site and the company officials who never come to the site mobilised massive police force brought ambulance, dead body carrier and fire brigade! Still due to intervention by Justice Kolse-Patil, the agitators allowed the company officials to enter the premise। On 25th July, 2008, in the morning around 500 Warkaris under the leadership of Banda Tatya Maharaj Karadkar march on to the Dow Chemicals construction site at Shinde Village and destroyed the compound gate and the meager construction that had come up till 16th January, 2008। The Dow chemicals proposed plant's construction work had been stopped since 16th January, 08 by the farmers and warkaris of this region who had organized themselves as "Bhamchandra Dongar Bachao Warkari Shetkari Sangharsh Samiti" under the leadership of Justice Kolse-Patil and Com. Vilas Sonawane. The agitation for the past 7 months has been peacefully and non-violently going on. Inspite of this, the authorities have been consistently trying to suppress this peaceful movement. The warkaris were discontented by the coming up of the Dow's project. They had supported the non-violent peaceful struggle. Recently during the Ashadi Ekadashi, the prominent leaders of the Warkari sect had appealed Chief Minister of Maharashtra to throw out Dow Chemicals from Maharashtra. The warkaris of Maharashtra cannot tolerate the coming up of the notorious Dow Chemicals in the Sant Bhoomi. Today, the discontent of the entire warkari sect of Maharashtra was channelised by the Banda Tatya Maharaj Karadkar and his followers who destroyed the company's compound and construction. He declared that the warkaris would not stop till the Dow Chemicals is thrown out not only from Maharashtra but also from the country. Hence the slogan "Dow Chemicals Quit India!" The warkaris have declared that the land on which the Dow's plant is proposed belongs to the Gram Panchayat a "Warkari University" in the name of Jagadguru Sant Tukaram Maharaj to preserve and propogate the Sant literature.
Banda Tatya Maharaj Karadkar soon after warkaris destroyed the construction of the Dow Chemicals' plant said, “This is village Shinde. Government is forcibly trying to bring Dow Chemicals in this village against the wishes of the villagers. We all oppose this Company. All the villagers of Shinde have opposed this company. This company is against our national interests and we shall not allow any kind of production of this company. Its production is not for well being of mankind hence this dangerous company has no right to come here. This is our firm belief and hence, government cannot go against our wishes. The villagers have been fighting against this company we warkaris have now extended our active support to this struggle. Henceforth, from today, entire warkari sampraday (sect) shall fight against this company and shall never ever allow this company to come up till then our struggle shall continue.”
Saturday, June 7, 2008
लोक न्यायालय
PEOPLE’S TRIBUNAL
Since
Kindly go through the Report.
Inquiry into proposed Plant of DOW Chemical Company,
PEOPLE’S TRIBUNAL
Consisting of
Justice G. G. Loney (Retd.) & Justice Suresh H. (Retd.)
I. Introduction
Under the Leadership of Lokshasan Andolan, “Bhamchandra Dongar Bachao Warkari Shetkari Sangharsh Samiti” was formed by the Villagers of Shinde – Vasuli of Taluka - Khed, Dist - Pune started a movement to oust the Plant, which was being constructed by the America based Multinational Company namely DOW Chemical Company. The Villagers started this movement from 16.01.2008 as soon as they learnt that the construction, which was till then nameless was undertaken on the land admeasuring about 100 Acres of Gairan (community grazing land) of the two villages namely Shinde and Vasuli. They also learnt that the construction, which had come upto the first floor was undertaken by the Company to manufacture poisonous chemicals, although the Company had not made known this fact for a long time and infact as stated earlier they had kept their name secret. The agitation continued and in the course of this agitation the Lokshasan Andolan, Lokayat and Lal Nishan Party (Leninist) decided to form a united front namely, “DOW Hatwa, Pune Wachwa Andolan” to widen the base of struggle so as to gather more support for the agitation. The Andolan decided to constitute a public tribunal for public hearing on the grievances of the people against the proposed Plant/R&D Centre of the Company and invited us to preside over this hearing. We accepted the call for public duty willingly.
II. Terms of Reference
The first sitting of the Tribunal was held at “Shramik Bhavan”, Pune at
* Whether permitting DOW Company to have its establishments in
* Whether DOW Company has violated provisions of Environmental Laws and other mandatory provisions pertaining to prevention of pollution.
* Whether DOW Company can be permitted to continue R&D for unknown products apprehended to be harmful to the living beings as shown by the history of the said Company.
* What are the reasons to select the site of Bhamchandra Dongar are for DOW Company.
* As this area is of historical significance and of rebellious tradition of Saint Tukaram Maharaj and as it is closer to Dehu – Alandi area, which is religious, and is a pilgrim Centre for secular warkari sect having 400 years old tradition of Saint Dnyaneshwar Maharaj and Saint Tukaram Maharaj it has become most important religious Centre. Hence, permitting DOW Company and adversely affecting the heritage, ancient monument and pilgrim Centres, whether affects provisions of the
* Was it proper and justifiable to give permission to install R&D Centre to DOW Company on Gairan Land of the Shinde village without obtaining prior permission of the Gram Panchayat and/or No Objection from the Gram Panchayat and if not, whether such permission can be directed to be revoked and cancelled.
* What was the role of the authorities and the Government Institutions particularly National Chemical Laboratory, Pune and MPCB in this matter and whether all the authorities and agencies have acted with due diligence while granting No Objection.
* As the present area where Shinde and Vasuli villages are situated around Bhamchandragad Dongar area, which is very close to SEZ area of Raigad District whether such permission is granted with ulterior motive for DOW Company.
* Whether action of the Police in suppressing people’s peaceful struggle, particularly women’s struggle was justified and whether higher officials have dealt with peaceful people’s resistances in proper and legal manner or not.
III. Procedure.
(i) Notices of the final hearing were directed by the Tribunal to be sent to the following parties.
* State of
* State of
* The Development Commissioner, (Industries), Department of Industries (Government of
* State of
* The Chairman, Maharashtra Pollution Control Board, Kalpataru Point, 3rd and 4th Floor, Opp. Cine Planet, Sion Circle, Mumbai- 400022.
* The Secretary, Ministry of Environment and Forest, Government of India, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi 110 003.
* Dr. R. A. Mashelkar (Chairman, Board of Governors, UICT and Director General Council of Scientific and Industrial Research, New Delhi, Anusandhan Bhavan, 2, Rafi Marg, New Delhi - 110 001.
* Prof. J. B. Joshi, (Director), Institute of Chemical Technology, (Autonomous), University of Mumbai, Matunga, Mumbai – 400 019.
* Prof. Bhaskar N. Thorat, (Chemical Engineering), Institute of Chemical Technology (Autonomous),
* DOW Chemical Company International Ltd, (Corporate Office) Unit No. 1, Corporate Park, V. N. Purav Marg, Chembur, Mumbai – 400 071.
* DOW Chemical Company International, Pune, (Pune – Global R&D Centre), 6th floor, Tower C, Panchshil Tech Park, New Don Bosco School, Yerwada, Pune 110 006.
* The Director, National Chemical Laboratory, Pune, Dr.
* The Sarpanch,
* The Collector, Dist. Pune, Pune.
* The Superintendent of Police,
(ii) Accordingly, the notices were served on the respective parties before the date of hearing, and the Tribunal held its sitting at the said venue on the dates mentioned above from
(iii) During the course of the hearing, the Tribunal examined 18 witnesses. Out of them 9 were from Shinde Vasuli and surrounding villages and 3 were experts and 6 Social activists. The Andolan was represented by two eminent Counsel namely Shri Sunil Dighe, Advocate from Mumbai and Shri Sunil Prabhu, Advocate from Pune. The witnesses gave their oral evidence (Annexure “A”) and also brought on record documentary evidence (Annexure “B”) and (Annexure “C”) like Gram Sabha Resolution opposing R&D Centre (Village Shinde) and 7/12 Extract, permission granted by Authorities to DOW Chemical Company, the Basel Convention on the Control of Trans-Boundary Movements of Hazardous Waste and their Disposal (1992), the Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration) (16.06.1972) environmental permissions, documents obtained under RTI Act etc.
IV. Summary of Evidence
(a) The Villagers of Shinde Vasuli (Tal – Khed, Dist – Pune) and surrounding area described significance of the area where DOW Chemical Company intends to install its R&D Lab. Shinde hamlet, close to Bhamboli in Khed, 7 miles west of Chakan, has within its limits, the hill of Bhamchandra Dongar. As one of the witness, Shri Madhusudan Maharaj (belonging to Warkari Sect) has pointed that there are some old
Further, it was pointed out that Saint Tukaram Maharaj transcripted his thoughts in regional local language spreading rebellious message around rural folks. The area assumes environmental significance as there is traditional dense forest, variety of species including rare species of Plants, Trees, Flowers, Bushes, Grass, Birds, Wild Animals and insects etc. are found. Thus, the area is also ecologically important. This was stressed by Madhusudan Maharaj who is residing near this area.
(b) Shri Shantaram Bapu Temghire (Ex-Sarpanch), Shinde Village stated that he became alert due to construction activities of DOW Chemical Company near Village and also realised that there is danger to his village as the Villagers of Kharab Wadi/(nearby Village) had latest experience of Yoshuka Chemical Company who dumped its chemical waste in the underground bores ultimately polluted the surrounding wells, streams and other water resources. The contamination was responsible for spread of all sorts of water bourn disease. He apprehended that R&D Lab of DOW Chemical Company may result in contamination of nearby Rivers, particularly
(c) Similarly, Shri Netaji Gade (Village Sadumbre) also feared adverse effect on agriculture, food production and livelihood of the people if R&D Centre is permitted. No transparency found in the activities of the DOW Company resulted in opposition of the Villagers.
(d) Shri Shantaram Maruti Panmand (Village Shinde) pointed out that
(e) Shri Sunil Deokar and Shri Sachin Deokar (Village Shinde) pointed out that when article was published in newspaper on 02.12.2007, they came to know about serious consequences if installation of R&D Centre of DOW Chemical Company is completed. The underground bores were dug up, which strengthened their suspicion about possibility of dumping of chemical waste in same and future contamination in the nearby area.
(f) Shri Sunil Khanolkar (Chinchwad, Pune) – Chemical Engineer and Social Activist was associated with the Bhopal Gas Victims Organisation (Jahreeli Gas Plant Sangharsh Morcha) 1984 onwards. He pointed out that the assets of the Union Carbide Company has been taken over by the DOW Chemical Company recently without any past liability. Thus, the assets are taken over but liability of about 5000 to 8000 tones of chemical wastage is abandoned. The Company’s past is black history and its activities are not transparent. In the Advertisement published in Pune informed about organic synthesis. Thus, there is possibility of production of hazardous chemical like halogenations of organic compounds. He gave illustrations about Doursban Chemical, which is banned in US. Such chemical elements and the products are not perishable/indissoluble/non-disposable. Hence, the Chemical Waste Management is permanent problem.
(g) Shri Arvind Govind Damle (Ex-employee of DOW Chemical Company, Lote Parshuram Plant, Chiplun) – he narrated his experience while employed as Accounts Officer between 1983 and 2000 period. DOW took over this Plant around 1995 period. Insecticides (agriculture) like Monocil, Doursban etc. were produced and distributed throughout
(h) Shri Moreshwar Patil also narrated his similar apprehension.
(i) Shri Popatrao Pawar emphasised that due to such pollution of Chemical Plant, the production of onion and potatoes as well as other vegetables will be adversely affected. The area as well known for large scale opinion and potato production. The right to livelihood of Villages as well as security of food will be seriously affected.
(j) Shri Subodh Desai – Pune, Ex-Scientist, NCL specifically stated that medical waste needs to be treated and then disposed of but there seemed to be no transparency in Chemical Waste Management as well as prevention.
(k) Smt. Alka Joshi (Social Activist), minutely gave the history DOW Chemical Company and how Agent
(l) Shri Deepak Kasale (Village Mandgaon) stated that in Chakan area where various Plants are under construction and in operation do not provide any effluent treatment plant. Therefore, all chemical waste is being dumped in surrounding area. This has caused serious health hazard to the Villagers.
(m) Shri Neeraj Jain (Social Activist – Lokayat) – he exposed the methods adopted by DOW Chemical Company for hiding the toxicity of its chemical. This was continuously attempted by the Company in order to avoid ban on its chemical products. It has never adopted any fair trade and manufacturing in the past. While giving example, he specifically emphasised on Report of DOW Chemical Company, 1964 showing increasing number of cases of miscarriage, deformed babies and deaths due to hazardous and toxic effect of the products of DOW Chemical Company. Hence, he concluded in the absence of any transparency and taking into account the history of DOW, innocuously setting up only R&D facility in this area is a hoax and cannot be believed at all.
(n) Shri Vilas Sonawane (Bhamchandra Dongar Bachao Warkari Shetkari Sangharsh Samiti and working President of Lokshashan Andolan) explained how the Organisation came into picture in this struggle in the month of January 2008. The apprehensions of leading Villages was based on the past experience of
(o) Smt. Vasanti Nalawade, Vice President – Jijau Brigade stated that the Resolution of Gram Sabha (Shinde) against DOW Chemical Company is required to be given effect and no permission for DOW Company to be granted.
(p) Smt. Padma Shirole, Advocate condemned Police repression on the Villages in general and women in particular. Just because of peaceful resistance of women, the ruthless repressive Police machinery became ineffective.
(q) Shri Prataprao Borde (Agricultural Expert (Retd) – Rallis India Limited – Agro-Chemical Division), he referred to and relied upon important thesis published by Chandre Gould in
(r) Smt. Vinita Deshmukh (Editor – Intelligent, Pune Weekly) pointed that on 22.01.2008, Press release of DOW Chemical Company mentioned about Chief Minister,
V. On perusal of the oral and documentary evidence the Tribunal found the following facts.
(a) The DOW Chemical Company hereinafter referred to as the Company, has its headquarters in the State of
(b) In the year 2001, it also purchased the Union Carbide Company, which has its Plant in
(c) Today no less that 20,000 people are forced to drink this polluted water in the absence of any alternative. Even the breast milk finds in it the poisonous substances and the children born suffer from all sorts of genetic and other disabilities. However, the Company i.e. the DOW Chemical Company even after becoming the owners of the Union Carbide has disowned all the liabilities of the purchased Company and has refused to pay any further compensation to the members of the dead or to the maimed and disabled people and also refuses to remove the hazardous chemical waste left behind.
(d) It may be noted in this connection that the noted Industrialist of this country Shri Ratan Tata in his capacity as the head of the Indo-US Business Council had offered to the Central Government that the Indian Industry led by him may be allowed to pay for the clean-up in order to take the legal liability “Off DOW”. (Annexure “D” Times of
(e) The evidence further shows that the Company had bribed the Indian officials in the amount of Rs. 80 lakhs for getting three insecticides registered in
(f) It has also to be noted that on 21.08.2007, the Central Bureau of Investigation (CBI) conducted raids in six cities including De-Nocil’s headquarters in Mumbai, offices of Crop Health Products and Agro Pack in
* Agent Orange, which has affected 2-5 million people so far all over the world.
* Napalm used for chemical warfare affecting tens and thousands of people all over the world and particularly in Vietnam war by the US.
* Dioxin, which affected more than 8000 people in
* Dursban, which is a universal poison, has affected millions of people all over the world.
* 2-4-5-T and 2-4-D insecticides, which have affected thousands of people so far.
* Silicone and breast implants, which has so far affected no less than 1,76,000 women.
* Vinyl Chloride exposure to which has affected thousands of people.
(g) The manufacture, sell of most of these chemicals is banned in the
(h) The Company is now a confirmed offender. It goes to the extent of selling its products by bribing the officers in their respective countries and breaking the local laws. In order to sell its products it has been employing propagandists and bribing even the so-called experts in the chemical laboratories of the respective countries and obtain favourable Certificates. It is against this record of the Company that we have to examine the grievances of the people against the establishment of its Unit in Shinde – Vasuli area. It appears that several authorities have played their dubious role in helping the Company to start the construction of its present unit as the evidence, which has come on record pointedly brings out.
1. The Central Government: –
(a) The report published in the website of Times of India namely the Indiatimes dated 28.04.2008 and the report published in Asia Times states that the Cabinet Secretary note of April, 2008 was categorical about the removal of the legal hurdles in the way of the DOW Chemical Company. As per this report, the Cabinet Secretary note states, “Given the scope for future investments in the sector, it stands to reason that instead of continuing to agitate these issues (DOW’s legal liability) in court for a protracted period, due consideration be given to the prospect of settling these issues appropriately. An important aim is to remove uncertainties and pave the way for promoting investments in the sector.”
(b) It is to be noted here that the earlier Cabinet Secretary note dated 06.04.2007 expresses the position of the Government as follows: - It states, “The point raised by the Minister of Commerce & Industry is that while the legal liability of the Company can in the context of the PIL continue to be adjudicated in court, at the same time, the interest evinced by DOW Chemical Company in investing in India should be kept in consideration. The Minister has suggested that the matter be looked at with a view to sending an appropriate signal to DOW Chemical Company, which is exploring investing substantially in
(c) The note further states that the Ministry has proposed that a Group under the chairmanship of Cabinet secretary look into this matter in a holistic manner as was done in the case of the Dabhol Power Corporation.
2. Government of
(a) When the information was sought from the Government regarding the present Plant of the Company, the Government disclosed a one line Memorandum of Understanding (MOU) with the Company. The MOU stated that, “the Plant was for manufacture and research”. The MOU did not disclose as to what was going to be manufactured and researched. It may be noted that when the second copy of the MOU was supplied to the activists by the State Government, the copy omitted the word “manufacture” from the so-called MOU.
(b) When other activists tried to seek MOU through RTI, they were denied the same taking shelter behind the sections 11(3) and 8(1) (a), (d), (e) of RTI. Therefore, there is a grave doubt as to what exactly was and is the MOU between the Government and the Company. It is also clear that the Government is acting with duplicity and is misguiding and misleading the people, which is an offence under the RTI Act.
(c) The construction at the site started on 17.09.2007. No board disclosing the name of the Company namely DOW Chemical Company was displayed even at that time. However, the Chief Minister of
(d) The Plant was being constructed by the Rohan Constructions whose partners are close kins of a powerful politician in
3. Maharashtra Industrial Development Corporation (MIDC)
(a) Although the Maharashtra Industrial Development Corporation (MIDC) does not own the Gairan land or has any connection with it in any other manner, the MIDC purport to hand over the said land to the Company on 09.04.2007. This inspite of the fact the said land continues to be classified as “Gairan” till date in the revenue records as per the 7/12 extract supplied by the Revenue Department.
(b) The point to be noted here is that the Company had applied to the MIDC for allotment of land on 22.09.2006 and the CEO of the MIDC on the same letter has stated that, "This is a prestigious project. Just get it examined from pollution point of view and put up in 7 days by October 3." In its Application to the MIDC the Company had not disclosed as to what it was going to do on the said land. It is therefore difficult to understand as to how the so-called prestigious project could have been examined by anyone from pollution point of view. It however appears that the CEO of MIDC was in a hurry to give land (even though it did not belong to the MIDC) to the Company as early as possible. This is further proved by the fact that in another file noting the same CEO on 10.10.2006 has noted as follows : “This is with reference to the Application of DOW. Please discuss. This is urgent. Ask RO, Pune to submit a report in two days about DOW.” Thereafter, the “Gairan” land was handed over by the MIDC to the Company on 19.04.2007 and as stated above without the permission of the Gram Panchayat. This shows that not only MIDC acted in a hurry but also acted illegally.
4. The
(a) The Company’s Application dated 27.04.2007 to the Maharashtra Pollution Control Board (MPCB) did not disclose details of its project namely as to what chemical products it was going to use or manufacture. The MPCB promptly gave permission to the Company for starting “Chemical manufacturing unit” through its letter dated 19.10.2007. This also shows that the Memorandum of Understanding between the Government and the Company was for establishing “chemical manufacturing Plant”. It also further shows that neither the State Government nor the MPCB had cared to know what chemicals were to be manufactured by the Company. Either they knew it and deliberately concealed it from the people or they were so irresponsible as not to take note of it.
(b) It must be noted in this connection that the MPCB has to act independently and take its decisions in the best interests of the people and to save them from the effects of any pollution created by the acts of any individual or institution. Surrendering its judgment and authority, the MPCB in this case however not only acted slavishly but also as per the directions of another authority namely the MIDC. The question that legitimately arises from this conduct of the MPCB is whether it can ever be trusted in the circumstances for carrying on its solemn statutory duties and obligations and whether the Certificates it issues can ever be trusted.
5. The Tree Authority :-
(a) The evidence on record further shows that the Company destroyed about 6000 trees standing on the said land for years together and the Company had not taken any permission from the Tree Authority to slaughter the trees. The fact that no permission was taken from the Tree Authority, which it was mandatory for the Company to take is fully supported by the evidence produced by the Gram Panchayat. This is not a singular instance as the reports appearing in the news papers time to time show.
(b) It is reported that within six years i.e. from 2001-2007 no less than 55,000 trees were slaughtered in Pune alone out of which more than 9000 trees were slaughtered without any permission. This shows that the unauthorised cutting of the trees is not without the connivance of the Tree Authority. Or else, either the Tree Authority is remiss in its duties or is a party to the unauthorised cutting of the trees.
6. National Chemical Laboratory (NCL) :-
(a) A query was made to the National Chemical Laboratory (NCL) as to whether any permission was sought by the Company for starting the said Plant. The answer from the Dy.Director, Dr. B. D. Kulkarni of National Chemical Laboratory (NCL) was that they had given their No Objection Certificate for the Plant without going through the Project Report. This was also told by the same Dy.Director of NCL to the reporter of the Indian Express as reported in the Pune edition of the Indian Express on 27.01.2008.
(b) It is interesting to note in this connection that the Company had issued a Press release dated 22.01.2008 in which it had stated that the NCL had given its No Objection Certificate to the Plant. To this Press release, the Company had annexed the No Objection Certificate signed by the same Dy.Director of NCL, namely Dr. B. D. Kulkarni. The Certificate, which is dated 22.01.2008 (the very date on which the Press release was issued by the Company) is as follows:
“To Whom It may Concern – National Chemical Laboratory (NCL is aware that DOW Chemical Company International Company is setting up R&D Centre at Shinde in Chakan. We have seen the Project Report and believe that the Centre will conduct core R&D, which will dedicate activities to basic research and not to manufacturing. NCL is very happy that DOW is setting up this Centre over here, which will provide lot of opportunity to the qualified chemical workforce in the pursuit of advancement of science.”
(c) This shows that firstly the Dy.Director had issued Certificate on 22.01.2008 without reading the Project Report as reported in the Indian Express dated 27.01.2008. Secondly, it is mysterious as to how the Company came to release the press report on 22.01.2008 i.e. on the very date on, which the Dy.Director of NCL had issued the above mentioned Certificate. It was for the said Dy.Director or anyone from the NCL to come and explain as to what circumstances had the very same Dy.Director had made to the same statement to the Indian Express reported on 27.01.2008. A Notice was issued to the NCL of the present public hearing, which they have duly received. The explanation of the NCL and the Dy.Director was particularly necessary when neither of them had denied the report appearing in the Indian Express of 27.01.2008. We are therefore constrained to observe that if this is the state of affairs of the Certificate issued by the NCL and its responsible officers it will be difficult to rely on them and the truth of the said statement.
7. The Commencement of the Agitation by the Villagers :-
(a) As the oral deposition of the Villagers shows, when the construction was started on the 14.09.2007 the Villagers did not know anything about the purpose to which the construction was undertaken and at whose instance it was undertaken. During the Ganesh Festival, which started thereafter, the Villagers met some persons who were present at the site of the construction and questioned them about the purpose of the construction and the person/persons at whose instance it was started.
(b) The persons present informed that it was only ordinary construction and there was nothing unusual about it. They did not disclose the name of the Company or the purpose, which the construction was being made. The construction continued uninterruptedly thereafter. However, on 02.12.2007 a news report appeared in the local press, which for the first time informed the Villagers that the construction was of DOW Chemical Company. Apprehending danger of the construction to them, the Villagers approached Shri B. G. Kolse-Patil (former Judge of Bombay High Court) and Shri Vilas Sonawane at Bhamchandra Dongar where they were holding a meeting of the local Villagers and the warkaris. The Villagers apprised them of the construction undertaken by the DOW Chemical Company in their village. On hearing it, Shri Kolse-Patil and Shri Vilas Sonawane apprised the Villagers the danger of the Company since the DOW Chemical Company was a notorious Company manufacturing hazardous and poisonous chemicals. They also informed the Villagers that the DOW Chemical Company was the present owner of the Union Carbide Company, which was responsible for the Bhopal Gas Disaster. The Villagers therefore became alarmed and apprehensive about their life and livelihood and initiated the movement for ousting the Company and its Plant from their village.
(c) On 16.01.2008 they organised a protest meeting and formed the “Bhamchandra Dongar Bachao Warkari Shetkari Sangharsh Samiti” to carry on the agitation. As a result of the agitation, the further construction work was stopped. They organised rallies, demonstrations. Thereafter, the Collector, the Deputy Collector, Deputy Superintendent of Police met the Villagers and tried to persuade them to not to oppose the construction of the Plant. But the Villagers did not relent and continued their struggle.
(d) On 06.02.2008, the Government set up a “High Level Expert Committee” comprising of Secretary/Principal Secretary (Environment), District Collector of Pune, Deputy Superintendent Of Police, the CEO of the Maharashtra Industrial Development Corporation (MIDC), Director of National Chemical Laboratories (NCL), Representative of Maharashtra Pollution Control Board (MPCB), Director of University Institute of Chemical Technology, Mumbai (UICT). It is to be noted that out of these organizations three of them namely MIDC, MPCB and NCL had been consistently supporting the interests of the DOW Chemical Company. And the Government itself sponsored the DOW Chemical Company Plant and had already given permission to it. Therefore, no impartial enquiry was expected from this Committee.
(e) Inspite of this, the Villagers under protest participated in the second sitting of the said “High Level Expert Committee” through their Representative and submitted their objections. As expected, the Committee ignored the objections of the Villagers and gave clearance to the Company’s Plant by its Report dated 18.03.2008 on the following important conditions :-
* All safety precautions and environmental clearances as per the revised consent note of MPCB.
* Onsite and offsite plan in case of accident. For offsite plan – 25 km radius around the Plant has to be considered.
* Raw material and finished product will not be changed for which an Affidavit has to be given.
* Give a vision statement regarding probable end product of the research.
* Before commissioning the Plant, expert committee comprising officials of MIDC and MPCB, director of industrial safety and health, scientist from UDCT and IIT Powai to review.
* No Objection Certification has been given for re-starting construction activities of DOW at its Chakan Plant.
(f) This shows firstly, that when the Government of Maharashtra had given its first clearance without any conditions, which the committee feels necessary. This also shows non-Application of mind on the part of Government when it gave its permission. Secondly, even according to the Committee the end products of the research are not yet known. Thirdly, the Committee’s observations show that in case of accident at the Plant, an area of no less than 25 km will be affected and that area has to be safeguarded, which condition endorses the stand of the Villagers taken by them from the very inception against the Plant.
(g) In this connection, it is worth noting that the MPCB whose earlier No Objection Certificate allegedly given on 19.10.2007 is not on record, had given its “revised consent” on 12.03.2008 to which reference is made in the “High Level Expert Committee” report of 18.03.2008. It however, appears that the earlier consent given to the Company by the MPCB was to “manufacture chemicals” and in its revised consent that has been given after the agitation started, it gives consent to “research and development only”. The revised consent has been given to the Company with conditions such as :-
* The revised consent has called for an undertaking from the Company that it would not use any chemicals banned by the Government of India.
* The Company has to submit a comprehensive Environmental Impact Assessment Plan.
* The Company shall monitor the ground water quality within the vicinity of 5 kms area, every month.
* The Company shall submit the details of Material Storage Details Sheets (MSDS) of various chemicals intended to be used by it, process flow diagram, safety devices and safety measures as well as ‘HAZOP’ studies of the various chemical processes.
* The Company shall obtain statutory permissions from the office of Directorate of Industrial Safety and Health Services, Department of Explosives.
(h) This also shows that although MPCB had given consent earlier to the Company to manufacture chemicals, it had not cared to put the above mentioned restrictions on the Company for the manufacture of the chemicals. It further shows that the consequences are likely to happen even from the so-called Research and Development Plant. However, since there are no measures suggested or available to prevent their occurrence, the people are left to their faith to suffer them when they occur. And the Government, the MPCB and the authorities are fully aware of this potent man-made disaster.
8. Attempts by the Company to misguide the people :–
(a) During the agitation of the Villagers, for some days the Company was giving continuously full page advertisements in local newspapers in which it was represented that the Company was not going to manufacture any products but was going to make only research at the said Plant.
(b) However, it concealed two facts namely that it applied to the Government and the MPCB and all other agencies for manufacture of chemicals and secondly, that it had already dug many bores of about 200 ft deep with underground cavities to dispose of the chemical waste produced in the so-called “laboratories”. The depth of the bores and the cavities underneath run parallel to the flow of the water from the River Sudha, which is approximately 1.2 km away from the said Plant. It has also come in evidence that a small dam known as “Jadhav wadi Prakalp” is about half a km away from the Plant and the chemicals discharged from the Plant into the said bores and ducts are bound to mingle with water of that dam as well. The inevitable result would be that the chemicals would mix with the flow of the river as well as the dam. The river Sudha is an important tributary of the River Indrayani, which flows from that area, thus affecting the human, animal and Plant life wherever the river flows.
9. The Agitation of the Villagers and the intervention of the Police:
(a) The Villagers’ agitated against the construction of the so-called Plant peacefully and non-violently and had stopped the construction work at the site since 16.01.2008. The Company tried to resume the construction work at the site under the police protection. At the midnight of 27/28.02.2008 at 1.30 am, in order to terrrorise the people into submission, the police arrested about 143 Villagers including 69 women and 16 children and took them into police custody thereby violating the basic human rights of the Villagers. They were released the next day. The people however were not deterred by this Police terrorism. On the other hand, their determination to fight the injustice was doubly strengthened.
(b) The struggle of the people has continued more vigorously and resolutely till this day. Although there is an apparent lull in the atmosphere at present, it is only on the surface. It appears that the Company in collision with the State machinery has been trying its best through all the means possible to sabotage the people’s struggle. It is instructive to note that in this struggle the women are on the fore-front throughout.
(c) From the oral evidence given by the Villagers, we notice that they were considerably agitated over the establishment of the Plant by the Company. Taking into consideration the lies dished out by the Company and the pre-varication of the Government and the institutions such as MIDC, MPCB, NCL with regard to the establishment of the Plant and the actual activity, which will be carried out there, the Villagers have lost all faith in them. Their lack of confidence in them i.e. the Company and the Government machinery is supported by the history of the Company so far and the Government’s tacit support to the Company through various deceptive means and the lack of transparency.
(d) It is in the light of this evidence, which has come on record and which was alluded to above that we have to answer the issues raised by the Terms of Reference. As has been pointed out at the outset, although sufficient individual notices and public notice was given to the Company and the Governments and the other authorities, none of them except MPCB Representative had cared to remain present and place before us their say in the matter.
(e) Even the MPCB who had sent its Representative did not care to place its say before us and although the Representative had undertaken to submit its written say within 8 days, no such say has been forwarded to us till this day. The evidence laid before us by the Villagers, the experts and the social activists thus has gone unchallenged. We have carefully perused both the oral and documentary evidence and record our findings as follows on the Terms of Reference.
Reference Term No. 1
Whether permitting DOW Company to have its establishments in
(a) The evidence on record shows that although the Company says it is not going to manufacture any chemical product, its history and its pre-varications in the present case itself do not create any confidence in its protestations. It is the biggest US based multinational Chemical Company next only to DuPont. It operates 181 Plants in 32 countries producing over 2000 chemicals, plastics, pesticides and herbicides. In this country itself it has its 4 subsidiaries namely DOW Chemical Company (India) Private Ltd., DOW Chemical Company International Private Ltd., Anabond Essex India Private Limited and DE-NOCIL Crop Protection Ltd. It bribed the Indian officials namely the Central Insecticides Board and Registration Committee (CIBRC) including its Director of licensing committee Shri R. L. Rajak to the extent of Rs.80 lakhs for getting licence for the manufacture of its three chemicals namely Pride (NI-2s), Nurelle-D and Dursban 10G. And it has admitted its guilt before the US Security and Exchange Commission and has been fined by the said Commission for its said offence.
(b) It has also come on record that in this connection, Central Bureau of Investigation (CBI) had raided the offices of the Company on 21.08.2007. This shows that the Company does not observe any ethics in conducting its business but also goes to the extent of breaking the law of the land in search of its profits. Most of these banned products, which it has been producing and selling in this country are undoubtedly hazardous and poisonous and are dangerous to human and all animal and Plant life.
(c) The Company as well as the Government have been exposed with regard their false representations to the people as to the nature of the activity, which is to be carried out by the Company in the present Plant. In the first instance, when the Government of Maharashtra were called upon to furnish the MOU entered into by it with the Company, it furnished the MOU with one line content stating that the Company was to manufacture and research into the productions of chemicals, which were not mentioned in the MOU.
(d) The MOU furnished to another social activist by the State Government however omitted the word, “Manufacture” and merely stated that the Company was to research into the production of chemical products. It may be noted here that the second MOU was furnished after the agitation had already started against the establishment of the Plant. This shows the collusion between the Company and the Government in hiding the actual nature of the activity to be carried on in the Plant. As pointed out earlier, the MPCB had infact given permission to the Company to manufacture chemicals, which again were not specified, which also show that the Government and the authorities were playing an obviously dubious role in the matter.
(e) Secondly, even assuming that the Company is only to make research in the chemical products, which are also not specified, it is an undeniable fact that the Company has dug several bores with underground cavities upto the depth of not less than 200 ft. This is undoubtedly for burying the waste from the production of the chemicals, which is sought to be researched into. It means that even while making research there will be a considerable production of chemicals, which needs to be buried that deep.
(f) It is not disputed further that at that depth the water from the river Sudha and the water from Jadhav wadi dam will be flowing and the buried chemical waste will mix with it. This waste will further mix with the water of river Indrayani. The entire water will carry the waste wherever it flows thus affecting the natural life in its stride. It will also affect all human beings who live in the surrounding area. The Bhopal Gas Disaster experience shows that once the water gets contaminated it will lead to innumerable increase in diseases for generations to come.
(g) Thirdly, even till this day, the Company has not disclosed as to in which chemical products it is going to make research into. Therefore, the people are being kept in dark even about its so-called research work. If the Company has no malevolent intention, there is no need for it to keep this information secret from the people. What is more, the Company has not taken permission of the Gram Panchayat for starting the Plant and for making the so-called research into the chemical products at that Plant, which it is mandatory for it to do.
(h) The permission obtained by the Company from the MPCB is phony in as much as it is given at the direction of the MIDC and without Application of its independent judgment. Neither the MIDC nor the MPCB even till this day know as to which products the Company is going to manufacture or research into. The Dy.Director of NCL who has given No Objection Certificate to the Company has openly admitted that he has given the Certificate without knowing the details of the project undertaken by the said Company.
(i) As regards the Central Government its role in encouraging the Company to start the Plant is doubly dubious for as the evidence on record shows it is only interested in inviting the Company’s investments in the country without caring to know what the purpose of the investment. Worst still, in its enthusiasm to invite investments from the Company it is prepared to ignore the role of the Company in refusing to mitigate the consequences of the gas leakage from the Union Carbide in 1984 although it has bought the said Company and although the litigation with regard the same is still pending in the courts. These facts, which are undeniable more than prove that not only the Company is playing a dubious game in its craze for profits but is unmindful of damaging and destroying the human, animal and Plant life for earning more and more profits.
(j) The answer to the first Term of Reference is therefore, that the Plant of the DOW Company in the Shinde –
Term No. 2
Whether DOW Company has violated provisions of Environmental Laws and other mandatory provisions pertaining to prevention of pollution.
(a) The MPCB was called upon to answer this Term of Reference since alongwith the notice the copy of the Terms of Reference was also forwarded to them. As pointed above, the Representative of the MPCB who came to the hearing on the next day i.e. 20.04.2008 did not disclose his identity till the Tribunal concluded its proceedings. When he did so at the end of the proceedings the Tribunal requested him to send his written submissions in the matter within a period of 8 days. So far no such submission has been received from the MPCB.
(b) The evidence on record shows neither the Government nor the MPCB till this day know what chemical products the Company is going to manufacture or research into. The Company has also kept it a guarded secret. Yet the Government and the MPCB, NCL have cleared the activity of the Company at the said Plant. But the digging of several bores all around the Plant with underground cavities/ducts upto the depth of 200 feet shows that the Chemical that would be produced even for the so-called research are so dangerous and poisonous that they have to be buried underground that deep. But even the underground cavities would not prevent and would inevitably carry the chemical waste into the water into the adjacent river Sudha and Jadhavwadi dam and thence to the water to the river Indrayani. Thus, wherever the said water flow they will inevitably carry the same chemicals and create hazards for all human, animal and Plant life. It is thus clear that the Company would be violating all environmental laws.
(c) There is nothing to show that the Company has obtained any Environmental Clearance under the Environmental Protection Act, 1986. The requirement of public hearing and Environmental Impact Assessment Report has not been complied with. The law frowns upon any kind of pollution whether it is air, water or land. The dumping of hazardous waste, may be of a depth of 200 ft. is bound to affect water sources and it is bound to affect human life as also animal life.
(d) In the case of M. C. Mehta Vs. Union of India (1987), 1 SCC 395 : AIR 1987 SC 1086, the Supreme Court of India has directed to treat chemical industries as hazardous and scrutinise their establishment and functioning more rigorously. We have scrutinised rigorously the evidence on record and all the surrounding facts and as pointed out above, the criminal and dubious role the Company, which has played so far while seeking permission to establish the present Plant. It has also pointed out as to how the authorities namely the Central Government, the State Government, MIDC, MPCB, NCL have discharged their role in the most discreditable manner, which leave much to be desired by the people.
(e) Moreover, the Supreme Court has repeatedly stated that one of the major principles in Environmental Law is what is known as precautionary principle. It requires the Government to take preventive measures wherever pollution is like to occur. It has also laid down what is known as Trans-generational equity principle, and also the doctrine of Public Trust. Under the later principle, all common resources such as land, rivers, forests, mangroves, air etc. are all held by the State not for itself but in Trust for all citizens in common. Therefore, it is wrong to assume that the State can deal with these common resources, as they like, without any reference to the people. The transgenerational equity principle casts an obligation on the State that all natural resources of the earth including the air, water, land, flora and fauna, must be safeguarded for the benefit of the present and future generations (the Declaration of the United Nation Conference on Human Environment/Stockholm Declaration – 16.06.1972). For example, the
Term No. 3
Whether DOW Company can be permitted to continue R&D for unknown products apprehended to be harmful to the living beings as shown by the history of the said Company.
(a) This term stands impliedly answered by what has fallen from our pen so far. The history of the Company, its performance and the banning of its products in other countries including the United States, which is its parent State, the non-transparent conduct of the Company, its specialization in the production of dangerous and poisonous chemicals and gases, and their consequences as experienced in Bhopal, and the non disclosure by the Company even till this day of the precise products, which it is going to manufacture or research into and the Company’s criminal record, such as local Government officials bribing for registering its dangerous chemicals for manufacture and sell all lead to only one conclusion, namely, that the Company is engaged in production of hazardous chemicals and gases, which are harmful for all living beings and all natural life.
(b) If the products were not dangerous and banned in other countries there is no reason to bribe the authorities/officials of this country for registering the same for manufacture and sell. Hence, the Company under no circumstances should be allowed either to manufacture or research into the chemicals at the said Plant or at any other Plant in the country.
Term No. 4 and Term No. 8
What are the reasons to select the site of Bhamchandra Dongar are for DOW Company – And - As the present area where Shinde and Vasuli villages are situated around Bhamchandragad Dongar area, which is very close to SEZ area of Raigad District whether such permission is granted with ulterior motive for DOW Company.
(a) Both these Terms of Reference Centre around the question whether there was any ulterior motive by the Company to start their Plant at the said site, the ulterior motive being to destroy the pilgrim Centres of Dehu – Alandi area. No plausible evidence has been placed on record by any of the witness on that behalf. Therefore, it is not possible to come to any conclusion on these two issues, which we have clubbed together.
Term No.5
As this area is of historical significance and of rebellious tradition of Saint Tukaram Maharaj and as it is closer to Dehu – Alandi area, which is religious, and is a pilgrim Centre for secular warkari sect having 400 years old tradition of Saint Dnyaneshwar Maharaj and Saint Tukaram Maharaj it has become most important religious Centre. Hence, permitting DOW Company and adversely affecting the heritage, ancient monument and pilgrim Centres, whether affects provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Maharashtra Heritage Conservation Committee Regulations, 1955.
(a) Although, the provisions of the said act do not come into picture in the present case, the area in question has to be protected from any kind of pollution and environmental destruction for the following reasons : -
(b) One of the few places, which have been for years, the Centre of pilgrimage, is the Dehu – Alandi area. Alandi is revered on account of the fact that Saint Dnyaneshwar Maharaj a much revered son of the soil took his Samadhi at that place more than 700 years ago and there stands till date the said Samadhi. Lakhs of pilgrims and tourists have been visiting the Samadhi for years together. Even Saint Tukaram Maharaj was one of the pilgrims to the Samadhi during his lifetime. Dehu, which is a distance of 10 -12 km from Alandi is the birthplace of Saint Tukaram Maharaj, another most revered saint of the land. It is here that Saint Tukaram Maharaj spent his life and also did the most valuable work of enlightening the people by composing lakhs of quartets or “Abhangas” and preaching in common man’s language. It is here that he had undertaken a fast unto death in defence of his right to enlighten the people when his “Abhangas” were confiscated by the Brahmins of that time. He is the first “Satyagrahi” of the world who had tried to defend his right to freedom of speech and expression.
(c) It is for this reason that for the last about 400 years the people have been venerating Saint Tukaram Maharaj and lakhs of people visit this place every year both as pilgrims and tourists. Thus, the whole area surrounding Dehu and Alandi has become the most sacred place for the people. With the coming up of the DOW’s Chemical Plant even if it is for the so-called research, the water, air, and the earth around is bound to be polluted with poisonous gases and chemicals affecting not only people in this area but also the lakhs of pilgrims and tourists visiting this area throughout the year. In the course of time these two Centres of pilgrimage will be completely wiped out on account of the pollution and destruction of environment of the said Plant. It is also for this reason that the establishment of the said Plant, which is close to the said pilgrimage area has to be prohibited.
Term No. 6
Was it proper and justifiable to give permission to install R&D Centre to DOW Company on Gairan Land of the Shinde village without obtaining prior permission of the Gram Panchayat and/or No Objection from the Gram Panchayat and if not whether such permission can be directed to be revoked and cancelled.
(a) It is a fact that the Company has not obtained any permission from the Gram Panchayat to install its said Plant on the Gairan land of the Shinde – Vasuli village nor has the Gram Panchayat given its “No Objection” to the said Plant even otherwise. Under the provisions of the Village Panchayat Act it is obligatory to obtain prior permission from the Gram Panchayat for anyone to start any industry, business, R&D Plant and so on from the Gram Panchayat.
(b) It has also come on record that not only the gram Panchayat of Shinde village did not give any permission but the said gram Panchayat Shinde village and its gram Sabha and the gram Panchayats of all villages in the area of 25 km around after learning that the DOW Company was establishing such Plant have passed Resolutions opposing the coming up of the said Plant.
(c) In the circumstances, it was a clear violation on the part of the State Government to give permission to the Company to start the said Plant at the said site. It is obvious from the conduct of the Government that the Government itself is not abiding by the laws, which it enacts and which are binding on it and thus has been throwing the rule of law to winds.
Term No. 7
What was the role of the authorities and the Government Institutions particularly National Chemical Laboratory, Pune and MPCB in this matter and whether all the authorities and agencies have acted with due diligence while granting No Objection.
(a) In the narration of evidence on record, the role played by the different authorities has already come on record. The Central Government has been only interested in foreign investments by the foreign companies without caring to know as to where and for what purpose the foreign companies are investing.
(b) As the Notings of the Prime Minister’s Office (PMO) reveal, the PMO has even directed that the legal cases against DOW Company pending in the courts particularly with reference to its liabilities pursuant to the Union Carbide Disaster in Bhopal in 1984 should be ignored and should not come in the way of allowing the Company in making fresh investments in this country. There is therefore reason to believe that even the present Plant is being positively encouraged by the PMO.
(c) As regards the Maharashtra Government it has been indulging in duplicity and misleading the people with regard to this Plant all along. As the evidence shows the copy of the MOU between the State Government and the Company, which was first supplied clearly mentions that the Company was given a go ahead to manufacture the chemicals. However, the copy of the MOU furnished later omitted the word “manufacture” to suit the protestations of the Company when the agitation of the people started. Its protégé the Maharashtra Industrial Development Corporation (MIDC), which has no authority whatsoever either on the land in question or in the subject of manufacture and/or research and development activities in the Plant has taken upon itself to give directions to another protégé of the State Government namely the Maharashtra Pollution Control Board (MPCB) to issue the No Objection Certificate to the Company.
(d) The MPCB in due obedience to the directions of the MIDC and without considering the implications of the activities in the Plant has issued the No Objection Certificate. However, this Certificate has not been produced before us by the Board and the Board has not filed its written say though it had promised to do. It has to be noted in this connection that the MPCB had given its first consent to the Company to “manufacture” without knowing or specifying the chemicals the Company was to produce.
(e) In its second Certificate it has given permission to the Company to make research in the chemicals by putting certain conditions. However, these conditions themselves show that the so-called Research Plant is going to create hazardous consequences to all life around and there are no measures suggested to it to prevent the said hazards. The condition would come into play only after an accident takes place, which is obviously is a useless safeguard. The MPCB has thus acted most recklessly and in complete disregard for the life of the people in granting of its Certificate.
(f) The National Chemical Laboratory (NCL) had issued a No Objection Certificate to the Company even without caring to read the Project Report. Thus, all these authorities have not only failed in their duty but have for reasons best known to them acted contrary to the mandatory obligations, the law and the solemn duty cast on them. They have thus betrayed the trust and confidence deposed by the people in them. The only bodies, which have acted above Board and discharge their duties with diligence and dedication are the gram Panchayats and gram Sabhas of the Shinde - Vasuli village and the gram Panchayats of the villages within 25 km around the Plant.
(g) We have therefore no hesitation in deprecating the authorities namely the Central Government, the State Government, the MIDC, the MPCB, and the NCL for the role they have played in this case. We have no evidence whether the Company had sought the permission from the Tree Authority to fell the trees and whether the trees were cut with or without the permission of Tree Authority. However, the fact remains that over 600 trees standing on the said land were cut or destroyed. Could it be said that the Tree Authority was not aware of this ?
Term No. 9
Whether action of the Police in suppressing people’s peaceful struggle, particularly women’s struggle was justified and whether higher officials have dealt with peaceful people’s resistances in proper and legal manner or not.
(a) The Villagers including women and the youth have been agitating against the construction of the Plant since 16.01.2008 peacefully, constitutionally and in exercise of their democratic rights. They had not indulged in any violent activity even to the knowledge of the police. They have been acting openly, transparently and in the interests of not only of themselves but also of the people around the Plant in surrounding villages and towns including Pune where the effects of the activities carried out in the Plant are bound to be felt on account of the pollution of air, water and land.
(b) There was no provocation apparent or otherwise from the Villagers at any time. Yet, all of a sudden and with the obvious intention of terrorizing them with a view to make them withdraw their agitation, at about
(c) This has obvious political colour and shows that the police have acted at the behest of the authorities above. This action on the part of the police has not only breached the provisions of the Constitution but has also is the violated the human rights of the Villagers. No words are strong enough to condemn the said police action.
(d) It is unfortunate to note that the Police machinery is being used by the State, at the instance of certain vested interest groups, when people exercising their democratic rights to raise protest against activities, which affect their right to life and to live with human dignity.
VI. Recommendations
We therefore recommend that the DOW Chemical Company should under no circumstances be allowed to establish a Plant/R&D Centre at the site in question or anywhere else in the country either for manufacture of any chemicals or for carrying out research and development into any known or unknown chemicals. The Government will be granting permission to the Company only on the certain risk of endangering all natural life, human rights and environment all around.
Sd/- Sd/-
Justice G. G. Loney (Retd.) Justice Suresh H. (Retd.)
Dated 25th day of June, २००८
Annexure – A
Oral Evidence
* Shantaram Bapu Temghire (Ex -Sarpanch, Shinde)
There was Yoshuka Company in Kharabwadi. Its product was a chemical used to coat the steel rims. The chemical wastage was dumped in the underground bores, which were dug by the company in its premises. Because of this disposal of chemical waste, the wells, streams and other water resources in the surrounding area got contaminated and people had to suffer from different types of diseases. The villagers had to agitate and finally the company was closed. But even now, the water cannot be used for drinking or for agriculture.
Here we would like to point out that the Yoshuka Company in Kharabwadi is situated in 7 acres of land and it has contaminated the water sources of not only Kharabwadi but also the surrounding villages. The proposed R&D facility of DOW chemicals is coming up on 100 acres of land. This means that it is going to affect not just Shinde but also the entire Pune district. The site is located near the Dam, the
* Netaji Gade (Village – Sadumbre)
We have been farming and irrigating our lands from our wells, recently dam has also been constructed at Shinde. This has greatly helped the farmers. But now due to coming up of the so-called DOW R&D facility, our agriculture and livelihood has come under threat. The company has not given any correct information in this regard. Hence, our opposition.
* Shantaram Maruti Panmand (Village – Shinde)
Our village is the
* Sunil Devkar (Village – Shinde)
There are 100-200 well educated youth in our village. Govt. has forcibly brought this company. All sources of water are close to the site. Jadhavadi Prakalp is just within half km from the site. Bamasketa Prakalp is about 4-5 km from our village. On 14 Sept. 2007 the construction started we did not knew anything about the company. During the Ganpati festival we had a meeting with the company and we asked them about the problem of pollution that would come because of the facility. To this they gave us verbal assurance but we demanded from them to give their assurance in writing, which they didn’t do. After 2 months, i.e. on2 December 07 an article on DOW was published in newspaper then we came to know about the DOW chemicals. Then Justice Kolse-Patil met us and we became aware about the notorious DOW. While doing the construction, the land, which is very solid, was dug and removed the solid soil, stones (murum) and instead loose soil was dumped in it. We became suspicious about this kind of construction because it appears that this the company is doing to percolate the chemical waste in the underground. We later came to know about the Bhopal Gas Genocide and the history of notorious DOW through Justice Kolse-Patil, Com. Vilas Sonawane. In this struggle, though police have arrested our women folk in the
* Sachin Devkar (Village – Shinde)
Right from the beginning we enquired and tried to get the information of DOW Chemicals. Since company did not furnished any information, we became suspicious about the motive of the company. Due to the initiative of Justice Kolse-Patil and the heroic struggle of the women we have been able to stop the work.
* Adv. Padma Shirole (Activist, Lokshasan Andolan)
I had been going to Shinde for the past two months. We all know the notorious history of DOW. I would like to point out to the serious aspect of govt. connivance with the DOW. The women protestors who have been democratically and peacefully protesting against DOW were arrested in the
* Neeraj Jain (Social Activist – Lokayat)
Neeraj Jain of Lokayat spoke of Dioxins, possibly the most toxic substance known to science, which is a byproduct of industrial processes that use chlorine in some form, as in the production of pesticides and plastics. Dioxins are carcinogenic, that is, are known to cause cancer, apart from affecting the human body’s immune system and hormonal system. He stated that studies have established that even a trillionth of a gram of dioxin in a cubic foot of air could be expected to result in an increased risk of cancer, and according to Environmental Protection Agency of the USA, populations exposed to dioxin population are at a 100 to 1000 times increased risk of getting cancer. Through an application filed under the Right to Information Act, it has become known that the Dow research centre is going to use at least 20 hazardous chemicals, which include chlorine compounds, and the chances that it would result in Dioxin production and contamination of the region with this terribly dangerous chemical are very high. Dow has already polluted huge areas of the
He spoke at length about Dow’s record in
About Dow’s Shinde Vasuli R&D centre, Neeraj Jain stated that the limited evidence available about the plant as available from RTI showed that Dow is going to use 20 hazardous chemicals in the plant. These hazardous chemicals when used can cook the ‘devil’s brew’, he said, quoting noted chemical engineers. There is also enormous possibility of the production of dioxins as a byproduct, which are amongst the most toxic chemicals known to science, which can cause cancer in concentrations as low as one part per billion! These doubts get reinforced considering that the government is going to absurd lengths to protect information about Dow’s R&D centre. He gave evidence to show that Department of Industry, Mumbai has refused to give the Memorandum of Understanding signed between the Government and Dow for this Research Centre as well as the project report, saying it will affect national sovereignty! Without seeing the project report, the MPCB first gave the R&D centre the environmental clearance, which is illogical, as without seeing the project report the MPCB cannot judge how harmful the project would be. Then, following protests by the people of Shinde Vasuli and Pune, the MPCB has revised its consent and asked Dow to get environmental clearance certificates from the government, but the Government of Maharashtra has in the meanwhile given Dow the go-ahead to begin construction in Shinde Vasuli, which is an indication that the central government too would be giving the necessary environmental clearances in a shoddy manner, without any detailed scrutiny. Neeraj Jain further stated that seeing the way the Government of India is going all out to appease Dow, it is an indication that the clearance from the Ministry of Environment and Forests is a foregone conclusion.
* Smt. Alka Joshi (Social Activist)
On behalf of the KICK OUT DOW MOVEMENT was presented by Alka Joshi of Lokayat. Alka Joshi spoke atlength about Dow’s international record over the last many decades to argue that this is a criminal company and that chemical products and wastes from its manufacturing plants have caused a variety of terrible diseases and affliction affecting millions of people the world over. These range from cancers to birth deformities to occupational injuries and sickness. Dow has poisoned the air, water and soil of entire regions and destroyed livelihoods of entire communities. It is now also well established that Dow knew about many of the toxic effects of its products, but it has hidden this information. Only the persistent efforts of activists have brought these effects to public notice. Still Dow refuses to admit to any harmful effects. Instead, it has attempted to prolong court cases and delay action by regulatory authorities to extract maximum time to sell its deadly products. She gave the examples of Agent Orange and Napalm bombs used by US military in Vietnam War, both chemical weapons manufactured by Dow. She also gave the examples of numerous other chemicals like DBCP, Dursban, and Silicon breast implants made by Dow to prove her case. She also gave evidence from the
Since the environmental laws in
* Vasanti Nalawade (Vice-President, Jijau Brigade)
The authorities/officials who by passed the resolution of Gram Panchayat and Gram Sabha of Shinde against DOW Chemicals should be brought to justice.
* Sunil Khanolkar - (Chinchwad, Pune) – Chemical Engineer and Social Activist
In the new consent given by MPCB, no reference is made about the air pollution. In the advertisement, it is not mentioned about the hazardous chemicals that would be used and its impact on the agriculture. There were two sittings of the so-called expert committee. No information has been given as yet. Whatever meagre information (minutes of the second sitting) we have got is through RTI. No hearing was made for the environmental impact by the govt. agencies as per the Environment Protection Act.
In the earlier MOU it was clearly mentioned that this facility was for research and manufacture. Due to the protest, the word manufacture has been removed from the MOU. However, research is much more dangerous than manufacturing because in case of manufacturing one knows the kind of chemicals to be used for producing certain known product and hence it is possible to understand the implications of such process. Whereas in case of research and development we do not know the end process a particular experiment can lead to what kind of product is not known. R&D in the genetic, biological and chemical is touching to the level where human beings are involved in the experiments and the extent of impact is unknown. Much of criticism is made in
The so-called expert committee has not asked the company for the safety measures which are needed to prevent any kind of tragedy, instead provision for censors and alarms are made for any kind of leakages. But nothing is provided for any preventive measures. Dow has been not given permission to set up any kind of R&D in
NCL is getting less funds and hence it is affecting their research work. NCL is no supposed to do private research and sustain itself. In Global R&D Research Report 2008, NCL's name is there now its role is more that of providing base to the R&D facilities of companies like DOW.
* Vilas Sonawane (One of the leaders of Bhamchandra Dongar Bachao Warkari Shetkari Sangharsh Samiti, working president of Lokshasan Andolan)
On 13 Jan. Madhusudan Patil Maharaj, Sunil Devkar, Shantaram Panmand and others had met me and they showed me the press cutting regarding the DOW Chemicals. They asked me whether the name DOW Chemicals that is mentioned on the board at the site and the one that has been mentioned in the news are same. As an activist, I had been associated with the Bhopal Gas victims where around 26000 people were killed and knew the history of DOW which has taken over the Union Carbide. In
* Smt. Vinita Deshmukh – (Editor – Intelligent, Pune Weekly)
Through RTI we have got the information that DOW has not the environmental clearance from the ministry of environment. Shailesh Gandhi noted RTI activist sought information about the MOU between the state govt. and DOW, and IEM report. Shockingly this information i.e. the MOU was not given by citing the section 1 whereby the Secretary Industry claimed that by giving this information it may affect the sovereignty and integrity of the nation.
Jan. 22nd 08 Press Release of DOW clearly mentions that CM Vilasrao Deshmukh has taken personal interest in the project. As per the information sought through RTI, we have got document which states that DOW should publish the list of chemicals they are going to use and its relation with Union Carbide with documentary evidence through advertisements in local newspapers. However, the advertisement speaks only of research how it is coming to socially uplift the environment. When the files were inspected at MIDC , NCL's document which has given clean chit to DOW on the basis of the 6 page project report, that too on 22nd January when the villagers had already protested against the project. This rightly doubts the objectivity of the project report. The MPCB report was sent by us for analyze to MIT (Maharashtra Institute of Technology), chemical engineering department, Dr. Karkhanis a well known analyst. According to him, and also others have rightly pointed out that clean chit cannot be given to DOW as it is going to adversely affect the environment. Hence the consent given by the MPCB is insufficient.
There are many bores which are dug deep and is just adjacent to the important tributary of River Indrayani. The MPCB claimed that the consent was given as the site was more 2km far from the river. We actually took measurement and we found that the site is just 1.2 km from the bank of river. When we brought this fact to the notice of the MPCB they argued that this rule is not applicable as the tributary is not a notified one. This is a baseless argument. If the major river is a notified one then how can we not apply the rule on the ground that its tributary is not a notified one? The CEO MIDC in one file noting states that this is a prestigious project and should be cleared within 7 days. Another file noting states that it should be cleared within 2 days. In one filing note it is mentioned that the chemical waste would be dumped in the premises itself and in another filing note, it is mentioned that the chemical waste would be dumped in the Ranjangaon plant. Thus there is no consistency. Why this place – Logically this plant should go in the chemical zone in Ratnagiri or Kurkum.
* Prataprao Borde – (agricultural expert) Rally's
As per the research by Chandre Gould in South Africa, The apartheid govt. had initiated a chemical and biological warfare programme (code named Project Coast) in South Africa between 1981 and 1995 for specific objectives of containing, controlling the Black resistance. This apartheid govt. was in power till 1994. When Nelson Mandela came to power he stopped this programme. Chandre Gould was asked to make research on this programme which he submitted to
This programme was aimed at developing novel irritating and incapacitating agents for internal and external use, covert assassination weapons for use against apartheid opponents, and defensive equipment for use by South African Defence Force troops in
* Rishikesh Ghare (Entrepreneur IT, Talegaon)
I had been living in US for some time. Association for
* Madhusudan Patil Maharaj
As one of the witness, Shri Madhusudan Maharaj (belonging to Warkari Sect) has pointed that there are some old
The activists of the Lokshasan Andolan and Bhamchandra Dongar Bachao Warkari Shetkari Sangharsh Samiti submitted before the Tribunal following evidence showing the importance and description of the area where the village Shinde Vasuli (Tal. Khed, Dist. Pune) situated and significance of the area, on the basis of excerpts submitted have been reproduced as under –
Shinde hamlet, close to Bhamboli in Khed, seven miles west of Chakan, has within its limits the hill of Bhamchandra with some old Buddhist caves. The hill rises steep from the plain on the south and west and has the caves in the southern scarp. A difficult climb leads to a cistern on the right which the villagers call Sita's
Annexure – B
Paper clippings published in Intelligent Pune, Pune (Weekly) pertaining to documents received under Right To Information Act disclosing information of DOW International – Chakan, Khed.
Annexure – C
Documentary evidence and Case Law referred to/relied upon.
1. The Resolution of Gram Sabha of Shinde – Vasuli opposing the installation of the proposed R&D Centre at the above mentioned village by the Dow Chemicals Company.
2. The Resolutions of Gram Sabha of surrounding villages within the vicinity of 25 km of the proposed site.
3. 7/12 Extract (date of issuance
4. Documents obtained by Vinita Deshmukh, Editor, Intelligent Pune and published in the said weekly in four parts through Right to Information Act and relied by her while tendering oral evidence.
5. Documents obtained through RTI from the office of PMO pertaining to grant of permission to Dow Chemicals in
6. The
7. The
8.
9. The Wall Street Journal, dated
10. The Dow Chemical Company (IVth Quarter 2007 Report, 29.01.2008)
11. Grant of Permission to Dow Chemicals International Company, R&D Centre,
12. MIDC letter dated
13. MPCB letter dated _______
14. South Africa’s Chemical and Biological Warfare Programme 1981-1995, Doctoral Thesis of Rhodes University by Chandre Gould, August 2005.
15. Biological and Toxins Weapons Convention (BTWC)
16.
Annexure - D
Times of
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