Letter to President on Nuclear Disaster Liability Bill & Lessons from Chernobyl

Her Excellency,

Mrs. Pratibha Patil

President of India

Rashtrapati Bhavan

New Delhi – 110 004

Date: 1st September, 2010

Subject- Nuclear Disaster Liability Bill & Lessons from Chernobyl

Your Excellency,

This is with reference to the passage Civil Liability for Nuclear Damage Bill, 2010 from Lok Sabha and Rajya Sabha on 25th August and August 30, 2010 respectively and how “In the end, we all live near Chernobyl”.

Pursuant to my application to National Human Rights Commission (NHRC) and written and oral testimony to Parliamentary Standing Committee on Science & Technology, Environment & Forests regarding environmental hazards from radioactive radiation and nuclear wastes, now that Lok Sabha and Rajya Sabha have passed the Civil Liability for Nuclear Damage Bill, 2010, I solemnly and earnestly urge you to send the Bill back to the Parliament and the Union Cabinet for reconsideration.

On behalf of ToxicsWatch Alliance and public interest groups and individuals who are deeply concerned about the possible devastation of human life and ecosystem due to nuclear disaster, nuclear radiation and nuclear wastes, I respectfully ask that you order an open and transparent review of how nuclear power installations including uranium mines have been operating in the country before proceeding with new nuclear power plants. A White Paper on the current status of nuclear installations is a must for undertaking future operations.

I submit that the legal design of the Bill is flawed as it favours nuclear suppliers and nuclear exporters and the victims. Except for the appointment of Claims Commissioner as provided in clause 9 and the constitution of a Nuclear Damage Claims Commission as provided in clause 19 to adjudicate and award compensation for nuclear damage within a period of three months, there isn’t any other feature in the Bill that will protect the interests of the victims of disaster.

I submit that Union Cabinet must be asked to take steps to prevent the human cost of industrial disasters by recommending unlimited liability for companies in both Nuclear Liability Bill and the proposed Companies Bill, 2009. A beginning can be made by making these legislations victim centric and legal-artificial persons accountable to our legislatures. Neither Nuclear Liability Bill nor the proposed Companies Bill, provide for tracing the Companies or suppliers which become invisible or hide behind corporate veils after disasters or may not be in business after that.

I submit that before deciding on this pro-supplier Bill passed by the Parliament due to an unholy collaboration, Hon’ble President must consult experts like Dr. V. Maitreyan, an oncologist, former Chairman, Parliamentary Standing Committee on Science & Technology, Environment & Forests and currently Member, Rajya Sabha. Dr Maitreyan was trained by Dr. Robert Peter Gale, the world renowned medical oncologist who did bone marrow transplants on the Chernobyl nuclear accident victims. In his speech on 30th August in the Parliament he quoted Dr. Robert Peter Gale book "Final Warning -- The Legacy of Chernobyl" saying nuclear accidents happen, "In sum, accidents happen. This is why the nuclear industry continues to insist upon laws limiting its liability for damages arising out of nuclear accidents". At the conclusion of the Chapter, Dr. Gale says: "As for Chernobyl, it may be that the greatest contributions made at Hospital Number 6 were not the lives saved but the lives lost. For the failure to save lives demonstrated how deadly nuclear power can be and how helpless the world is when radiation rages wild. In the end, we all live near Chernobyl."

I submit that incidents such the leaky valves and malfunctioning of pumps and fuel bundles had almost shutdown one of India's first nuclear reactors at Tarapur in 1973, as has claimed been claimed by The Week magazine in one of its recent cover stories have remained outside the parliamentary scrutiny. "In September 1973, the inevitable happened. The malfunctioning of pumps, valves and fuel bundles at TAPS (Tarapur Atomic Power Station) led to the radioactive levels rising far greater than those laid down by the International Commission for Radiation Protection." The then Prime Minister Indira Gandhi had summoned Atomic Energy Commission (AEC) Chairman Homi Sethna and Bhabha Atomic Research Centre (BARC) Director Raja Ramanna to convey her "acute concerns" on the matter. "Eminent scientists, both pleaded with her not to pronounce what would have been a death sentence on the credibility of the country's nuclear programme," the report said quoting Ashok Parthsarathi, then the Scientific Assistant to Gandhi. A High Powered parliamentary team should be given the task of examining such pitfalls so as to incorporate lessons from them in the Bill.

I submit that Union Cabinet should agree to set up a committee to study the effects of nuclear damage on India before rushing through the Bill. This Committee should consist not only of nuclear scientists and engineers, but also economists, agricultural scientists and public health experts. As has been admitted by the Government of India that, “in a sense the elected political class of the country let down the victims of Bhopal," because we did not have adequate liability laws, the passage of Civil Liability for Nuclear Damage Bill appears to be doing the same again through this “insurance for the protection of suppliers and operators in the case of a nuclear accident” and through signing Convention on Supplementary Compensation for Nuclear Damage although there is no need for India to join it which has been ratified by only four out of thirty nuclear power countries.

I submit that many other countries have unlimited liability, capping the liability of the operator of the plant at a very small level of Rs.1, 500 crores is uncalled for. The Government of USA forced BP to set aside an amount of USD 20 billion in an escrow fund to settle claims. Indeed a serious nuclear accident will have consequences that are much more severe than this oil spill. Does Government of India believe that Indian lives and property are less precious than lives of those of citizens of USA? The total liability for each nuclear incident remains capped at 300 million SDR, that is, Rs.2122.40 crores or $455 million as per clause 6 (1). The amount is less than even the Bhopal settlement of $470 million, which has been acknowledged as grossly inadequate by the Government itself. Such cap on liability will also have an impact on the safety of nuclear installations in the country. This is because the cost of a single nuclear reactor can be as high as Rs.30,000 crores as in the case of the reactor planned at Jaitapur by AREVA, a French public multinational industrial conglomerate headquartered in the Tour Areva near Paris.

Consequently, the cost of a reactor can be 20 times the maximum amount of liability. It means that it might be cheaper for the operator to take the risk of paying the maximum liability than to spend, say, 10 per cent extra in adding safety features to the plant. The Bill passed by the Lok Sabha and Rajya Sabha includes a right of recourse for the operator but the liability of the supplier is limited to Rs.1,500 crores which is the maximum third party damage that the operator will have to pay. The supplier may sell a plant for Rs. 30,000 crores but will be liable for a maximum of only 5 per cent of that amount.

It is submitted that the preparations for the visit of President of United States of America (USA) occupied Union Cabinet so much that it failed to consult the secretaries of ministries/departments of government of India on the draft nuclear liability bill. The Parliamentary Standing Committee referred to how secretaries of ministries of health & family welfare, agriculture, labour & employment, food & public distribution, etc. who were ignored in the drafting of the Bill as a very serious lapse of the Union Cabinet. Starkly enough, none of the concerned Chief Secretaries or Chief Ministers of the relevant states been consulted either. The Parliamentary Standing Committee, therefore, recommended that “the government should consult all such ministries/departments which are even remotely concerned with the provisions of a proposed legislation", the same has not been done. Not only that the submissions of secretaries of home ministry, water resources, ministry of health, agriculture ministry, department of food and public distribution etc have not been incorporated by the Lok Sabha and Rajya Sabha. Notably, Secretary, ministry of health said, “Since the response system to deal with any kind of emergency of such type, the hospitals are not well-equipped, it is natural that mortality and morbidity due to multiple burn, blasts, radiation injuries and psycho-social impact could be on very high scale and medical tackling of such a large emergency could have enough repercussions in the nearby areas of radioactive fallout. She also mentioned that in the entire bill, there is not a single clause which speaks about taking health care during radiological emergencies. It reflects only about payment of compensation due to health impacts of such radiation. She suggested while setting up nuclear plants consideration may also be given to the fact that there should be a hospital having trained doctors near such establishments and arrangements should also be made for free treatment of people who are affected by serious nuclear fallout." She confessed that “her ministry is nowhere to meet an eventuality that may arise out of nuclear and radiological emergencies.” Similar testimonies from secretaries of other ministries provide a chilling and prophetic forewarning.

In compliance of the suggestion of Chairperson of the Parliamentary Committee during my testimony on August 3, 2010 and pursuant to my written submission dated July 7, ToxicsWatch Alliance (TWA) had specifically drawn the attention of the committee with regard to the narrow definition of the word 'installation' and conflict of interest ridden existence of the AERB. In a letter to the committee dated August 12, TWA has highlighted the backdrop of the deliberations on the Civil Liability for Nuclear Damage Bill. TWA has questioned the merit of centralised power stations given 35-40 percent transmission and distribution loss from power grids. The Secretary, financial services, ministry of finance submitted before the committee that "any increase in premium of insurance will lead to increase in the cost of production of electricity for nuclear power. It is argued that higher the liability limit higher will be the insurance premium and subsequently higher will be the cost of electricity production." It has been noted in the Rajya Sabha that as far as the cost difference between hydro, thermal and all the available options vis-à-vis nuclear electricity is concerned, the cost difference is 1:3. If the objective of wanting to generate 40,000 MW of nuclear power in the next two decades is considered, the cost difference between conventional and nuclear electricity would be more than Rs. 3,00,000 crores (Rs. 3 lakh crores) . This amount can build 20,000 hundred-bedded modern hospitals all over the country and 2.5 lakhs of Navodaya Vidyalayas with boarding facilities for 100 students all over the country.

Testimony after testimony before the committee had asked for deletion of the word terrorism from the bill but the same is not reflected in the committee's report despite the fact that Defence Secretary Pradeep Kumar categorically stated, "under different layers of protection, nuclear assets including nuclear installations are being protected through defence. However he admitted that absolute and fool proof protection cannot be guaranteed for any nuclear or other assets in the country during peace or war." Exceptions for acts of terrorism can easily be used by the supplier and the operator to wash their hands off any nuclear disaster.

I submit that section 46 of the Bill suggests that existing criminal laws can be used only against the operator. The existing criminal laws, including section 304 and section 304A of the India Penal Code should be applicable to the supplier as well.

Earlier responding to the question about the need for Indian Parliament to pass a liability agreement in the matter of nuclear cooperation with US, the prime minister said: 'We will do that. Our Cabinet will be taking a decision. I do not see any difficulties in honouring our commitments.' He said so in an interview conducted by EG Weymouth, editor-at-Large of Newsweek treasured on Prime Minister’s website on November 16, 2009.

The reason for such tearing hurry and nervousness in passing Civil Liability for Nuclear Damage Bill can be traced to the visit of President of United States of America to India and in a press release from the Indian Embassy in Washington which notes, "The historic bilateral cooperation agreement for peaceful uses of nuclear energy, the 123 Agreement that we signed two years back provided for reprocessing of US obligated nuclear material in an Indian national facility under IAEA safeguards." A letter written by the then Foreign Secretary to the US Under Secretary on 10th September, 2008 says, "India also recognizes the importance of establishing an adequate nuclear liability regime and it is the intention of the Indian Government to take steps to adhere to the Convention on Supplementary Compensation for Nuclear Damage." This letter was quoted in Rajya Sabha on 30th August, 2010. Further evidence is visible, in an interview on 10th March, 2010 the US Secretary of State says, "Our interests are to ensure that the Bill that is ultimately enacted is complaint with the international standards in this area which is a Convention on Supplementary Compensation. That is our chief interest." That is why the clause 7(a) in Civil Liability for Nuclear Damage Bill, where it says explicitly, "If there is an explicit contract between the operator and supplier....". This merits high level of parliamentary scrutiny. These are certain things which still required to be considered, keeping in mind the plight of those persons who are, finally, going to be the sufferers if some nuclear disaster takes place. The press release from Washington observes, "The government of India has already designated two sites for nuclear power plants to be established in cooperation with the US and the companies of the two countries are now engaged in discussions" as a follow up of the Strategic Dialogue and the meeting of the CEO's Forum prior to the visit of President Barack Obama to India in November, 2010.

I submit that the influence of Federation of Indian Chambers of Commerce and Industry (FICCI)’s draft of the Civil Liability for Nuclear Damage Bill and Union Cabinet’s preparations for the visit of Barack Obama, President, United States of America to India in November, 2010 did provide sufficient time to dwell adequately on even the submissions of secretaries in the event of a nuclear disaster of the Chernobyl type. The Union Cabinet has ignored that since 1980, the United States of America has not added a single megawatt of nuclear power in their country taking lessons from The Three Mile Island nuclear accident.

I submit that in order to complete the journey which the Prime Minister Dr Manmohan Singh had undertaken to USA five years ago most concerns have disregarded due to the role of FICCI which is the largest and oldest business organisation of the country claiming to be a "non-government, not-for-profit organisation" with direct membership from the private as well as public sectors, including MNCs, and an indirect membership of over 83,000 companies. Clearly, with the passage of this Bill FICCI’s efforts on its own and on behalf of the multinational nuclear companies have succeeded despite India’s exemplary poor safety record with no database of radioactive radiation victims who appear to be deemed collateral damages for ‘development’ any cost based on nuclear power at any exorbitant cost.

In such a grim context, Hon’ble President may consider sending the Bill back to the Parliament for recommending re-consideration, formation of a Joint Parliamentary Committee sans conflict of interest to examine the current liability regime for nuclear disaster in the world besides constituting a high-powered trans-disciplinary independent experts committee to study true economics of nuclear power at leisure so that present and future generations and their ecosystem doesn’t suffer due to the myopia of FICCI, Union Cabinet and their unsound business sense.

Thanking You

Yours Sincerely

Gopal Krishna

Founder-Convener

ToxicsWatch Alliance

New Delhi

Mb: 9818089660

Website: www.toxicswatch.com

Blog: toxicswatch.blogspot.com

Cc

-Mrs Sonia Gandhi, Chairperson, National Advisory Council, Government of India & MP, Lok Sabha

-Mr Rahul Gandhi, General Secretary, Indian National Congress & MP, Lok Sabha

Vedanta's violence on workers in Orissa

Following the government order on scarpping of the Niyamgiri mining project and indictment of Vedanta for carrying out expansion work of its refinery at Lanjigarh without permission, more than 5000 workers were suddenly retrenched yesterday by L&T, the contractor for carrying out Vedanta's construction work.

On being served the retrenchment notice - verbally - the workers demanded their backlog payments’ and compensation to which the company did not heed. Workers then went on to stage a strike. It is reported that demands and downright denials led to a violent situation, in which there was some damage to the plant properties. Then the police accompanied by vedanta goons attacked the demonstrators and beat them up mercilessly... More than hundred workers are injured with bleeding heads, broken limbs, and internal injuries. Hundreds of workers have been arrested and, as reports coming from Lanjigarh this morning suggests, are being further beaten up in the police station.

Some backgrounder and facts:

1. I had interviewed more than two dozens of workers on camera last February and they had said that not a single worker is given an identity card; even many of them did not possess any entry slip (roll card).

2. The original address of most workers was distorted on record so that in case of any accident or retrenchment or any other such thing, the company could prove that such person did not exist at all, and that they could not be challenged legally.

3. Most workers complained the payment was much less than promised/stipulated besides being very erratic.

4. Workers felt trapped as their backlog payments were huge and could not even leave the job even if they wanted to.

5. Safety measures were almost non-existent and the workers always did their job taking great risks.

6. There had been many deaths inside the plant in accidents, which were not reported outside.

... and so on.

The present situation calls for intervention by the media and legal experts. Since the company cannot go on with the expansion work now after being slammed officially and publicly, there has to be ways for the workers to get their rights... and not such a raw deal as being dumped, then beaten up and arrested.

in solidarity,

subrat

Mopa resistence to land acqusition for proposed Mopa Airport

On August 30, 2010 Mr M.K Vasta land acquisition officer along with an assistant came to mopa airport area for a hearing regarding issuing of section 9 and 10, at Vasadev temple at Tulaskar wadi. Lot of villagers from Cansarvonem, Tulaskar wadi, Dhangar wadi who were served notice were present for the meeting.

Mr Vasta asked the people regarding compensation, valuation of trees etc, the people asked him that in notification 2221 RD 2008 - 5A it is mentioned that people should not object land acquisition so how are we to ask and what to ask we do not know.

Janardhan Tulaskar, Dinkar Tulaskar, Digamber Tulaskar questioned Mr Vasta on benefits of the airport project which he could not answer, also when they asked him of destruction of forest, agriculture and water , he replied that environment matters the court will handle and other things he doesnt know and he obeys orders of his superiors. He also mentioned that land will be acquired and handed to the government and later the steering commitee will decide what to do. What does this mean ?

Most of the people asked for time to reply.

The people have approached the High Court and the Attorney General has assured the Court that the land acquisition will be stopped till the court decision, but here people were so annoyed that the government is bent on acquiring their land without obeying the high court, issuing of section 9 and 10 is illegal as the land acquisition process is in the court.

As per the villagers the govt will only acquire their land and drive them out of their motherland. No one can build an airport here as the Mopa plateau has steep slopes on all sides and to level this slopes is just not humanly possible. “There will be no airport here but this process is just to acquire our beautiful land and drive us out of here, then they may sell the land to big land sharks as construction of airport is not possible and Goa being small can suffice with one airport” villagers observed.

Public Interest: Scrap exclusive mining roads in Panchwadi

On 30th August 2010 Panchwadi villagers along with Fr Rodrigues met the Minister of Environment Mr Alexio Sequeira at his Raia residence at 9.30 am in the morning regarding construction of mining road through their village.

The villagers enlightened the minister of the ill effects and other problems of dust pollution, heavy traffic in their small village etc. The minister gave them a patient hearing and showed support and offered to help the villagers by stopping the construction of the mining road meant for sesa goa a mining company, but however did not give a concrete promise that the road will be scrapped.

The villagers were happy with the meeting as the minister understood their problem and offered whatever help he can.

This acquisition of 40 hectares of mangrove forest will destroy the ecosensitive area, mangrove are to be protected but with this acquisition everything will be destroyed.
Sesa Goa had purchased 30 hectares of mangrove forest for mining road and dumping of ore, but since this area was tenented they could not construct the road, but now they want the Goa Govt to buy their 30 hectares and another 10 hectares from other owners to construct mining road and loading and unloading of iron ore an the banks of river zuari.

The Sawant and Karapurkar commitee and TERI report conforms the existance of mangrove forest in this area. If road is constructed the Moisal dam which supplies water to the whole village and surrounding areas will get polluted and the whole village will be affected.

Goa Government is acquiring 40 hectares to construct road for public purpose is an eye wash as only Sesa Goa will be using this road, the Government is wrong by claiming the project as public purpose.more than 1500 schedule tribe and 100 schedule caste population will get badly affected with this mining road of Sesa Goa.

It is in public interest that this exclusive road for mining be scrapped.

Q&A: Ravi Rebbapragada, forest rights activist

http://www.business-standard.com/india/news/qa-ravi-rebbapragada-forest-rights-activist/406170/

'Proposal for 26% share in profits may help'

Sreelatha Menon / New Delhi August 29, 2010, 0:15 IST

Ravi Rebbapragada, a forest rights activist, tells Sreelatha Menon the Vedanta logic should be applied to all areas where there is a conflict over land acquisition.

Is the environment ministry’s rejection of Vedanta’s application for bauxite mining in Niyamagiri a victory for the forest dwellers?

I am thrilled, but I would call it a real victory only when the approach of the NC Saxena committee, which upheld the right of forest dwellers to forests, according to the Forest Rights Act (FRA), is applied to all projects where FRA is being violated.

But even this is being projected as a victory of Rahul Gandhi rather than the rule of law. Does this mean FRA will be implemented only where Rahul Gandhi agrees to take up people’s cause?

It is true that our society is still in a rather feudal frame. It is more like an oligarchy rather than a democracy. When Rahul Gandhi first visited Lanjigarh, I asked him if he was moved by the tribal issue in Orissa because it was an opposition-ruled state and insensitive to the tribal issue in Andhra Pradesh as it was ruled by the Congress. I asked him to come to Andhra Pradesh to see the plight of the tribes being displaced by the Polavaram dam. It is our demand that he visit all conflict areas, including Polavaram. We have the largest tribal population in the world. He can’t ignore the injustice in Andhra where tribes, who form 90 per cent of the people, are being displaced in 300 villages that will be submerged by the dam.

So, you are admitting that FRA as well as the Samata ruling by the Supreme Court in response to your petition don’t work. Only individuals, or rather one individual, do?

Apart from law, there is social justice and common sense. These are missing. In spite of the law, Vedanta and the state government could do so much that was illegal. The Andhra Pradesh government has given affidavits in the Supreme Court in the Polavaram case saying the permission from the gram sabhas has been taken. It is a lie. Gram sabhas have not even been set up.

Would you still consider Vedanta a new beginning on the part of the Centre?

The government seems to be thinking that the development of tribes may remove Naxalism. It is mistaken.

Won’t tribal development remove Naxalism?

What do tribes want? They want peace. Naxalism is a political ideology while development is a need of the people and the duty of the government. The government has to deal with Naxalism in a political way, by demonstrating that democracy works. I was asked to leave tribal areas by Naxalites in 1997, soon after the Supreme Court gave the Samata judgement, which said tribal land could not be transfered. I asked them what was my fault. They said I was working with the system and I believed in the Constitution. This judgment would spread the feeling that the system was working. And if the system works, what will the ‘dadas’ do? That was their problem. The tibes may ask them that if they can go to the court, where is the need for violence?

How have states managed to transfer tribal land in spite of the Samata ruling?

In Andhra Pradesh, the government has given mining leases to the AP Mineral Development Corporation. In Orissa, the lease is with the Orissa Mining Corporation. They do this in every state. Samata ruling said states can set up projects but a private party can’t. So, the state, as a lease-holder, entered into an agreement with Anrak and Jindal South West Ltd in Andhra for bauxite mining, and Vedanta entered into an agreement with the Orissa Mining Corporation, and so on. In the Andhra bauxite project, our MP Kishore Chandra Deo has been arguing against it on our behalf. We have pointed out how the Guden Maripakala, the hills on which the mining is to be done, is a proposed biosphere reserve housing rare animal species like mouse deer and golden gecko and bisons.

Is there something wrong with FRA that the NC Saxena committee had to come to its rescue?

It is the way the states have understood and implemented it. They have looked at it as a patta-distribution exercise. Under FRA, forest rights committees have to be set up at the gram sabha level. In Andhra Pradesh, they have been set up at the panchayat level. They can have a maximum of 15 members, while the panchayats have over 50 gram sabhas. So, how can these be representative?

In Orissa, they have village-level forest rights committees. What went wrong with the gram sabhas in the Posco steel project? You were part of the panel set up by the Ministry of Environment and Forests and the Ministry of Tribal Affairs to advise on the violations of law there.

When it comes to Posco and Polavaram, the states have chosen not to implement FRA as they want land. The law is an obstacle. In bauxite areas in Andhra Pradesh, forest rights committees have not been set up even at the panchayat level. On Posco, the Orissa government claims there are no eligible people, meaning other traditional forest dwellers who are covered by FRA. Our committee found that both other traditional forest dwellers and forest land existed and the former cultivated paan leaves on forest land. Besides, we found that the government had taken forest clearance after the gram sabha’s consent in neighbouring villages for a project of IndianOil. But when it came to Posco, they found these people ineligible. What does that mean?

Is clearance possible now in Posco?

We said FRA is incomplete. If they complete FRA, they may get a clearance.

What if gram sabhas say no? They are not going to say yes. No one will ever agree.

There is a saying that when you go to buy cattle, the seller puts the cow in water and shows you just the horns. Now, industry and the state are showing people only the horns. All information is not there. They are tricking us. The trend of development is very mean and cruel. If you tell the benefit to the people, they will agree. The proposal for a 26 per cent share in profits may help.

How can there be mining or power projects without conflict? If you go to gram sabhas for consent, no one will get an inch of land.

You have to rationalise mining. Don’t spread everywhere. Exhaust resources in one place. Go where there are less people.

So, what will all these companies do? Besides, there are people everywhere.

What is driving mining? It is pursuit of profit. If there are people, then include the people. Once miners start paying the environment costs, share profits, the number of players will fall. Profits are coming only from cheap resources. You get nothing for corn, but plenty if you sell corn flakes. So, you make profits from cheap resources. How can profits be infinite when resources are finite? Any development which leaves out people means trouble.

Vanxim kidnappings: Worker, son still untraceable

Jamla Kujur (40) and is son Ashok Kujur (10) who were kidnapped on 19th May 2005 from Vanxim island still remain untraceable inspite of all the police search. Missing tribals Father-Son hails from Chatisgarh, thana Lailunga, Gam Bhagudega, Simvarpar. They were kidnapped at the mid-night from the island and taken towards Bicholim. Jamla was working on the agricultural farm of Silveira family that has stood between those trying to take over the island for the luxury tourism purpose like golf course and luxury villas. Amongst those who are acting to buy of this island is Mahendra Gaunekar from Ponda. Silveira family has paddy fields in a land that developers have their eyes in Vanxim. Jamla was a labourer on these paddy fields for number of years. It is suspected that this kidnapping has been undertaken to discourage Silveira family from cultivating thier land. The family still awaits for the two missing one to return back to Vanxim island. Where is Jamla Kujur? Where is Ashok Kujur? Who has kidnapped them? Is it too difficult to guess? Perhaps the kidnappers and particularly the masterminds of kidnappings are thinking that with the disapearance of the two they can invade and conquer Vanxim island. If this is indeed the case then they are sadly mistaken.

Double lining of South Western Railway: for whose benefit?

To:

The Hon’ble Chief Minister,

Government of Goa,

Secretariat, Porvorim,

Bardez, Salcete, Goa.

Sir,

With reference to the reports appearing in the media regarding the Railway Board approving double lining of the South Western Railway from Vasco to Hospet, permit me to point out a few really important matters to you:

1. In the first place, this is an initiative taken by the Mormugao Port Trust which has been consistently bypassing the Government of Goa and in fact behaving like a state within a state. Besides, it is a matter of jurisdiction. Who plans and decides the development of Goa? The duly elected government of Goa or an organization that is carrying out a particular activity in the State? Has the Planning & Development Board of Goa recommended the doubling of the SWR? If not, what authority has the MPT to do so?

2. The doubling of the line will cause not only hardships to the people but also for your government. A large number of houses will be adversely affected if the SWR line in Goa is doubled and large tracts of scarce Goan land will once again be in the hands of Central Agency that truly does not give any tangible benefits to Goans in terms of recruitment.

3. There are a good number of heritage houses close to the railway track which will be badly affected if the SWR line is doubled as the vibrations caused by the rail movement will shake their foundations.

4. The increased traffic on the line will also cause noise pollution not to mention dust pollution.

5. After the SWR line in Goa was converted to broad gauge, people began facing a lot of problems as traffic increased and it became more and more difficult to cross the tracks. Long queues at the manned railway crossings are a common feature along the Goans landscape now. Therefore, the Government of Goa should insist that every railway crossing in Goa should have either a rail under bridge or a rail over bridge so that people are not put to hardships and until and unless this is provided for, no Goan land should be handed over to the Railways.

6. Besides, the Railways should also be asked to provide for over or under bridges as and where required in keeping with the needs of the State for the next 35 years as the Golden Jubilee Development Committee is preparing this road map for Goa.

7. Going by the tenor of the discussions in the recent in the State Assembly, it is evident that the Government of Goa is not quite happy with the manner in which MPT is behaving. Hence, before it becomes more authoritarian it would be better for the State Government to put the brakes on MPT’s ambitious expansion plans which are aimed at packing this Goa with more and more people from outside the State rather than helping our own Goans or Goa.

Therefore, I request to immediately write to the Union Railway Minister and the Railways Board bringing to their notice our apprehensions and also listing out these demands in the interest of Goa.

Requesting you to treat this matter as urgent and serious,

Yours sincerely,

Sd/-

Matanhy Saldanha

(Former Tourism Minister)

Niyamgiri mining project cancellation:discussions on western ghats e-group

24 August 2010

A landmark decision by Jairam Ramesh - excellent in quality and exceptional in courage for upholding environment policy and law. Moreso, when Orissa Chief Minister who rarely travels outside the state, flew to Delhi to raise the issue with the Prime Minister, of course in support of Anil Agarwal's Vedanta. Interestingly, the Chief Minister had the cheek to remark `i hope it is not politics'. Someone should tell CM Navin Patnaik that what he was doing in Delhi was undoubtedly `politics'.

The wildlife, the trees, the tribals and the gods of Niyamgiri shower blessings on Jairam!

Keep it up!

Dr Sudhirendar Sharma

24 August 2010

Dear Dr. Sharma,

I am sure the Niyamgiri gods must be praising this human endeavour of Jairam!

Isnt it interesting to note that humans are helping gods.

Anyway, the minister deserves a Jaadu ki Japhhi.

Lets see how he deals with the POSCO case.

Regards

Rakesh Bhatt

24 August 2010

I join you Sudhirendar in congratulating Jairam Ramesh for this landmark decision ! This was indeed courageous and a strong signal to industry and government officials involved in corrupt practices and in the habit of ignoring the laws of the Nation.

Carmen Miranda

24 August 2010

we really must enlist the aid of some competent person or group to look at such same violations

around lonavala eg amby valley and lavasa

and they claim to be planned cities

only all their working staff is bussed from far away

in any case the gods be praise d

Shyamala Sanyal

24 August 2010

Good decision. Positive signals!
Congrats to entire team particularly to the Saxsena committee, Dr.
Usha Ramanathan, Shri Vinod Rishi, Shri J.K. Tiwari.

This decision gives more hope and energy for people working in
stopping the mining related works.

regards
Mohan raj K.

14 August 2010

I too join Sudhirendar in Congratulating the minister. In this great ancient country the democracy has some hopes and there is a space for people and nature. We should support JR ..

Archana

25 August 2010

I only hope all these congratulatory messages are going direct to the Minister. He needs to know as well.

Claude

25 August 2010

Aptly said Sudhirendar!

I feel lucky to be a witness of these processes here in Delhi. Am presently working closely with the ministry on Green India Mission Project so get to know first hand news on Vedanta, Jindal etc...

Regards to all,
Dharmaraj

25 August 2010

Dear All,

It is a luck of the forests,wild life,rivers,valleys,marine life & tribals in our country that some body like Hon'able MoEF Shri Jairam Ramesh is still there to do the justice.Otherwise it seems the entire governance is happening for the corporate lobby & under the name of "Development",they are hell bent on creating deserts every where.But at last this decision about OMC in Orissa is a ray of great hope in future.

Even in Ratnagiri-Sindhudurg ,all new permissions to mining/TPPs etc are given a moratorium upto Dec'10.It seems the green,biodiversed patches at the foothills of Sahyadri in Konkan region would get declared as ESA,as WGEEP would submit its report & Hon'able MOEF seems to be positive about it.

Let us see.

Long live Jairam Rameshji !!!

Dr Jayendra Parulekar.

25 August 2010

Friends,

This (below) is my e-note to Mr.Jairam Ramesh on his Decision concerning the Vedanta project in Orissa. His Decision is ATTACHED, in case you have not seen it. It is long (as any reasonable speaking order would be) but surely worth reading in this troubled case.

Best wishes,

Sudhir Vombatkere

---

Dear Mr.Jairam Ramesh,

I have just read through your Decision dated 24 August on the Lanjhigarh bauxite mining issue. Please accept my most hearty congratulations for having upheld the Constitution of India and the laws made by Parliament, in letter and spirit. Such a speaking order as your Decision is, puts many Supreme Court and High Court judgements to shame.The fact that you have immediately placed it in the public domain speaks for your commendable sense of fair play as far as the people are concerned.

By your Decision, you have not only done a service to the Dongria Khond people but to the entire nation by upholding people's rights and protecting them against the on-going depredations of corporate raiders in collusion with government officials.

In an age of declining standards of governance, your bold and transparently honest action has provided that “light at the end of the tunnel” that all of us Indians are longing for. In an ambience of declining hope of fair governance, I pray for more strength to you in your endeavours to show that there can still be a people-oriented, law-abiding governance system. I also pray for your personal safety, especially as you have displeased very powerful forces.

Best wishes and regards,

Maj Gen Sudhir Vombatkere (Retd)

25 August 2010

Hi folks

I am pretty sure Jairam Ramesh's email box must be full by this time with letters of praise and support. Nowadays i feel proud to be living in an India responsible towards its environment. Let us Thank Shri Jairam Ramesh for making us feel proud. He deserves all the credit for taking such a courageous decision in midst of so much indecisiveness in other development sectors,The Minister through this landmark decision has also stated that arresting the destruction of forests and saving the ancestral lands of tribals is also 'Development'.

We are with you Minister

Latha Anantha
River Research Centre
Kerala

26 August 2010

I am not joining the bandwagon in garlanding the Honorable Minister
for Environment and Forests for the decision to halt Vedanta in its
tracks. The truth of the matter is that it was HUGE pressure, both
nationally and internationally, that left the government with no
choice but to do what it did. It was FORCED to. It also helped that
there was enough evidence to suggest that Vedanta Resources was a
company damned several times over, internationally.

For all the roses thrown at his feet, I am not inclined to forget the
minister's prevarications and arrogance when conducting public
hearings over the infamous BT brinjals...or the fact that the the
minister and his government chose to ignore the fact that farmers in
Andhra Pradesh had already grown the damn brinjals and were exhibiting
them at the hearing in Hyderabad! Who gave them the seeds??

Let us please not forget that on the other side we still have the
Posco project, guilty of violating the laws but now expected to be
cleared by the PM himself, the fundamental reason of course, above any
law of the land, and certainly above what any of us may think, is that
high-growth-rate India should not frighten away foreign investment
with something as petty as environmental 'intransigence'.

Before we pat ourselves on the backs and pop out the corks, there's
also the matter of a dam in Andhra Pradesh and Adivasis there soon to
have water flowing above their noses. There's Sterlite in Tuticorin,
where, a week or so back, in collusion with the police, activists
protesting the project were arrested and detained. There's still Coca
Cola in Kerala isn't there, contesting a decision that the world and
its mother knows went against the company? There's the farcical
situation of Goa, where no one, not even the most ardent activists can
tell you exactly which mine is legal and which is not, such the legal
skulduggery at work, such the impressive technique of throwing
activists to the mercy of wolves in the courts.

But then why should this information be made easily available when you
have provision for the RTI, a state-sponsored device intended to keep
you from the truth as long as it takes to have illegalities brought
within the ambit of the law. In Goa there are over 400 illegal stone-
quarrying businesses, but since politicians and their functionaries
have a hand in this trade, the government in Goa now proposes to make
these quarries legal!

Isn't this the bottom line? It translates into a very simple logic.
Companies give out the money and start the work, knowing full well
that the necessary clearances will come...

The way it works recalls a political cartoon of the 60s, showing an
American tycoon giving out coin to an impoverished African with his
right hand, and stealing from behind him with his left hand...

The honorable minister is yet to be tested. Let's keep our roses till
we really know...

Hartman de Souza

26 August 2010

Dear Hartman

It is indeed true that the Honorable Minister for Environment and Forests still has a long list of crucial issues to tackle and battles to win, as you rightly pointed out.

But lets put ourselves in his shoes for a moment and measure the high level pressures he is confronting every day from every other Ministry in the government and the PM and big business and industry and so on, plus the huge power of corruption by government officials and the judiciary - all in a terrible rush to pursue "rapid economic growth at all costs" and just interested in getting rich fast at all costs, all of them totally against any decisions and lawful measures to protect the environment and therefore out there together to block the work and the mandate of the Ministry of Environment and Forests.

The corruption is so ingraned in the DNA of our political and administration systems and big business and politicians are so used to get away with murder with impunity and so used to ignore laws and regulations that when someone like Jairam Ramesh puts the breaks in one of the most powerful and notorious multinational companies like Vedanta, we need to acknowledge it as an achievement, as it required an enormous amount of courage and integretity, despite the international pressure.

In my modest opinion, Jairam Ramesh has won a big battle in a long term war, which should be seen as a lesson and a reminder to all those businesses and industries wanting to carry on "business as usual" , that the path to drag India to the 21st Century and modernity includes respecting the laws of the land and the rights of the people and the protection of the environment.

JR will win some and lose some battles in the process, but given the current circumstances in the country which is pursuing rapid economic growth, I wouldn't like to be in his shoes...so let's give him the courage and popular support he needs to fight our battles in the front line!

Carmen

26 August 2010

Dear all,
just adding to what Carmen is pointing out,

Please do not forget that the Legal recourse for vedanta is not shut. they can file an appeal against the MoEF order in the High court or in the Supreme court. Secondly, in this entire hullabaloo the struggle of the people, their supporters is completely missed and not being acknowledged and the entire process is being hijacked by the minister and we as civil society members are taking this away from the people who actually kept the struggle on on the ground locally, nationally, internationally. Thirdly, we should not forget that the Lanjigarh plant at the foothills of Niyamgiri is still functioning and will procure bauxite from somewhere else which the COO of the company has already hinted at and he has also made the Orissa State govt liable for procuring bauxite for their Lanjigarh plant as per their MOU. So friends the war is still on..... this should be looked at as a breathing space to muster more strength and continue to apply the pressure and as Carmen rightly put it - ' lets keep our roses till we really know'

Aameen! – Krishna

26 August 2010

Dear Carmen and Hartman

I think we need to bear in mind that this is not really about Jairam. He may be more scrupulous than most Indian politicians, but the issue is how the MoEF operates in relation to big companies and the power clusters in the political parties.

The MoEF now potentially has money on the table for Carbon trading from its forests and other green funding streams (REDD+, CDM, voluntary carbon markets). This gives it a position vis-a-vis the Chidambarams of this world: The environment is going up the budgetary agenda.

But there are indeed still the POSCO and TATA projects, Jindal sponge iron and so on and so on.

This is about the regulatory and institutional environment, the above political economy and pressure from mass movements ultimately. In other words, we need to work in a way that is not dependent on one politician being "nice" even if that is helpful sometimes.

The point is that there are legal limits on the power of these Companies, in terms of both environmental and tribal rights legislation, but that these rights will not be respected without ongoing pressure from social movements, as well as funding streams for the environment.

This is why conservationists and tribal rights people need to get onto the same page, because otherwise things like Carbon Trading will be converted into something that ends up funding the diversion of Forest by the Vedantas of this world - this is already the pattern emerging with the Supreme Court's moves to implement Compulsory Afforestation Schemes under the Godarvarmen case - rather than acting to protect the forests and the people that live in them.

It should also be noted the UK DfID has a huge influence in Orissa, and has been part and parcel of opening up Orissa to private mining companies like Vedanta. This means that Firengs like myself have a responsibility to get our governments to stop such corruption of the rule of law.

Daniel

26 August 2010

Krishna, I take the points you both made, and yes, we must not forget the tremendous long term suffering and pressure put by the civil society in Orissa and across India about this issue which I have no doubts also contributed to the ultimate decisions taken by the government. However I am under the impression that in this democracy of ours, the voice of the people is seldom listen to when business interests are considered.

Perhaps I am wrong, so please elucidate me!

Carmen

26 August 2010

Vedanta's Malco plant was shut down after a prolonged legal & ground battle over illegal mining in kolli hills/ shervarayon ranges & Mettur.

Jindal's proposed iron ore mining project in eastern ghats - kanja malai, salem dist & in kawithi hills, thiruvanamalai dist were cancelled following a huge public uproar.

The company infact had to withdraw its salem dist application.

Sheer power of people & that is the only thing that would win ....

Piyush

26 August 2010

I feel that if we could have a blog in a daily newspaper, as per the exchanges that have been happening here, it would be rivetting for people as an ongoing daily saga. What vitality & renewed liveliness it would bring to the press... The newspaper could say they have no responsibility for views expressed.. This kind of opening up could be so dynamic.. Any chance? Vanya

26 August 2010

news papers are owned by very powerful businessmen and politicians

that is why we will be depending on the internet

onne paper launches a campaign one man

eg cnn ibn lokmat is going hammer

and tongs

against the pawars

father anddaughter duo

who are up to all kinds of

shady deals

now the CBI has given that rascal sharad pawar a clean chit in the IPL business

only last month a news item in lokmat and on cnn ibn was blanked out after one day

it concerned supriya sules citizenship

it seems she has property in singapore

which she cannot have unless she has citizenship there

then what is she doing in indian politics

now we have to worry about the nuclear power bill

much disaster coming to unsuspecting people /villagers

we have so much sunshine

why cant we use more of solar power

shyamala

27 August 2010

Friends,

Hartman DOES have a very strong point. And I am among those who sent a personal congratulatory e-mail to Jairam Ramesh! I do not regret having sent it, because Jairam Ramesh DOES need support, but I at least need to ask him why he does not take similar action (or demand take similar action) in long outstanding cases which are very clear from the legal standpoint, as Hartman indignantly points out. In addition to the instances that Hartman lists, there is also the Narmada (Sardar Sarovar) case - a very old case - where all that he has to do is issue an order from MoEF based upon the Supreme Court's decision.

I have appreciated JR's action because it has given the Dongria Khond people a reprieve against the onslaught of one of the biggest corporate raiders (Vedanta). This will surely send messages to other corporate raiders that people's voices cannot be ignored because there are some people in government who are doing the right thing (even if for political reasons, as is clear in this case when Rahul Gandhi announced that he is their "soldier in Delhi", and which obviously gave political strength to JR to do what he did). The corporate land-grabbers will no doubt re-group and adopt different tactics ... but we need to have (1) one section appreciating what is right and good even while (2) another section asks for more, like NFFPFW demanding that land-grabbing by corporates all across India must immediately cease (SEE ATTACHED FILE), and (3) yet another section asks why A, B, C, D ... have not been done on the lines of Vedanta.

So let us all participate as best we can.

Bravo, Hartman!

Sudhir Vombatkere

27 August 2010

Dear friends

These communications have been most passionate, constructive, educational and balanced in tone and susbtance, and I want to thank all of you who have engaged in it so far and I hope we continue in the same spirit.

I now suggest we actually also think together in doing something constructive about it and go beyhond just writing to each other in this forum.

Could we perhaps write a letter supporting the Vedanta achievement not only to JR but to PM, and the CM of Orissa and Rahul Gandhi.

We could also perhaps give the MoEF a list of other cases that still need urgent resolution and we are all watching and waiting for results, although no doubt he knows very well what he needs to do next. We need to also write to Rahul Gandhi and give him a list of other people he can be not a soldier but promote him to a " general in Delhi"...

From our part we also need to be realistic about our expectations, given the massive list of cases pending and forces involved - given the slow pace of the justice system, I am sure many cases will take time to get resolved, but the Narmada !!!! ?? a classic case of chronic deafness by politicians when it comes to hearing the voices of the people!

The bottom line is that JR needs public support to do his job without fear of being transferred suddently to another ministry.... I frankly don't care much at this stage if he executes the mandate of the MoEF for political reasons or what ever reasons, after all he is there because he is a politician, as long as we get the right and just solutions.

We should support him and let the whole nation know that we support him when he manages to do something that is right , just and for the protection of the environment and people's rights and therefore from our point of view, like in the Vedanta case, which should not been seen as letting him off the hook about all the other similar cases that need resolving.

I am sure also that Hartman will be able to publish an opinion piece in a national paper like Hindustan Times or something, as it is important for us to try and infiltrate the mainstream press. It is not easy, but we can try. Come on Hartman, write something about what we have been discussing here and let's try and get it published.

Carmen

27 August 2010

Carmen, you wrote “Could we perhaps write a letter supporting the Vedanta achievement not only to JR but to PM, and the CM of Orissa and Rahul Gandhi.”

It means we write to Naveen Patnaik, the CM of Orissa who made a trip for agarwal & posco to get their files cleared. & to whom Manmohan, the PM of India that has been bleeding in the heart & head because Dear Manmohan/Montek & Chidu wanna fill their corporate master's pocket ...

Piyush

27 August 2010

Sorry Piyush, you misunderstood me, that was not what I meant.

I think all those powerful people who supported Vedanta, should know that there are thousands of us out there who support the decision taken by the MoEF despite all the efforts to the contrary by the CM and government officials of Orissa and others.

Carmen