Hon'ble CM's communication w.r.t. letter on State Govt’s policy against carcinogenic asbestos factories
1 view
Skip to first unread message
Gopal Krishna
Jul 8, 2019, 8:31:36 AM7/8/19
to healt...@nic.in, cmbihar-bih, cs-bihar
To
Principal Secretary
Health Department
Government of Bihar
Patna
Subject:Hon'ble CM's communication w.r.t. letter on State Govt’s policy against carcinogenic asbestos factories
Sir,
We submit that the letter in question is demanding creation of a register of victims of asbestos related diseases and a register asbestos laden buildings and products in general and a probe on the health status of workers, their families and communities linked to and in proximity of the two units of asbestos factories in Bihiya, Bhojpur run by Tamil Nadu based Ramco Industries Limited.
We hope that in pursuance of Ho'nble Chief Minister's considered view, the Health Department will act promptly to safeguard the health of present and future residents of Bihar by imposing immediate ban on use of asbestos based products of all kinds in State.
We will be happy to share additional details and information in this regard.
Thanking you in anticipation.
Warm Regards
Dr Gopal Krishna, LL.B., Ph.D
Ban Asbestos Network of India (BANI)-ToxicsWatch Alliance (TWA)
Mb: 9818089660
--------- Forwarded message ----------
From: Nitish <cmbih...@nic.in>
Date: Monday, July 8, 2019
Subject: Kudos to Bihar Govt’s policy against carcinogenic asbestos factories
To: health <healt...@nic.in>
Cc: krishn...@gmail.com
-------- Original Message --------
From: Gopal Krishna <krishn...@gmail.com>
Date: Jul 5, 2019 9:55:19 PM
Subject: Kudos to Bihar Govt’s policy against carcinogenic asbestos factories
To: cmbihar-bih <cmbih...@nic.in>
Cc: cs-bihar <cs-b...@nic.in>
From: Nitish <cmbih...@nic.in>
Date: Monday, July 8, 2019
Subject: Kudos to Bihar Govt’s policy against carcinogenic asbestos factories
To: health <healt...@nic.in>
Cc: krishn...@gmail.com
-------- Original Message --------
From: Gopal Krishna <krishn...@gmail.com>
Date: Jul 5, 2019 9:55:19 PM
Subject: Kudos to Bihar Govt’s policy against carcinogenic asbestos factories
To: cmbihar-bih <cmbih...@nic.in>
Cc: cs-bihar <cs-b...@nic.in>
Note: Pdf version of BANI-TWA letter to Hon'ble BIhar Chief Minister
is attached.
Ban Asbestos Network of India (BANI)
ToxicsWatch Alliance (TWA)
To
Shri Nitish Kumar
Hon’ble Chief Minister
Government of Bihar
Patna
05 July, 2019
Subject-Kudos to Bihar Govt’s policy against carcinogenic asbestos factories
Dear Sir,
Greetings from Ban Asbestos Network of India (BANI)-ToxicsWatch Alliance (TWA)!
This is to express our deep sense of appreciation for declaring in the
State Assembly that Bihar Government will not allow construction of
carcinogenic asbestos factories in the state on 1st July, 2019. This
announcement of yours is a vindication of the anti-asbestos struggle
by villagers of Muzaffarpur, Vaishali and Bhojpur. BANI- TWA has been
part of this struggle for safeguarding public health.
We submit that the death toll of children in Muzaffarpur has revealed
that asbestos cement sheets are quite unhealthy building materials.
The fact remains children did not die specifically because of it but
this unsafe and hazardous roofing material surely contributed to
deterioration of their health.
We submit that your observation with regard to carcinogenic white
chrysotile asbestos mineral fiber is consistent with what is published
on National Health Portal (NHP) , Centre for Health Informatics (CHI),
National Institute of Health and Family Welfare (NIHFW), Ministry of
Health and Family Welfare (MoHFW), Government of India. The National
Health Portal states that “All forms of asbestos (chrysotile,
crocidolite, amosite, tremolite, actinolite and anthophyllite) are in
use because of their extraordinary tensile strength, poor heat
conduction, and relative resistance to chemical attack. Chemically,
asbestos minerals are silicate compounds, meaning they contain atoms
of silicon and oxygen in their molecular structure. All forms of
asbestos are carcinogenic to humans. Exposure to asbestos (including
chrysotile) causes cancer of the lung, larynx, and ovaries, and also
mesothelioma (a cancer of the pleural and peritoneal linings).
Asbestos exposure is also responsible for other diseases such as
asbestosis (fibrosis of the lungs), and plaques, thickening and
effusion in the pleura.” It observes that “Exposure to asbestos
occurs through inhalation of fibers in air in the working environment,
ambient air in the vicinity of point sources such as factories
handling asbestos, or indoor air in housing and buildings containing
friable asbestos materials.”
We wish to draw your urgent attention towards the order of Kerala
Human Rights Commission (KHRC) that has ruled that exposing Indians to
asbestos is a human rights violation. This paves the way for the
eventual complete ban on asbestos and its products. On January 31,
2009, the KHRC ruled that the government should take steps to phase
out asbestos roofing from all schools in the state. Bihar government
can act of this recommendation as well.
Given the ubiquitous presence of the fiber, there is no alternative to
getting it banned in right earnest.
We submit that so far Government of India has ignored Supreme Court’s
order of 27 January, 1995 in Writ Petition (Civil) No. 206 of 1986.
The Court observed: “The development of the carcinogenic risk due to
asbestos or any other carcinogenic agent, does not require a
continuous exposure. The cancer risk does not cease when the exposure
to the carcinogenic agent ceases, but rather the individual carries
the increased risk for the remaining years of life. The exposure to
asbestos and the resultant long tragic chain of adverse medical, legal
and societal consequences, remains the legal and social responsibility
of the employer or the producer not to endanger the workmen or the
community of the society. He or it is not absolved of the inherent
responsibility to the exposed workmen or the society at large. They
have the responsibility legal, moral and social to provide protective
measures to the workmen and to the public or all those who are exposed
to the harmful consequences of their products. Mere adoption of
regulations for the enforcement has no real meaning and efficacy
without die professional, industrial and governmental resources and
legal and moral determination to implement such regulations.”
We submit that all the central ministries and state governments were
supposed to incorporate specific directions of the Court given in its
verdict of 27 January 1995 and reiterated on 21 January 2011 with
regard to fresh ILO Resolution of June 14, 2006 introducing a ban on
all mining, manufacture, recycling and use of all forms of asbestos
besides WHO‟s resolution of 2005 seeking elimination of future use of
asbestos but it has been ignored so far. The Court referred to the In
the "Encyclopaedia of Occupational Health and Safety", Vol-1,
published by International Labour Office, Geneva, the latest 4th
Edition, 1991 that provides definition of asbestos-“Its Pathology has
been stated at page 188 in Vol-1, which is as follows:- "The retained
fibres in the alveolar region are 3 um or less in diameter but may be
up to 200 um long. Animal experiments strongly point to the longer
fibres, 5 um and over, as being much more fibrogenic than shorter
fibres. A proportion of the longer fibres, especially amphiboles,
become coated with an iron Protein complex producing the drumstick
appearance of asbestos bodies. All types of asbestos cause similar
fibrosis” (Supreme Court, 1995). Drawing on the Encyclopedia, it
recorded that “The signs and symptoms of asbestosis are similar to
those caused by other diffuse interstitial fibroses of the lung.
Increased breathlessness on exertion is usually the first symptom,
sometimes associated with aching or transient sharp pains in the
chest.” Hon’ble Supreme Court has recorded that “whenever asbestos
fibres are used for insulation and other purposes, the possibility of
asbestosis among workers due to inhalation of asbestos fibres cannot
be ruled out” (Supreme Court, 2005). It noted that these materials
are highly dangerous to human health, if inhaled or if contacted with
skin surface.
We wish to also draw your attention towards what Government of India’s
National Health Portal states: “The burden of asbestos-related
diseases is still rising, even in countries that banned the use of
asbestos in the early 1990s. Because of the long latency periods
attached to the asbestos related diseases, stopping the use of
asbestos now will result in a decrease in the number of
asbestos-related deaths only after a number of decades. There is no
safe use of asbestos and no safe limits set by WHO, ILO (International
labour organization)” . It discloses that “The prevalence of
asbestosis in four cement factories (Ahmadabad, Hyderabad, Coimbatore
and Mumbai) varied from 3% to 5%” and “In asbestos textile industry
prevalence of asbestosis was 9% in workers having less than 10 years
exposure, in contrast to the reported average duration of over 20
years” (National Health Portal, Government of India).
We submit that in a reply to the Parliament, Union Minister of Health
and Family welfare stated that “The Ministry of Mines has informed
that the Grant of fresh mining leases and renewal of existing mining
leases for Asbestos are presently banned in the country on Health
Grounds” (Union Ministry of Health and Family welfare, 2014). He also
shared the findings of the Indian Council of Medical Research (ICMR),
Union Ministry of Health and Family welfare which has “informed that
major health hazards of asbestos include cancer of lung, mesothelioma
of pleura and peritoneum and specific fibrous disease of lung known as
asbestosis. All types of asbestos fibers are responsible for human
mortality and morbidity….” This has been shared by the Union Minister
for Health and Family Welfare in a written reply to the Parliament and
released by Press Information Bureau, Government of India. This reply
corroborates your observation in the State Assembly.
We commend the fact that you have factored in the lessons from the
bitter protests of villagers led to the cancellation of asbestos based
factories in Bhojpur, Muzaffarpur, Vaishali, West Champaran and
Madhubani in Bihar. But the factories in Bhojpur’s Bihiya have managed
to get relief from Hon’ble Patna High Court on a grossly procedural
ground of violation of natural justice. This procedural error ought to
be rectified and the operation of the two units of an asbestos company
must be stopped. Its operation is a case of environmental health
lawlessness. It has dumped hazardous asbestos waste in the
agricultural fields and has been spewing toxic asbestos dust at night.
It has violated every specific and general condition which has been
stipulated in the environmental clearance and the No Objection
Certificate. It may also be noted that when a worker died in this
factory, his family was given a compensation of Rs 5, 000. The factory
seemed to have own the patronage of Bhojpur administration by donating
asbestos roofs to it for its parking. This situation creates a
compelling logic for medical investigation of the health status of the
village and temple communities living in the vicinity of these units
and the workers of these two factories owned by the same company. The
probe can reveal the extent of asbestos related diseases in this area.
Given the fact that all asbestos based products have a life-span, it
is natural that all asbestos based products are potential asbestos
wastes. This state of sad affairs is crying for attention. At present
Indian railways is removing asbestos cement roofs from all the railway
stations and platforms in Bihar and in other parts of the country but
it is not being disposed of in a scientific and safe manner. It is
currently lying on railway platforms including at Patna Junction. This
is endangering the health of all unsuspecting passengers.
In view of the above, we submit that Bihar government must consider
putting an end to the use of the of all kinds of asbestos products
that is being used and encountered daily, because none of the schools,
offices, legislatures, courts, hospitals, automobiles, private and
public buildings in our state are asbestos free. It must impose ban on
procurement of asbestos based products, create a register of asbestos
laden buildings and victims of asbestos related diseases besides
setting up a compensation fund for them. It also creates a need to
create a Master Plan for decontaminating all asbestos laden buildings
including legislative and judicial buildings.
Therefore, it is necessary to initiate preventive action in order to
protect present and future generations from the silent killer which is
akin to a time bomb. It is also necessary to withdraw fake cases
against anti-asbestos villagers and activists in Muzaffarpur and
Vaishali. We will be glad to share more relevant information against
asbestos of all forms including white asbestos (chrysotile) as well.
Thanking you in anticipation.
Yours faithfully
Dr Gopal Krishna, LL.B., Ph.D
Ban Asbestos Network of India (BANI)*
ToxicsWatch Alliance (TWA)**
Mb: 9818089660
E-mail:krishn...@gmail.com
Website:www.asbestosfreeindia.org
www.toxicswatch.com
*Ban Asbestos Network of India (BANI) has been working for freedom
from asbestos related diseases since 2000. **ToxicsWatch Alliance
(TWA) has been documenting environmental and occupational health
hazards of industrial and urban activity since 2005.
is attached.
Ban Asbestos Network of India (BANI)
ToxicsWatch Alliance (TWA)
To
Shri Nitish Kumar
Hon’ble Chief Minister
Government of Bihar
Patna
05 July, 2019
Subject-Kudos to Bihar Govt’s policy against carcinogenic asbestos factories
Dear Sir,
Greetings from Ban Asbestos Network of India (BANI)-ToxicsWatch Alliance (TWA)!
This is to express our deep sense of appreciation for declaring in the
State Assembly that Bihar Government will not allow construction of
carcinogenic asbestos factories in the state on 1st July, 2019. This
announcement of yours is a vindication of the anti-asbestos struggle
by villagers of Muzaffarpur, Vaishali and Bhojpur. BANI- TWA has been
part of this struggle for safeguarding public health.
We submit that the death toll of children in Muzaffarpur has revealed
that asbestos cement sheets are quite unhealthy building materials.
The fact remains children did not die specifically because of it but
this unsafe and hazardous roofing material surely contributed to
deterioration of their health.
We submit that your observation with regard to carcinogenic white
chrysotile asbestos mineral fiber is consistent with what is published
on National Health Portal (NHP) , Centre for Health Informatics (CHI),
National Institute of Health and Family Welfare (NIHFW), Ministry of
Health and Family Welfare (MoHFW), Government of India. The National
Health Portal states that “All forms of asbestos (chrysotile,
crocidolite, amosite, tremolite, actinolite and anthophyllite) are in
use because of their extraordinary tensile strength, poor heat
conduction, and relative resistance to chemical attack. Chemically,
asbestos minerals are silicate compounds, meaning they contain atoms
of silicon and oxygen in their molecular structure. All forms of
asbestos are carcinogenic to humans. Exposure to asbestos (including
chrysotile) causes cancer of the lung, larynx, and ovaries, and also
mesothelioma (a cancer of the pleural and peritoneal linings).
Asbestos exposure is also responsible for other diseases such as
asbestosis (fibrosis of the lungs), and plaques, thickening and
effusion in the pleura.” It observes that “Exposure to asbestos
occurs through inhalation of fibers in air in the working environment,
ambient air in the vicinity of point sources such as factories
handling asbestos, or indoor air in housing and buildings containing
friable asbestos materials.”
We wish to draw your urgent attention towards the order of Kerala
Human Rights Commission (KHRC) that has ruled that exposing Indians to
asbestos is a human rights violation. This paves the way for the
eventual complete ban on asbestos and its products. On January 31,
2009, the KHRC ruled that the government should take steps to phase
out asbestos roofing from all schools in the state. Bihar government
can act of this recommendation as well.
Given the ubiquitous presence of the fiber, there is no alternative to
getting it banned in right earnest.
We submit that so far Government of India has ignored Supreme Court’s
order of 27 January, 1995 in Writ Petition (Civil) No. 206 of 1986.
The Court observed: “The development of the carcinogenic risk due to
asbestos or any other carcinogenic agent, does not require a
continuous exposure. The cancer risk does not cease when the exposure
to the carcinogenic agent ceases, but rather the individual carries
the increased risk for the remaining years of life. The exposure to
asbestos and the resultant long tragic chain of adverse medical, legal
and societal consequences, remains the legal and social responsibility
of the employer or the producer not to endanger the workmen or the
community of the society. He or it is not absolved of the inherent
responsibility to the exposed workmen or the society at large. They
have the responsibility legal, moral and social to provide protective
measures to the workmen and to the public or all those who are exposed
to the harmful consequences of their products. Mere adoption of
regulations for the enforcement has no real meaning and efficacy
without die professional, industrial and governmental resources and
legal and moral determination to implement such regulations.”
We submit that all the central ministries and state governments were
supposed to incorporate specific directions of the Court given in its
verdict of 27 January 1995 and reiterated on 21 January 2011 with
regard to fresh ILO Resolution of June 14, 2006 introducing a ban on
all mining, manufacture, recycling and use of all forms of asbestos
besides WHO‟s resolution of 2005 seeking elimination of future use of
asbestos but it has been ignored so far. The Court referred to the In
the "Encyclopaedia of Occupational Health and Safety", Vol-1,
published by International Labour Office, Geneva, the latest 4th
Edition, 1991 that provides definition of asbestos-“Its Pathology has
been stated at page 188 in Vol-1, which is as follows:- "The retained
fibres in the alveolar region are 3 um or less in diameter but may be
up to 200 um long. Animal experiments strongly point to the longer
fibres, 5 um and over, as being much more fibrogenic than shorter
fibres. A proportion of the longer fibres, especially amphiboles,
become coated with an iron Protein complex producing the drumstick
appearance of asbestos bodies. All types of asbestos cause similar
fibrosis” (Supreme Court, 1995). Drawing on the Encyclopedia, it
recorded that “The signs and symptoms of asbestosis are similar to
those caused by other diffuse interstitial fibroses of the lung.
Increased breathlessness on exertion is usually the first symptom,
sometimes associated with aching or transient sharp pains in the
chest.” Hon’ble Supreme Court has recorded that “whenever asbestos
fibres are used for insulation and other purposes, the possibility of
asbestosis among workers due to inhalation of asbestos fibres cannot
be ruled out” (Supreme Court, 2005). It noted that these materials
are highly dangerous to human health, if inhaled or if contacted with
skin surface.
We wish to also draw your attention towards what Government of India’s
National Health Portal states: “The burden of asbestos-related
diseases is still rising, even in countries that banned the use of
asbestos in the early 1990s. Because of the long latency periods
attached to the asbestos related diseases, stopping the use of
asbestos now will result in a decrease in the number of
asbestos-related deaths only after a number of decades. There is no
safe use of asbestos and no safe limits set by WHO, ILO (International
labour organization)” . It discloses that “The prevalence of
asbestosis in four cement factories (Ahmadabad, Hyderabad, Coimbatore
and Mumbai) varied from 3% to 5%” and “In asbestos textile industry
prevalence of asbestosis was 9% in workers having less than 10 years
exposure, in contrast to the reported average duration of over 20
years” (National Health Portal, Government of India).
We submit that in a reply to the Parliament, Union Minister of Health
and Family welfare stated that “The Ministry of Mines has informed
that the Grant of fresh mining leases and renewal of existing mining
leases for Asbestos are presently banned in the country on Health
Grounds” (Union Ministry of Health and Family welfare, 2014). He also
shared the findings of the Indian Council of Medical Research (ICMR),
Union Ministry of Health and Family welfare which has “informed that
major health hazards of asbestos include cancer of lung, mesothelioma
of pleura and peritoneum and specific fibrous disease of lung known as
asbestosis. All types of asbestos fibers are responsible for human
mortality and morbidity….” This has been shared by the Union Minister
for Health and Family Welfare in a written reply to the Parliament and
released by Press Information Bureau, Government of India. This reply
corroborates your observation in the State Assembly.
We commend the fact that you have factored in the lessons from the
bitter protests of villagers led to the cancellation of asbestos based
factories in Bhojpur, Muzaffarpur, Vaishali, West Champaran and
Madhubani in Bihar. But the factories in Bhojpur’s Bihiya have managed
to get relief from Hon’ble Patna High Court on a grossly procedural
ground of violation of natural justice. This procedural error ought to
be rectified and the operation of the two units of an asbestos company
must be stopped. Its operation is a case of environmental health
lawlessness. It has dumped hazardous asbestos waste in the
agricultural fields and has been spewing toxic asbestos dust at night.
It has violated every specific and general condition which has been
stipulated in the environmental clearance and the No Objection
Certificate. It may also be noted that when a worker died in this
factory, his family was given a compensation of Rs 5, 000. The factory
seemed to have own the patronage of Bhojpur administration by donating
asbestos roofs to it for its parking. This situation creates a
compelling logic for medical investigation of the health status of the
village and temple communities living in the vicinity of these units
and the workers of these two factories owned by the same company. The
probe can reveal the extent of asbestos related diseases in this area.
Given the fact that all asbestos based products have a life-span, it
is natural that all asbestos based products are potential asbestos
wastes. This state of sad affairs is crying for attention. At present
Indian railways is removing asbestos cement roofs from all the railway
stations and platforms in Bihar and in other parts of the country but
it is not being disposed of in a scientific and safe manner. It is
currently lying on railway platforms including at Patna Junction. This
is endangering the health of all unsuspecting passengers.
In view of the above, we submit that Bihar government must consider
putting an end to the use of the of all kinds of asbestos products
that is being used and encountered daily, because none of the schools,
offices, legislatures, courts, hospitals, automobiles, private and
public buildings in our state are asbestos free. It must impose ban on
procurement of asbestos based products, create a register of asbestos
laden buildings and victims of asbestos related diseases besides
setting up a compensation fund for them. It also creates a need to
create a Master Plan for decontaminating all asbestos laden buildings
including legislative and judicial buildings.
Therefore, it is necessary to initiate preventive action in order to
protect present and future generations from the silent killer which is
akin to a time bomb. It is also necessary to withdraw fake cases
against anti-asbestos villagers and activists in Muzaffarpur and
Vaishali. We will be glad to share more relevant information against
asbestos of all forms including white asbestos (chrysotile) as well.
Thanking you in anticipation.
Yours faithfully
Dr Gopal Krishna, LL.B., Ph.D
Ban Asbestos Network of India (BANI)*
ToxicsWatch Alliance (TWA)**
Mb: 9818089660
E-mail:krishn...@gmail.com
Website:www.asbestosfreeindia.org
www.toxicswatch.com
*Ban Asbestos Network of India (BANI) has been working for freedom
from asbestos related diseases since 2000. **ToxicsWatch Alliance
(TWA) has been documenting environmental and occupational health
hazards of industrial and urban activity since 2005.
--
Gopal Krishna, Ph.D
Reply all
Reply to author
Forward
0 new messages