One thing THAT WILL STOP THE GOVERNMENT and industry IS LEGAL ACTION.When we know the law better than they do, when they know we can take them to court and win, When we can prove that they are violating regulations.

One thing THAT WILL STOP THE GOVERNMENT and industry IS LEGAL ACTION.When we know the law better than they do, when they know we can take them to court and win, When we can prove that they are violating regulations.

One thing THAT WILL STOP THE GOVERNMENT and industry IS LEGAL ACTION.When we know the law better than they do, when they know we can take them to court and win, When we can prove that they are violating regulations.

Citizen’s Right to Know KIT

A Thousand Bhopals All Over India!!

Greenpeace has identified hotspots of Toxic Industrial Pollution where industries have created a significant and lasting impact on surrounding environments and by dispersing the toxics in their processes and products to consumers and environments throughout the country. Over years of investigations, working with communities in some of these areas and sampling environment for toxic poisons, we have realized that most of these places are headed for another big Bhopal-like, and in some cases, even bigger tragedies. Most are already witness to tragedies evolving in slow motion, [with obvious and persistent releases] of toxics into their environments, and with impacts on health which communities are ill equipped to define or remedy. All these industrial toxic hotspots are dominated by rich Multinational and Indian corporations and industries who are accountable to no one, and who have bent laws and purchased from pliant bureaucracies the right to contaminate this country and its people in the name of

The Community Health Environmental Survey

Skillshare

The skillshare organised by Community Health Cell, Thanal, Corp Watch & Greenpeace brings together health professionals, community representatives, NGO’s working on local issues, lawyers, consumer groups. It aims to equip communities and campaigners to perform community health surveys and use the results to empower themselves, assert their ‘right to know’, ensure polluter

The Citizens’s Right To Know Kit (which is in your hands now!!)

This is a tool which helps a layperson to make the shift from ‘knowing’ to ‘Acting’.

It’s about exercising one’s rights and HOW one should go about it.A powerful tool--as it enables YOU to exercise YOUR rights based

on Law!

The Jatha!

The Greenpeace Jatha (bus tour) travelled across 25 toxics hotspots in India. Diverse people representing different organizations, movements, and concerned professionals working on the issue of toxic pollution and community health came together. The highlight of the Jatha was engaging with local organization, common people, government officials, industries, through a series of creative and innovative actions, protests and

What is this kit all about anyway 1Right to know 2The Freedom of Information Bill 3How to Get Information 5 Role of Laws 6 The Factories act 7The Air Act 10The Water Act 12The Environment Protection Act 13Public Hearing 15Public Liability Insurance Act 18The Indian Penal Code / The Criminal Procedure Code 20The Disaster Management Plan 21Environmental Occupational Health & Safety Legislation for Industries 23Do You Know America’s RTK 25The International Legal Instruments 26India Signatory / Party to International Environmental Law 28The Rise Of Corporate Global Power 30The Struggle must go on 32To Start a Campaign 33Four Elements of Grassroot Campaigning 34Media - Getting the Message Out 36Feedback Section 40Bibliography 41

Letter to the Manager 8Letter to the District Magistrate 9Letter to the Sarpanch 17The form of Application for Compensation 19The Letter to Pollution Control Board 22Letter to the Managing Director(Company) 29Join & Feel the Power of Research 35Join the Campaign 39

Letter to the Manager 8Letter to the District Magistrate 9Letter to the Sarpanch 17The form of Application for Compensation 19The Letter to Pollution Control Board 22Letter to the Managing Director(Company) 29Join & Feel the Power of Research 35Join the Campaign 39

TOOL

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This kit has been created with the simple and strong belief

that an individual can make a difference.

This kit is a beginning. It will enable anyone to extract basic

information, and show them how to access information whenever necessary

from Governments and Industries.

Many factors are involved in the operations of any industry.. Right from the

land it will stand on, the production processes it involves, all its waste

products, all inputs it uses, the labour it uses, the resources it uses [like water,

electricity] and the society it has to co-exist with, in order to keep these

industries accountable to the law, one first needs to KNOW the basic legal

framework and what a industry/factory can and can NOT do.

This knowledge alone can serve as a powerful and far reaching catalyst for

social change. It informs us about what we are ENTITLED to as citizens of

this country. But the first step is to realize that KNOWING itself is a right,

that no one can, legally, keep facts hidden from us.

So how do we access this information? That’s what this kit hopes to

address. Three things have been done in this kit.

The first section of the kit informs you about some essential Indian Laws.

Each law is supported by a “ tool” to act or engage with the govt. or legal

authorities. These “tools for action” are instantly usable.. A special emphasis

is laid on the Freedom of Information Bill. You’ll soon see why!

Secondly, the kit also looks at those International Laws that India is a

party/signatory to. This means added strength..

Thirdly, there is a comprehensive design for ACTION given at the end of

this kit. Perhaps it could give you some pointers on HOW to conduct a

fruitful campaign that will involve people, media and the

government..Though the kit may guide, only you can propel yourself to

action, so go ahead!

Be your own Master!

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The Freedom of Information Bill, 2002, keeps private enterprise and the market out of its purview. Justice P. B. Sawant former Supreme Court Judge, who as Chairman, Press Council of India(PCI), oversaw the PCI draft, is critical of the Bill on this account. “Private bodies, especially where their activities affect the fundamental rights of the public, must be required to disclose information. In times of far-reaching privatization, institutions such as electricity boards and banks cannot be left out of the law’s scope,” he asserts. In fact, the current Bill does not seek the disclosure of trade and commercial information, and fails to provide for their disclosure even where there is an overriding public interest.

The Indian law, in Justice Sawant’s view, misses the point that information is clearly a public good and should apply to all areas, including markets and governments.

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INTRODUCTION Community’s Right to Know and Freedom Of Information .

We often hear of these terms. But what exactly is this right, and what exactly is the freedom about? The right to know, generally means that people are ENTITLED to know important information about their surroundings and surrounding factories. They have a right to know about all the chemicals used and the hazards the factories pose. Associated with the right to know is the ‘right to act’ and ‘right to participate’ in environmental decision making. Only then can any knowledge be appropriately acted upon. Knowing about pollution is a basic right. This information need not mean the official document produced by the companies (like EIA report etc.), as these may not necessarily be true. The Government authorities need to be actively involved to ensure that accurate information revealed is accurate, and updated. They also need to ensure that the information is readily available to the public. What is information if it does not inform?

At a time when cost-benefit balances and risk assessments are used to guide policy, it is particularly important for the weight of public opinion to be added into the balancing process. Because “risks” mean it is our [ peoples’] well-being at risk, and any cost or benefit is a direct loss or gain for us. The public is an important player in this game. Well informed people can have a powerful effect on environmental policy. For they are at the receiving end of any process, industrial or trade, and it is ultimately the people, who should decide what is best for them.

2

HOW DOES SOCIETY BENEFIT FROM FREEDOM OF

INFORMATION (FOI) BILL?WHAT’S THIS BILL ALL ABOUT?

AND HOW DID IT COME?

There is a history to the FOI Bill, and it shares commonalities with many International conventions. We will look at the rights that this bill speaks of in three contexts:-

! the ICCPR [International Covenant on Civil and Political Rights]

! the UN [United Nations] and

! the Law in India. Article 19 of the ICCPR protects the freedom of information by laying down that:-

o Everyone shall have the right to freedom of opinion.

o Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of choice.

But of course there are certain responsibilities that accompany the freedom of expression. These would apply :

o For respect of the rights or reputation of others;

o For the protection of national security or of public order, or of public health or morals.

In 1946, the UN General Assembly adopted Resolution 59(1), which stated that:

“Freedom of information is a fundamental human right and… the touchstone of all the

freedoms to which the UN is consecrated.” Its importance has also been stressed in a number of reports by the UN Special Reporter on Freedom of Opinion and Expression.

Here’s an excerpt from his 1999 report:-

The Special Reporter expresses again his view, and emphasizes, that everyone has the right to seek, receive and impart information and that this imposes a positive obligation on States to ensure access to information, particularly with regard to information held by Government in all types of storage and retrieval systems - including film, electronic capacities, video and photographs - subject only to such restrictions as referred to in article 19, paragraph 3, of the International Covenant on Civil and Political Rights.

Fiji, Israel, Japan, Nigeria, South Africa, South Korea, Thailand, Trinidad and Tobago, the United Kingdom, a number of East and Central European States, and now India have legislation to give effect to this right. Sweden, the United States, Finland, the Netherlands, Australia, and Canada already have these laws.

Incidentally Article 19 of the Indian Constitution also protects the freedom of expression. In 1982, the Supreme Court of India ruled that access to government information was an essential part of the fundamental right to freedom of speech and expression. The Court stated:

The concept of an open Government is the direct emanation from the right to know which seems implicit in the

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right of free speech and expression guaranteed under Article 19(1)(a).

Therefore, disclosures of information in regard to the functioning of Government must be the rule, and secrecy an exception.

The approach of the Court must be to reduce the force of the areas dealing with secrecy as much as possible, bearing in mind all the time that disclosure also serves an important aspect of public interest.

SUMMARY OF THE BACKGROUND:

There are facts. There is information. But what is important is being AWARE of these. To become aware, you need access to the information. Accessible information is a fundamental requirement in a democracy. If facts (like effects, statistics, figures and procedures) are not revealed and are kept inaccessible then no one can be made accountable for untoward consequences, corruption will increase, and you and I will have very little control in matters that will ultimately affect us.

Resource management, social initiatives and economic strategies: these can be options only if the public is informed. Confidence in the government can occur only afterwards.

Access to information can happen in the following ways:

! Having access to records kept by the public authorities. An example would be the “consent register” - a record useful while making complaints under the Air and Water Acts.

! Through routine government publications of information and pro-active dissemination.

! Making the provision for enabling direct access requests.

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HOW TO GET INFORMATION

There are certain steps to follow in order to get information from the

State/Government authority. These steps are given below.

One can apply for information, in writing. For

those who cannot write, the Public Information

Officer (PIO), must offer assistance in translating

their request into a written one.

On receiving the request, the PIO must send an

acknowledgment [of its receipt]. He must also

Prescribe his fee

Mention the time it will take to send the

requested information

If not immediately, the PIO has to provide the information within 30 days of

receiving the request. However for information concerning the life and liberty of

a person, it should be provided within 48 hours of receiving the request.

On the other hand, the PIO may even reject a request. But not before stating:

(i) The reasons for such rejection:

(ii) The period within which an appeal against such rejections may be sent.

(iii) The particulars of the appellate authority.

Now, an appeal can be made [to a higher authority] when requests are rejected.

This appeal should be made within 30 days of the rejection.

If this appeal is also rejected ,then a second appeal can be made to the Central

Government/competent authority. And along with this second appeal, the reasons

for the rejection of the first appeal must be provided. So hold onto every

document carefully!

JANKARI KAISE LEINTHE FREEDOM OF INFORMATION BILL, 2002

!!

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sTaluk level)

u The District magistrate or the Collector.

At another level, The Indian Penal Code (the law governing crime and punishment) is operative at the level of police stations and has provisions to protect citizens against being victims of environmental degradation. (This code is discussed at on page 20)

A collective understanding of rights increases the strength of the community.

Picture this. You are living near a river contaminated by factory effluents. You don't know what chemicals the effluents consist of, or their effects. Bad enough that these effluents will take their toll on your health. You then learn that you had the right, all along, to know about the short and long term effects of these effluents. That the polluters were legally bound to warn you about their activities. Wouldn't your anger be heightened? Isn't it only logical to feel that one should be informed about the risks?

That's the point. If one realizes the importance of this Right to Know, one will also understand another role of the law. That is, if it is used by the whole community, then the community is bound to get a greater control over its circumstances.

Your

rights

are

YOURS.

Yes?

Rights Awareness and Opportunities within the Indian law

Laws create rights. Laws also lay down remedies if any rights are violated. This is just one of the

many roles of law.

Rights are always limited. So the legislatures and the courts try to balance competition between various sections in society, as they have their own rights.

For example, workers have a right to live a life without disease or risk of premature death caused by pollution exposures.. This is pitched against the rights of the polluters to produce goods and services by taking shortcuts [which lead to environmental degradation] and making profits.

An area of human activity that takes a serious toll on the environment is industrial activity.. Thus it is important to know how the Law seeks to regulate this activity. The right to produce must not be in conflict with the right to a good quality of life. Ensuring this and balancing the rights is the duty of the Law.

The ‘environment’ is not a phenomenon that begins outside the gates of factories.

We should note here that the air, water and soil in the premises of factories also make up the ‘environment’. However , there seem to be different laws for the environment within the factory and outside of it. People working in the factory or living around it suffer due to the steady environmental degradation and yet seem to have limited rights.. Often, studies have shown that 2 out of 3 cancer causing chemicals have surfaced in workplaces. This is a grave situation that shows that citizens' rights gets limited if they are not used and they remain as empty words on paper, unknown and benefitting no one.

What has led to this situation?

Firstly, the reason for our rights languishing in books of law is that the implementation mechanisms are cumbersome, costly and are heavily loaded against the less resourceful sections of society. Most often legal matters take years and can tire out even many of the most determined persons.

Secondly, there is a lack of awareness even about the limited legal rights workers and citizens have.

Let's look at the various levels at which the Law operates: -

u Judicial Magistrate class 1

u The Executive Magistrates or the Tahsildars (the officials of the revenue department at a Vijay Kanhere: Rights awareness and opportunities within Indian law,

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The Factories Act lays down all the procedures that the government uses to regulate factories in India.

Section 41 applies only to factories employing hazardous processes. Any process listed in the First Schedule of the Act is a hazardous process. The list in Schedule 1 has 29 items and includes dyes, insecticides, pesticides, fungicides, herbicides, benzene, petrochemicals, drugs and pharmaceuticals, resins and plastics, chemicals, metallurgical, foundaries, coal, power generating industries,

rubber, leather and tanning, electroplating and others.

In this act take special note of Section 41-b. The section is titled "COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER".

The act requires the occupier (factories, in most cases) to provide information on his/her initiative.

The act lays down that residents and local authorities must be informed about any potential dangers and health hazards of neighboring factories. It even gives measures to overcome any hazards that arise from the exposure to substances stored or handled in the factories.

41-B(3) rules that details about the

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quantity, specifications and other characteristics of waste (and its disposal) should be given.

These are the rights of every worker in every factory. Besides, workers also have a right, under section 7-A(1) and (2), to get informed and trained about the hazards in the factory.

Section 8 (4) states that every District Magistrate shall be the Inspector of Factories.

Every State Government has passed rules under the Factories Act. You have to see the rules in your state, to understand the implementation.

The Maharashtra Factories Rules for instance states that the information has to be given in the form of Material Safety Data Sheets, (MSDS).

If the Act is not implemented one can apply to the Inspector of Factories under this Act. One can ask for the permission of the Inspector to sue a factory in the court of Judicial Magistrate Class 1. The Court cannot be directly approached under this Act.

The Court has to be approached within 3 months of a violation. If the Inspector does not do her/his duty then one can approach the High Court for relevant Writs. (This is a tedious and costly procedure.) But one can take advantage of the fact that the District Magistrate is also an Inspector. He/She can be approached through the panchayat/elected members and influential bodies.

Vijay Kanhere: Rights awareness and opportunities within Indian law,

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Legal Rights under various Laws in India

The Manager,

Name/Address of the Industry:

……………………………………………………

Subject: Please provide information in form of material safety data sheets about the

hazardous substances used/produced and emitted by your factory, as well as information

regarding the air emissions and solid waste of your factory, and whether your factory is

releasing any liquid effluents into surface or ground water. Also inform us about the waste

disposal mechanisms you are employing and whether your emissions are in conformance with the

corresponding standards laid down by Pollution Control Boards.

Sir/Madam,

I am a resident of ————, residing in the vicinity of the factory——/ am a worker of the

factory—— / I am representing the ————union of workers in the factory———— OR

We are writing on behalf of the village panchayat— —, ward committee of municipality——.

Please do provide the information asked for in the subject of this letter.

Sincerely,

Xxxxx,

Address——

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To

The District Magistrate (Inspector of Factories under section 8 (4) of the Factories Act),

Or The Inspector of Factories,

Subject: The occupier of the factory (Name)__________ is requested to provide us with

information about the hazards posed by substances used/produced in the factory.We,the

residents of this vicinity/village panchayat/union of workers, also request information

regarding the methods of disposal used by them.

Sir/Madam,

We have written to the occupier of the above factory[name----]to provide the above

information

We request you to ask the occupier to provide the same in fifteen days.

Please permit us to approach the court of Judicial Magistrate Class I regarding violation of the

Factories Act, 1948.

Sincerely,

—————-—————-

Address:

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The Air Act of 1981 provides for the

prevention, control and abatement of air

pollution.

The Act, as amended in 1987, contains

several interesting features.

! First, Under the Air Act, all

industries operating within designated

air pollution control areas must obtain

a 'consent' (permit) from the State

Pollution Control Boards.

! Second, the Act

enables a magistrate to

restrain an air polluter

from discharging

emissions, and

empowers both the

Central and the

State PCBs to give

directions to

industries. The

board has the

power to close

down the industry

or withdraw its

supply of power

and water.

! Third, states are required to

prescribe emission standards for

industry after consulting the central

board.

Some more facts:

The ‘consent register’ is a record of the

conditions laid by the Pollution Control Board

about the standard of emissions. [Section 51

(1)]

Section 51 (2) states that the consent register

shall be open for inspection (at all reasonable

hours) by any person interested or affected by

such standards of emission. This register

should be available for inspection even by any

expert authorized by any interested person on

his/her behalf.

Under Section 43 (1) (b), a Metropolitan

Magistrate or a Judicial Magistrate of the first

class can try any offence on a complaint made

by any person who has

given 60 days’ notice of

the alleged offence, and

has filed a complaint, in

writing, to the Board, or

the officer authorised

under this Act..

41(2) states that when a

complaint is filed under 43

(1) (b), the Board shall, if

demanded, give the relevant report. There

is a condition laid, that the Board may

refuse to provide information if it

is of the opinion that, it is

against public interest to

provide the same. The

Board in its wisdom may

decide to refuse

information!

This denial also can be challenged, as it

cannot be arbitrary.

Vijay Kanhere: Rights awareness and opportunities within Indian law,

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Legal Rights under various Laws in India

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WHY IS THE CONSENT REGISTER

IMPORTANT?

Before an industry is established, it must submit several details regarding its

production process to the Pollution Control Board [PCB]. Once the PCB

approves of [or gives its "consent to establish"] all these details, then the

details are entered into the Consent Register. So this register contains a

"profile" of all industries and is important when one needs information

regarding a certain industrial set-up.

Broadly, these are the some of the details that an industry must submit to

the PCB for it to be entered into the Consent Register:-

n Details about the products it plans to produce

n Effluent treatment, including standards that need to be met [and a map

of the discharge outlets, too!]

n Location of sewage outlets [remember that sewage is different from

effluent]

n Details about non-hazardous wastes

n Water consumption details

n Details about all emission outlets

n Standards of emissions that must be met

n Details of fuel consumption

n The process involved in handling hazardous waste(s)

n Lays down a "self monitoring schedule" : wherein regular analysis of

treated effluents are carried out to check if they keep within the standards.

Vijay Kanhere: Rights awareness and opportunities within Indian law,

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Legal Rights under various Laws in India

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This Water Act of 1974 provides for the

prevention and control of water pollution.

The Water Act

is

comprehensiv

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coverage, as it

applies to

streams,

inland waters,

subterranean waters, and sea or tidal waters.

The Act enables State Pollution Control

Boards to establish and enforce effluent

standards for factories discharging pollutants

into bodies of water. (for Union Territories,

the Central Board is responsible)

The state boards also minimize water

pollution by advising state governments on

appropriate sites for new industry.

The Consent Register, similar to the one

mentioned in the Air Act, is a record of the

conditions laid by the pollution control

board about standards for emissions.

The consent register maintained

under section 25 (6), should be

open for inspection at all

reasonable hours by anybody

interested in or affected by

such emissions (or by any other

person authorized by such a person in

this behalf. )

So, dear readers, you have the right to know

about the consent register in detail. Step out

and ask for it.

If any other relevant report is required

then a request can be filed under Section

49(1)(b). But the Board can refuse to disclose

this information if it thinks it is against the

public interest. Of course this can be

challenged as it can't be arbitary!

Under Section 49 (1) (b), a Metropolitan

Magistrate or a Judicial Magistrate of the first

class can try any offence on a complaint given

within 60 days of the alleged offence. The

complaint has to be filed to the Board or

officer authorized under this Act.

Vijay Kanhere: Rights awareness and opportunities within Indian law,

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Legal Rights under various Laws in India

Legal Rights under various Laws in IndiaLegal Rights under various Laws in India

section 24]. Meaning polluters cannot

claim defence using any other acts, if they

have violated the EPA!

The legislation framed under the EPA falls

under four broad categories:

Pollution Control :

Section 7 of the EPA prohibits the

discharge or emission of environmental

pollutants in excess of the prescribed

standards. These standards are given in great

detail.

Hazardous Substance Regulation:

Under these rules, a hazardous industry is

required to identify major accident hazards,

take adequate preventive measures and submit

a safety report to the designated authority.

These rules require the Centre to constitute a

Central Crisis Group (CCG) under the

Chemical Accidents Rules,1996.[More details

are given on page 21]

Environment Impact Assessment (EIA)

EIAs are supposed to give a full

understanding of the impact of a proposed

project on Nature and people, and help assess

whether the project should or should not be

continued. They also form the basis of

mitigatory plans if the project is approved.

The EIA regulations apply to 29 designated

projects/industries which are enumerated in

Schedule I of the notification. (Please go

through section I of the Act for details).

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Vijay Kanhere: Rights awareness and opportunities within Indian law,

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In the wake of the Bhopal tragedy, the

Government of India enacted the

Environment (Protection) Act of 1986 (EPA).

The EPA is an 'umbrella' legislat

ion designed to provide

a framework for

central

government

coordinatio

n of the

activities of

various central and state authori

ties established under previous

laws, such as the Water Act and

Air Act. It is also an 'enabling' law, which

articulates the essential legislative policy on

environmental protection. It also delegates

wide powers to the Executive to enable

bureaucrats to frame necessary rules and

regulations regarding this..

The scope of the EPA is broad. It defines

the 'environment' as including water, air and

land and the interrelationships which exist

between these, human beings and other living

creatures, plants, micro organisms and

property. This act has some specialities; it can

delegate its powers and functions to any

officer or state government. [Under section

23]. Also EPA ensures that the provisions of

this act override any other law [THIS is under

Legal Rights under various Laws in India

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Vijay Kanhere: Rights awareness and opportunities within Indian law,

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EIA notification mandates

q A Public Hearing and

q Requires the project proponent to submit

· An EIA report

· An Environment Management Plan

· Details of the Public Hearing and

· A project report to the impact assessment agency for clearance, with further review by a committee of experts in certain cases.

A Public Hearing is the only forum that local residents have, to come face to face with project proponents. It is here that one can voice one's suggestions and objections.

Coastal Regulations and Protection of

Specified Areas:

These regulations strictly control

development activity (including tourism)

within a strip of 500 meters from the sea

shore, along the entire coast of India. While

some activities such as setting up of new

industry and the expansion of existing

factories are completely prohibited, other

types of commercial activity are restricted.

Building activity is regulated depending upon

the level of urbanisation and the ecological

sensitivity of the coastal region.

Violations and Penalties under the Act

The EPA was the first environmental statute

to give the Central Government authority to

issue direct written orders, including orders to

close, prohibit, or regulate any industry, or to

stop or regulate the supply of electricity, water

or any such services. Other powers granted to

the Central Government include the power of

entry to factories premises for examination,

testing of equipment. It also has the power to

take samples of air, water, soil or any other

substance from any place for analysis.

The Act explicitly prohibits discharges of

environmental pollutants if they exceed

prescribed standards. There is also a specific

prohibition against handling hazardous

substances unless they are in compliance with

regulatory procedures and standards. Those

who pollute above the prescribed standard,

are legally bound to report this to the

governmental authorities!

The Act provides for fairly severe penalties.

Anyone who fails to

comply with the

provisions of the Act,

shall be punished

with a prison term of

up to five years or a

fine of up to Rs

100,000 [or both] for each violation. The Act

imposes an additional fine of up to Rs 5,000

for every day of a continuing violation! If a

violation occurs for more than one year after

the date of conviction an offender may be

punished with a prison term which may

extend to seven years.

But section 24 provides that if any act

constitutes an offence punishable under the

EPA as well as any other law, the offender

shall be liable to be punished under the other

law and not under the EPA!

Legal Rights under various Laws in India

Public Hearing

(YOU CAN STOP A BIG PROJECT, IF YOU FEEL THAT THIS IS GOING TO HAVE A NEGATIVE EFFECT

ON THE ENVIRONMENT AND YOUR LIVELIHOOD)

Environmental clearance IS mandatory for

expansion or modernization of any activity or

for setting up new projects listed in schedule I

of the EPA notification.

THE NOTIFICATION MANDATES THAT A

PUBLIC HEARING IS A MUST, BEFORE THE

PROJECT GETS THE APPROVAL.

IN THE APPROVAL PROCESS THE GENERAL

PUBLIC HAS A CRUCIAL ROLE TO PLAY.

Process of Public Hearing: -

Whoever wishes to apply for environmental clearance of projects, shall submit to the

concerned State Pollution Control Board twenty sets of the following documents namely:

-

1. An executive summary containing the salient features of the project both in English

as well as local language.

2. Form XIII prescribed under Water (Prevention and Control of Pollution) Rules, 1975

where discharge of sewage, trade effluents, treatment of water in any form, is

required.

3. Form I prescribed under Air (Prevention and Control of Pollution) Under Territory

Rules, 1983 where discharge of emissions are involved in any process, operation or

industry.

4. Any other information or document which is necessary in the opinion of the Board

for their final disposal of the application.

These documents will be made available at the following places

Þ District Collector’s Office;

Þ District Industry Centre;

Þ In the Office of the Chief Executive Officers of Zila Parishad or

Commissioner of the Municipal Corporation

Þ In the head office of the concerned State Pollution Control Board and its

concerned Regional Office.

Þ In the concerned Department of the State Government dealing with the

subject of environment.

REMEMBER THE 30 DAYS PERIOD IS MUST, THE AUTHORITIES HAVE NO RIGHT TO

CHANGE THIS IN ANY CIRCUMSTANCE. IF THE PRESCRIBED NORM OF GIVING A 30

DAYS NOTICE IS NOT FOLLOWED, THEN THE PEOPLE CAN DEMAND A FRESH PUBLIC

HEARING.

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Notice of Public Hearing: -

The State Pollution Control Board shall issue a

notice for environmental public hearing which shall be

published in at least two newspapers widely

circulated in the region around the project, one of

which shall be in the vernacular language of the

locality concerned. State Pollution Control Board

shall mention the date, time and place of public

hearing. Suggestions, views, comments and objections

of the public have to be invited within thirty (30) days

from the date of publication of the notification.

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WHO HAS THE RIGHT TO PARTICIPATE IN THE PUBLIC HEARING?

§ All persons including bona fide residents, environmental groups and others located

at the project site/sites of displacement/sites likely to be affected can participate

in the public hearing. They can also make oral/written suggestions to the State

Pollution Control Board.

§ Any person who is likely to be affected by the grant of environmental clearance;

§ Any person who owns or has control over the project with respect to which an

application has been submitted for environmental clearance;

§ Any association of persons whether incorporated or not like to be affected by the

project and/or functioning in the field of environment;

§ Any local authority within the neighbourhood, wherein the project is proposed to be

located.

Composition of public hearing panel: -

The Public Hearing Panel may consist of the following:

· Representative of State Pollution Control Board;

· District Collector or his nominee;

· Representative of State Government dealing with the subject;

· Representative of Department of the State Government dealing with Environment;

· Not more than three representatives of the local bodies such as Municipalities or

Panchayats;

· Not more than three senior citizens of the area nominated by the District Collector.

You can also check the composition of the panel, DOES THE PANEL REPRESENT THE

COMPOSITION GIVEN ABOVE?

Time period for completion of public hearing:

The public hearing has to be completed within a period of 60 days from the date of receipt

of complete documents

This would lead to the project being rejected.

Sec 4 of the Environment Impact Assessment Notification (1994) of the Union Ministry of

Environment and Forests reads:

· Concealing factual data or

· Submission of false, misleading data/reports, Decisions or recommendations

would lead to the project being rejected.

Approval, if granted earlier on the basis of false data, can also be revoked.

WHAT IS Misleading and wrong information?

· False information.

· False data.

· Engineered reports.

· Concealing of factual data.

· False recommendations or decisions.

16

To,

The Sarpanch/Village Pramukh

Members of Village Panchayat

SUBJECT: Problem of Environment Pollution in our village.

Sir/Madam,

The health of the people in the village is getting adversely affected due to the

pollution from the nearby industries. It is affecting agriculture, livestock and the

natural resources in our village.

Health is a subject of the village panchayat. Under the Factories Act, the village

panchayat has the right to get all the necessary information from the management of

factories. It is the duty of the management of the factories to provide this

information.

We request you to discuss this in our Gram Sabha Panchayat meeting and write to the

management of factories and to the Collector of our district.

Sincerely yours,

————————

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What does "Liability” mean?

When a person is responsible for a situation, she/he is considered "liable" for it. And insurance, of course, refers to a contract where a guarantee for compensation is provided to a person in case of any losses due to disease, death etc.

So as the name of the Act reveals, its function is to grant compensation to victims of accidents which involve hazardous wastes.

So the act imposes 'no-fault' liability upon the owner of the hazardous substance and requires the owner to compensate the victims irrespective of whether it is a neglect or default on his/her part.

Every owner needs to take out an insurance policy covering potential liability from an accident. Along with the insurance premium, every owner must make a contribution to an Environmental Relief Fund established by the central government. The fund is designed to provide relief to the victims of an accident. The principal administrative authority under the PLIA is the Collector, who is required to verify the occurrence of an industrial accident. He gives publicity to the event, and it is to him/her that applications for compensation must be sent.

But the amount of compensation under this Act is not enough. Reimbursement is limited to Rs. 12,500/- for medical expenses & Rs. 25,000/- in case of injury or death. The amount of reimbursement may not appear to be small for diseases such as asthma, but consider a case of cancer Rs. 12,500 is a small amount! It is rare

that even these meager amounts are paid.

If private property is damaged the amount is limited to Rs. 6000/- and for loss of wages due to temporary disability, it is a maximum of Rs. 1000/- per month for a maximum of three months.

For any permanent disability, the amount is the equivalent percent of Rs. 25,000/- if permanent disability is 50% (Percentage of Permanent disability is evaluated by a physician) - then 50% of 25,000/- that is Rs. 12,500/- will be the amount of compensation.

Application for relief is to be made before the Collector under section 6 (1), within five years of the occurrence of an accident. Section 7 (7) of this Act states that the Collector should make every endeavor to dispose of a claim under section 6 (1) within three months.

The form of application is given in the Public Liability Insurance Rules, 1991. The details are not difficult to fill. (Please go through the form on the next page).

One needs to submit some documents with the application form. The documents required are as follows:

1] Certificate of an authorized physician (doctor with a valid registration number) regarding disability or injury or illness caused by an accident.

2] Death-certificate or post-mortem report in case of fatality. (Something to prove you are next to kin of the deceased)

3] Certificate of employer regarding loss of wages due to absence due to temporary disability. (Medical bills and receipts included.)

4] Certificate of cost of repairs or replacement in case of private property damaged by an accident.

5]Any other documents having relevance to the claim.

Vijay Kanhere: Rights awareness and opportunities within Indian law,

18

Legal Rights under various Laws in India

FORM OF APPLICATION FOR COMPENSATION

Shri/Shrimati/Kumari* ________________________________________________ Son

of/daughter of/Widow* of Shri _________________________________________

died/had sustained injuries in an accident on __________________________________

Details of the accident and other information are given below :-

1. Name and Father’s name of person injured/dead (husband’s name in case of married woman

or widow)

2. Address of the person injured/dead.

3. Age ___________ Date of Birth __________

4. Sex of the person injured/dead:

5. Place, date and time of accident:

6. Occupation of the person injured/dead:

7. Nature of injuries sustained:

8. Name and Address of Police Station in whose jurisdiction accident took place or was

registered:

9. Name and Address of the Medical Officer/Practitioner who attended to the injured/dead:

10. Name and address of the Claimant/ claimants:

11. Relationship with the deceased:

12. Any other information that may be considered necessary or helpful in the disposal of the

claim:

I hereby swear and affirm that all the facts noted above are true to the best of my

knowledge and belief.

SIGNATURE OF THE CLAIMANT

* Strike out whichever is not applicable

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The Indian Penal Code

(IPC)

What is important about this

Code?

Well, Under section 269/270/277 these

offences are considered as crimes:

1) actions leading to infection or disease

2) corrupting or fouling any public

spring or reservoir rendering it unfit

for use.

Complaints about the above two points are

enough to persuade the Police or Judicial

Courts to begin enquiries.

The Criminal Procedure Code

(Cr P C)

The Code of Criminal Procedure in chapter

X-B has sections 133 and 144.

Section 133 and 144 are

usually associated with bans

or prohibition.

An Executive magistrate

(the Tahsildar or Taluk Magistrate), a Sub-

Divisional Magistrate or a District Magistrate

(the collector) are empowered to demand

information or reports from the police. These

authorities, if given evidence, have the power

to regulate or even stop the following

activities:

1] Unlawful obstructions or nuisance in

any public places or rivers and channels

2] Any trade that adversely affects anyone's

health or comfort

Section 133 and 144 are usually associated

with bans or prohibition. But in 1980 the

Supreme Court ruled that Magistrates need

not necessarily ban but can even regulate such

trades.

Now this can be innovatively used by

people, NGOs and other organizations.

Because by forming joint committees your

group can demand for experts on the issue.

You can insist that the pollution is

monitored.

Take a step further: residents and industries

can together plan a 'Clean-Up' programme.

Don't worry about the Magistrate's

response. He/She is empowered to begin

investigation the moment you and your NGO

or other groups inform her of any

transgressions of the law.

What's more, polluters cannot claim

defence using other laws (like the Water

Act). It can be rejected by the courts.

Vijay Kanhere: Rights awareness and opportunities within Indian law,

20

Legal Rights under various Laws in India

UNDER THE CHEMICAL ACCIDENTS(EMERGENCY PLANNING, PREPAREDNESS AND RESPONSE) RULES, 1996. (Under the EPAct)

Dear Readers,Similar to what has been briefly mentioned in the EPA [Envt. Statement] companies/factories must draw up a Disaster Management Plan. All industrial pockets must be covered by these plans.

Under this Act Central, State, District and Local Crisis groups should be formed. You have a right to find out and seek information from these crisis groups. These groups are duty bound to educate the population in the area.

So, ask for the Disaster Management Plan for your area from any of the following:

What is a Disaster Management Plan?A Disaster Management Plan is one that includes:-Details of bulk Storage of Hazardous Chemicals-Transport and handling of Hazardous Chemicals-Risks involved in case of disaster, (and Mitigation Plan)-Facilities for treating injured persons-Phone numbers of relevant authorities and help such as hospitals and doctors.

This is crucial information, because it alone equips the community to handle a crisis in the best possible way. Precious lives are paid for by callousness and no planning.Remember Bhopal: its people did not have any idea about how to respond to a crisis situation nor that a crisis was brewing in the Union Carbide Factory in their city..

It’s our right to know the best possible ways to save our lives in the face of disaster. Therefore,

Disaster M

anagement Plan

21

To,

The Chairman

Pollution Control Board

…………………………………………

Subject:

DEAR SIR/MADAM,

Please provide the following information/documents; granted/submitted by Pollution Control

Board/………………… (Company’s name/address), in the process of giving permission to the

industry/company to start operating/to set up its establishment.

Common Application form for Consent (CONSENT TO ESTABLISH) under

Water (Prevention and Control of Pollution) Act, 1974,

Air (Prevention and Control of Pollution) Act, 1981) and Authorization under

Hazardous Wastes (Management and Handling) Rules, 1989

As per, SCHEDULE – I, [see rule 4]

Grant of consent renewal order

As per, SCHEDULE – III, [See rule 5(4)]

Report of inspection and sampling

As per, SCHEDULE – IV, [see rule 6(3)]

Filled in Format for common consent order/authorization

As per, SCHEDULE –V, [see rule 7(1)]

Industry’s data sheet for consent management

As per, SCHEDULE – VII, [see rule 11(i)]

Environmental Impact Assessment (EIA) report and Environmental Management Proposal

(EMP)

Thank you for the cooperation.

Yours sincerely

—————————

Name

Address

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Establishing and Operating an Industrial Unit having source of Trade and / or domestic Effluent

Consent to establish and operate an industrial unit having source of trade and /or domestic effluent to meet the prescribed environmental standards for discharge of wastewater irrespective of the recipient environmental media (inland surface water, public sewers, land for irrigation, marine coastal areas)

Consumption of Water Irrespective of its Source of Supply for Specified Purposes by Certain Industry Sectors (Schedule I). Supply of Water is to be treated as Consumption.

Submission of water cess return as per the prescribed rates for the specified purposes (Schedule II)

Establishing and Operating and Industrial unit having source of emission

Consent to Establish and Operate an Industrial unit having source of Emission of any kind to meet the prescribed environmental standards for emission of air pollutants

Environment Clearance from Central Government (Ministry of Environment and Forests)

MoEF Empowered to make Rules for Environmental Protection and Improvement

Establishing a new industry falling under Schedule I of the EIA Notification, 1994

Environmental Statement Industry requiring consent under Water/Air Acts pr authorization or both to submit

thenvironmental statement every year before 30 of September, for last financial year in the prescribed Form V

Manufacture Storage & Import of Hazardous Chemical (Hazardous Chemicals are those which are falling under Schedule I or Schedule II or Schedule III of these Rules including Amendment Rules)

Generation, Storage, Collection, Transport, Disposal, Export/Import of Hazardous Wastes (Hazardous Wastes are those which are falling under Schedule I, Schedule II or Schedule III of these Rules including Amendment Rules)

Emergency planning, Preparedness and Response for Chemical Accidents Related to Hazardous Chemicals

Mandatory Public Hearing following Specified Procedure for Grant of Environmental Clearance under MoEF Notification of 1994 for New/Modernization/Expansion Projects

General Environmental Standards for Discharge of Effluent/Air Emissions and Industry Sectors Specific Environmental Standards

Coal Beneficiation, Certain Categories of Coal Based Thermal Power Plants to use Beneficiated Coal with an

stContent not Exceeding 34% from 1 of July, 2001

The Water (Prevention and Control of Pollution) Act

The Water (Prevention and Control of Pollution) Rules

The Water (Prevention and Control of Pollution) Cess Act

The Water (Prevention and Control of Pollution) Rules

The Air (Prevention and Control of Pollution) Act

The Air (Prevention and Control of Pollution) Rules

Environment (Protection) Act

Environment (Protection) Act

The Environment Impact Assessment (EIA) Notification

Environmental (Protection) Rules

The Manufacture Storage & Import of Hazardous Chemical Rules, 1989 (including 1994 Amendment Rules,1984 & 2000

The Hazardous Wastes (Management and Handling) rules, 1989 (including Amendment Rules of 2000)

Chemical Accident (Emergency planning, Preparedness and Response) Rules

Amendments in the Environmental (Protection) Rules, 1994 Public Hearing

Environmental (Protection) Rules-Environmental Standards

The Environment (Protection) Rules

Concerned Principal Central/State Government Department

Ministry of Environment

& Forests

State Pollution Control Board/Pollution Control Committees

Ministry of Environment & Forest

State Pollution Control Board/ Committees

Ministry of Environment and Forests

SPCB/Pollution Control Committees

Ministry of Environment and Forests

Ministry of Environment and Forests

Ministry of Environment and Forests /Environmental Appraisal Committees

State Pollution Control Board

Ministry of Environment and Forests

State Pollution Control Board/Ministry of Environment and Forests

Ministry of Environment and Forests

State Pollution Control Board/ Ministry of Environment and Forests

MoEF State Pollution Control Board

Ministry of Environment and Forests

1974

1975

1977

1978

1981

1982

1986

1986

1994

1992/93

1989

2000

1996

1997

1993/1996/1998

1997

ScopeTitleYear

This provides the listing of all environmental, occupational health and safety legislation applicable to industry, operations or processes or treatment systems in India. The screening of scope enables quickly to identify the

applicable legislation under which the issue has been covered.

http://www.technology4sme.com/ecoach/environment/em_by_trec-step/ems%20legislation.htm

Environmental, Occupational Health And Safety Legislation For Industry

23

Environmental, Occupational Health And Safety Legislation For Industry

1998

1999

1991

1991

1995

1997

The Bio-Medical Waste (Management and Handling) Rules

Directions for use of Fly Ash Based Products Under Environment Protection Act,1986

The Public Liability Insurance Act

The Public Liability Insurance Rules

The National Environment Tribunal Act

The National Environment Appellate Authority Act

Generation, Segregation, Packaging, Transport, Storage, Treatment, and Disposal and handling of Bio-Medical Wastes

Mandatory Utilization of Coal Ash by Coal or Lignite based Thermal Power Plants, Use of Coal Ash by Brick manufactures and other Construction Activities, Specifications for Use of Ash Based Products

Owner's liability to pay immediate relief to persons affected by accidents occurred while handling any hazardous substance. (The list of chemicals with quantities for application of public liability insurance act

this included in S.O. 227 (E) of 24 March 1992

Owner's responsibility to obtain insurance policy(ies) of more than paid up capital but less than 50 Crores

Owner's liability to pay compensation for death, injury or damage to property occurred while handling any hazardous substance (The list of chemicals with quantities for application of National Environmental Tribunal Act is same which has been included under The Public Liability Insurance Act, 1991 vide S.O. 227 (E) of

th24 March 1992)

Appeal to Appellate Authority in Case of Grievances Against Grant of Environmental Clearance/Conditions of Environmental clearances

Statement Pollution Control Board/Ministry of Environment and Forests

Central/State pollution Control Board/Committee

Ministry of Environment and Forests

District Collectors/Ministry of Environment and Forests

Ministry of Environment Forests/National Environmental Tribunal

National Environment Appellate Authority

http://www.technology4sme.com/ecoach/environment/em_by_trec-step/ems%20legislation.htm

24

DO YOU KNOW THAT AMERICA’S DOMESTIC RIGHT TO KNOW HAS A DIRECT LINK TO INDIA?

In the wake of the Bhopal disaster, public voice in the U.S. demanded better domestic standards. Communities were worried: Could something similar happen in their cities? Concerned citizens mobilized their support to demand their “Right To Know” about the chemicals being used at local facilities.

In 1986, the U.S. Congress responded by passing the Emergency Planning and Community Right to Know Act (EPCRA). This law, the cornerstone of U.S. Right To Know laws, requires companies to disclose information about chemicals they use, store, and release from their factories. The U.S. government provides this information in a publicly accessible database known as the Toxics Release Inventory. These disclosures help to safeguard communities in the United States, giving people better tools to monitor companies, protect themselves, and promote strong health and safety standards.

HAS DISCLOSURE WORKED IN THE U.S.?

In the Unites states, both citizens and businesses have hailed the Toxics Release Inventory (TRI) as a model. TRI requires companies in a wide range of industries to publicly disclose the annual emissions of toxic chemicals into land, air and water. The TRI program provides communities and workers essential information about the conditions they face; information that has been used to take effective action. For example, TRI has been used to convince IBM to phase out ozone depleting CFCs, and helped a local community obtain a commitment from BF

Goodrich to reduce its toxic airborne emissions by 70%. Many other businesses have improved their practices in response to the toxics Right-To-Know law, following the dictum that “what gets measured, gets managed.” According to EPA data, industries reduced releases by almost 50% in just the first decade of TRI in 1995. The Chemical Manufacturers Association lauded TRI as a “very successful venture”. Investors in the stock market have also benefited. Statistical analyses show that valuations of companies have been affected by TRI data – with the benefits going to more responsible companies.

Do You K

now ?

25

International Legal Instruments

Subsequently, in 1987, the Montreal Protocol on Substances that Deplete the Ozone Layer was negotiated, setting out specific requirements for action. It has been amended four times since, with the most recent text agreed by the Ninth Conference of the Parties

v

v

v

s

s

s

in September 1997 (UNEP 1997).

The Protocol dictates stepwise phase-outs of ozone depleting chemicals, with concessions for developing countries, allowing them time for transition to ozone-friendly technologies as they cannot afford an immediate shift.

THE LONDON CONVENTION 1972 AND ITS 1996 PROTOCOL

The London Convention (LC 1972), formerly known as the “London Dumping Convention” regulates the deliberate disposal of wastes at sea, from vessels, aircraft, platforms and other man-made structures, in addition, of course, to the disposal of the vessels themselves!

The Convention does not specifically address the discharge of wastes from land-based sources or the operational discharges from platform or shipping activities. Nevertheless, Article I of the convention requires that all Contracting Parties

“promote the effective control of all sources of pollution of the marine environment.”

At present there are 77 contracting Parties, including numerous states from Africa, Asia and Latin America.

The convention prohibits the dumping at sea of many wastes, including industrial wastes (since January 1996).

It requires the detailed assessment and application of permits for any matter that is dumped

The dumping of any matter containing organohalogen compounds, mercury or mercury compounds is specifically prohibited.

This obligation is further emphasized under the provisions of the 1996 Protocol (LC 1996) to the Convention, under which the primary goals are:

the prevention of wastes,

the identification and control of sources of upstream contamination

and further reduction of the necessity for dumping.

Many corporations rule beyond national boundaries. So its more than important to

know how they can be made accountable, not only under the national laws but also under

the purview of international laws which they are bound to follow.

Now read this!

Many, legal instruments exist under the aegis of the United Nations Environment Programme (UNEP).

The European Community’s body of environment legislation is the largest and most comprehensive found within a single economic/political grouping. Regional conventions usually deal with issues such as specific bodies of water [and other resources], while other conventions, primarily those designed to control specific activities or groups of chemicals, are global in scope..

So it’s good to know about some of the important conventions, four of which are looked at below.

THE VIENNA CONVENTION AND THE MONTREAL PROTOCOL

The Vienna Convention of 1985, looked at the Protection of the Ozone Layer. It was a global convention obliging its parties to protect human health and the environment against adverse effects resulting from human activities which modify the ozone layer.

The Vienna convention is a “framework”convention

u setting out obligations

u defining substances, effects and other phenomena of concern

u addressing the critical issues of scientific and commercial cooperation and information exchange

Chlorine and the environment An overview of the chlorine industryby Ruth Stringer and Paul Johnston, Kluwer Academic Publishers, Netherlands. 2001

26

THE ROTTERDAM CONVENTION

This Convention represents an important step towards ensuring the protection of citizens and environment in all countries from the possible dangers resulting from trade in highly dangerous pesticides and chemicals.

The intention of the procedure is to provide information to governments about the dangers of hazardous pesticide formulations and industrial chemicals. It also ensures that they may only be imported to countries that have specifically given their approval.

The Convention lists banned/severely restricted chemicals and severely hazardous pesticide formulations. Currently 27 chemicals (22 pesticides and 5 industrial chemicals) are in the list [ on Annex III of the convention. ] This number is expected to expand in the future.

For chemicals on the Annex, a Decision Guidance Document is provided to the Parties, providing information about the hazards and legal status of the chemical, based on which they can make national decisions.

Countries cannot export any chemical to another country without first receiving permission from the concerned authority. In order to avoid unfair trade barriers arising through the implementation of the Convention, a country that has denied import of any chemical must also stop producing it domestically and can not import it from a country that is not a Party to the Convention.

THE BASEL CONVENTION AND THE REGIONAL WASTE TRADE

LEGISLATION

Basel Convention

This is a global agreement, ratified by several member countries and the European Union for addressing the problems and challenges posed by hazardous waste.

The key objectives of the Basel Convention are

ü to minimize the generation of hazardous wastes in terms of quantity and hazardousness

ü to dispose of them as close to the source of generation as possible

ü to reduce the movement of hazardous wastes

ü assist developing countries in the

environmentally sound management (ESM) of hazardous wastes

ESM (Environmentally Sound Management) means taking all practical steps to minimize the generation of hazardous wastes and strictly controlling their storage, transport, treatment, reuse, recycling, recovery and final disposal, the purpose of which is to protect human health and the environment.

Basel Convention was originally designed to address the uncontrolled movement and dumping of hazardous wastes, including incidents of illegal dumping in developing nations by companies from developed countries.

Why is hazardous waste a problem? When it is dumped indiscriminately, spilled accidentally or managed improperly, it can cause severe health problems, even death, and poison water and land for decades.

Categories of hazardous waste covered by the Conventiontoxic, poisonous, explosive, corrosive, flammable, eco-toxic and infectious

The other instruments which regulate Trans-boundary movements of hazardous waste:

ü The Bamako convention on the Ban of the Import into Africa and the control of Trans-boundary movement and Management of Hazardous Wastes Within Africa, and;

ü The Protocol on the Prevention of Pollution of the Mediterranean Sea, by Trans-boundary Movements of Hazardous Wastes and their Disposal

27

International Legal Instruments

International Treaties

I. International Convention for Regulation of Whaling, 1946

ii.The Antartic Treaty, 1959

iii.Convention on the Conservation of Antartic Marine Living Resources, 1980 and

iv. United Nations Convention on Law of the Sea

v.The Civil Liability for Oil Pollution Damage, 1969

vi.The Fund Convention, 1971

vii.The International Convention for the Prevention of Pollution from Ships, 1973 & the 1978 Protocol (MARPOL)

viii.The 'Ramsar Convention', 1971 (on wetlands)

ix.The World Heritage Convention, 1972

x.The Convention on Trade in Endangered Species (CITES), 1973

xi.The Convention on Migratory Species, 1979

xii.International Tropical Timber Agreement, 1983

xiii.FAO International Undertaking on Plant Genetic Resources, 1983

xiv.The Convention on Biological Diversity, 1992

xv.Vienna Convention for the Protection of the Ozone Layer, 1985

xvi.Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, & its London amendment, 1990

xvii.Framework Convention on Climate Change, 1992

xviii.Kyoto Protocol, 1997, on Reduction of Greenhouse gases and

xix.The Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) 1989.

Indian Laws if India is a signatory

1976: India proclaimed its Maritime Zones Act to claim 12 nautical miles (nm) territorial sea, 12 nm contiguous zone, 200 nm exclusive economic zone (EEZ) and rights over the continental shelf.

1981: Enacted a law on regulation of fishing by foreign vessels in Indian waters.

1991: Promulgated the Coastal Regulation Zone (CRZ) Act under EPA (1986) to protect its coastal areas and is planning to come up with an Ocean Regulation Zone (ORZ) to protect and conserve its oceanic zones, at least till territorial sea limits.

India is a party to these conventions.

India is a contracting party to these global conventions. We have also signed the Kyoto Modification (1992) of CITES, thereby committing ourselves to 'integrated wildlife management programmes' and 'regulating traffic in wildlife'. Under ITTA, India has now changed its categorization from a timber producer country to a timber consuming one.

National covenants also exist in the form of the Wildlife (Protection) Act 1972, the Forest (Conservation) Act 1980, EIA Notification Act 1994, the Seeds Act 1966 and the Indian Patents Act 1970.

The national covenant, Hazardous Waste (Management and Handling) Rules, 1989 has been enacted under Sections 6, 8 and 25 of EPA, 1986. They apply to hazardous wastes specified in the schedule and the rules give a detailed system of authorization for handling hazardous wastes. It requires the person handling the waste to follow a particular system of storage. It also requires the Central Government to prepare an inventory of disposal sites.

The Government has also enacted the 'Manufacture, Storage and Import of Hazardous Chemicals (MSI) Rules, 1989 under EPA, 1986.

It identifies 432 chemicals in Schedule I, 189 in Schedule II and 27 in Schedule III. High level controls apply to all sites using chemicals above the second threshold quality and all such sites are required to prepare and submit a 'safety report'

Also, the Public Liability Insurance Act has been enacted in 1991 & the National Environment Tribunal Act has been brought into force in 1995.

Where does India stand?

India Signatory/party To International Environment Law

International obligation by Prabhas C Sinha, 28This information was provided by the Government of India to the 7th Session of the United Nations Commission on Sustainable Development. Last update: February 1999.http://www.india-seminar.com

28

To

The Managing Director/Chairman,

…………………………………………..Company’s name

We are…………………………………………………………………

………………………………………………………………………………

………………………………………………………………………………

from

village/district/state…………………………………………………………………………………………………………………………………

Your company has been making fabulous profits since the year……….., using gallons of water

and thousands of megawatts of electricity and other natural resources from the vicinity.

However, as an individual/group/community we would like to be given the following

information:

1) Data on raw materials brought into your company and used in the production process

2) Information related to chemical use and worker exposure.

3) How your company handles and manages chemicals on your property.

4) The potential risks from chemicals - not only to the community but also at the place of

employment.

5) What steps your company has taken to inform citizens and communities of chemical

hazards in their area.

6) What steps your company has taken to report locations and amounts of chemicals

stored on-site to State and Local governments.

In case of chemical accidents:

How is your company going to respond? Please provide us the details of the prevention

program and an emergency response program prepared by your company.

Please give us summaries of “reasonable release and worst case” scenarios.

Thank you for the cooperation.

Yours sincerely

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Top 200 growing faster than rest of the world

The Top 200 corporations' sales are growing at a faster rate than overall global economic activity. Between 1983 and 1999, their combined sales grew from the equivalent of 25.0% to 27.5% of World GDP.

THE RISE OF CORPORATE GLOBAL POWER

As citizens’ movements the world over launch activities to counter aspects of economic globalization, the growing power of private corporations is becoming a central issue. The main beneficiaries of the market-opening policies of the major multilateral institutions over the past decade and a half are these large corporations, especially the top 200.

This growing private power has enormous economic consequences. However, the greatest impact may be political, as corporations transform economic clout into political power as they are known to support particular parties with funds. As a result, democracy is undermined. This threat is

INTERESTED INSOME

FACTS?

POWER OF THE TOP 200 POWER OF THE TOP 200

POWER OF THE TOP 200 POWER OF THE TOP 200

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WER

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E TOP

20

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JOBS

Sales vs. Workers

While the sales of the Top 200 are the

equivalent of 27.5% of world economic

activity, these firms employ only a tiny

fraction of the world's workers. In

1999, they employed a combined total of

22,682,166 workers, which is 0.78% of

the world's workforce.

What is often ignored in the mainstream

media is the fact that unemployment

problems remain prevalent everywhere in

the world, including in many countries

POWER OF THE TOP 200

Top 200 vs. Countries Of the 100 largest economies in the world, 51 are corporations; only 49 are countries(based on a comparison of corporate sales and country GDPs). To put this in perspective, General Motors is now bigger than Denmark; Daimler Chrysler is bigger than Poland; Royal Dutch/Shell is bigger than Venezuela; IBM is bigger than Singapore; and Sony is bigger than Pakistan.

The 1999 sales of each of the top five corporations (General Motors, Wal-Mart, Exxon Mobil, Ford Motor, and Daimler Chrysler) are bigger than the GDP's of 182 countries.

The Top 200 corporations' combined sales are bigger than the combined economies of all

Top 200:The Rise of Corporate Global Power, 39-40By John Cavanagh and Sarah Anderson; Institute of Policy Studies.www.ips-dc.org

30

Some more facts Between 1983 and 1999, the profits of the Top 200 firms grew by 362.4 percent, while the number of people they employ grew by only 14.4 percent.

A full 5 percent of the Top 200s' combined workforce is employed by Wal-Mart, a company notorious for union-busting and widespread use of part-time workers to avoid paying benefits.

U.S. corporations dominate the Top 200, with 82 slots (41 percent of the total). Japanese firms are second, with only 41 slots.

Of the U.S. corporations on the list, 44 did not pay the full standard 35 percent federal corporate tax rate during the period 1996-1998. Seven of the firms actually paid less than zero in federal income taxes in 1998 (because of rebates). These include: Texaco, Chevron, PepsiCo, Enron, Worldcom, McKesson and the world's biggest corporation General Motors.

Top 200 vs. The World's Poorest

The economic clout of the Top 200 is particularly staggering compared to that of the poorest segment of the world's humanity. The Top 200s' combined sales are 18 times the size of the combined annual income of the 1.2 billion people (24 percent of the total world population) living in “severe” poverty (defined by the World Bank as those surviving on less than $1 per day).Top 200:The Rise of Corporate Global Power, 39-40By John Cavanagh and Sarah Anderson; Institute of Policy Studies.www.ips-dc.org

31

Individuals struggle to hold corporations

accountable for abuses.

]How do 11 villagers from Indonesia have the power to file a suit against the oil and gas giant ExxonMobil in a US District Court for human rights violations they committed in Indonesia?

Answer: The Alien Tort Claims Act.

The Alien Tort Claims Act allows foreigners to bring a civil suit in a US District level

court for a crime committed anywhere in the world by an individual, government,

or corporation that violates the law of nations or a treaty of the United States. Such

legislation is unique to the US and it has become one of the few avenues that are

available to address the human rights abuses of transnational corporations (TNC).

A transnational corporation is defined by the United Nations (UN) as an

“enterprise with activities in two or more countries with an ability to influence

others.”

Th

e S

tru

gg

le m

us

t go

on

!

DO A SEARCH, TO KNOW MORE ABOUT IT!!!

(ask your lawyer, or your elders)

Individuals struggle to hold corporations accountable for abuses, 30 by Shravanti Reddy, Digital Freedom Network August 8,2002.Http://www.globalpolicy.org/socecon/tncs/2002/holdtncsaccount.htm

32

To

Sta

rt a

Ca

mp

aig

n

Here are a few tips for brainstorming

(you can complete the list)A campaign is a long-term plan of action focused on one particular issue to achieve a certain result.

PLANNING...

Your first step is to:w Thoroughly research your opponents.

Make a list of their strengths and weaknesses.

w Think about the information you gather. What do you hope to achieve?

w What is the minimum result you’ll accept? Are your goals realistic? If your case is too weak, it’s better to

face that fact now.

w If you’ve got a good target, start developing your strategy.

w Begin by designing a timetable for your campaign. Then establish short-range goals.

w Short-range goals keep the momentum going and bring you closer to your target.

w Decide whose support you really need to win; if public, don’t just say “the

NOW YOU HAVE TO MOVE ON TO CHOOSING YOUR STRATEGY:

You may be able to accomplish your goals with a low-level effort, such as a letter-writing campaign or a series of leafleting and tabling activities - not all campaigns require demonstrations or rallies.

Here are some general strategies to follow:

Try to communicate with your opponent. Write to the head of the company or organisation, politely state your grievance

and ask for action.

Give them t i m e t o respond, but s e t a deadl ine so they don’t k e e p y o u d a n g l i n g forever.

D o c u m e n t y o u r communicat ions. Keep copies of letters and a written record of telephone calls.

Before you go public, try to get some expert opinions to back you up.

Produce some basic campaign literature first: a factsheet, a background/history sheet, an alternatives sheet, a page of expert opinions, and a short leaflet that lists your demands and tells people what they can do to help. These provide essential factual information for the public and the media.

Write letters to local government officials, political representatives, and the head of the organisation you are targeting. State the problem, your demands or alternatives, and specify what you want the official to do.

Arrange to meet personally with as many elected officials as possible. Try to enlist their support.

Write to news editors of local papers and to related trade journals to try to interest them in doing a story

on the issue.

When you find ways to exert more pressure on a new level, don’t abandon your

original activities. Public education should be a constant effort, complementing all your other

tactics.

Essential Action Tool Kit, Boycott Shell/Free Nigeria Project 33

Four Elements of G

rassroot Cam

paigningIdentify Specific Goals For The Campaign

Utilize community resources

This seems like a logical step, but by specific we really mean SPECIFIC. The goal of having an event or taking up an issue is not enough.. How will you campaign to get the issue accepted? How will you inform people of reasons to participate/get involved? And for how long? Be as specific as possible. For example, leaders who plan to implement “outreach” campaign at various high schools and colleges in their area should include in their goals a list of potential schools, the timeline for this outreach program, and benchmarks (concrete points) in achieving success.

UNDERSTANDING the profile helps you adapt the best outreach plan possible and refine your message.

Take an inventory of the talents and skills within your organization, and of the services provided in your community. Some of this expertise may be advantageous to your campaign. For example, is there an artist in your group who can design a great brochure/pamphlet? A computer whiz who can make a web page? A school of journalism with access to media markets that your campaign would need? Perhaps a progressive and spirited professor who might help sponsor a seminar? Is there another community having contacts with local environmental/social justice/empowerment movements? A band that would be willing to help at an event?

REMEMBER to be as specific as possible and include the “who, what, where, and why” in your campaign plan.

Every community is unique. Outreach begins with an understanding of your community’s profile. This profile includes the interest and potential of the community. In communities, you have to consider the general responsiveness, interest from community based groups and local government. Before you attempt to create an outreach plan, you should know some general information about your community. Is it politically conservative? What are the key community issues? Where can groups/organizations gather funds? These are important facts!

UTILIZING the resources within your group and the community can make your tasks easier, cheaper and far more effective!

Build upon the momentum generated by your campaign by providing leadership workshops for newcomers. This is especially important in college, where the population is relatively transient, and a successful campaign can lose momentum by the graduation of key leadership. Inspire the future of your campaign by creating opportunities for every member you recruit! For example schedule trainings between group leaders and other active members. This may not seem so important, but it ensures the longevity necessary in grassroots campaigning. Each one, teach one!

Understand your community’s profile

Provide pathways for leadership

Essential Action Tool Kit, Boycott Shell/Free Nigeria Project 34

JOIN

& FEEL TH

E PO

WER

OF R

ESEA

RC

H

Exploring Individual’s Role

IT'S MY TURN NOW

WANT TO BECOME A KEY INVESTIGATOR/CONTRIBUTOR TO THE ISSUE/CAMPAIGN?

Want to do a simple and interesting dig out? Then here is how you could go about it….

N Who is the Polluter?N Why “Polluter”?N The problems?N Environmental degradation (Fumes, Gases, Spills, Pipelines and Construction, Health impacts)N The historyN Who is affected? Is the community nearby having some problem?.N Why does the government allow this to happen?N What are the groups/individuals doing to protest?N What are their demands?N What kinds of resources do they have? N Their Strengths/LimitationsN Local campaign's history N How can the problem be resolved?

What should you do with the collected information? THIS IS VERY IMPORTANT !!!!!!!

Your research can be used by the local campaign, academicians, documentation & research centers, the media, and for a mass awareness drive. Contact some reliable individuals/organizations to “help you out” Your information can pave the way to a powerful

35

Media

The Mass Media - Newspaper, Magazines, TV, Radio, etc. can be a very powerful tool in your campaign. Understanding how the media works and how you can use that power, will help you get more and more people involved in the campaign! The media also helps put ‘public pressure’ on the authorities you are targeting. Here are some simple tips for working with the media.

Document the Problem

Facts based on solid research are crucial to any advocacy campaign. Many global statistics exist but what will attract and be more relevant to your local politicians and media is local data.

Package the Message Once armed with

research, transform it into something everyone can relate to. Sound bites (short, catchy facts) are the best. Remember – depending on the target audience – the message may need to change slightly.

Mobilize Others Approach local partners with an outline of activities and events .

Organize events The media is potentially the most effective tool in communicating a message but to work with the media, you must understand how the media works. Right timing is everything. News reporters find information that is new,

surprising, compelling or has impact on the public, most newsworthy! Make sure the story will interest the intended audience. For example, find a personal and human interest story and link it to a news event. This is much more interesting than isolated statistics. Only include facts and figures that are 100 percent accurate. Make sure that every name, date and piece of information has been double-checked with a reliable source.

The News ConferencePerhaps the single most effective means of winning media coverage is to hold a news conference. The News Conference Checklist includes:

The News Agencies – don’t neglect them! In addition to newspapers and magazines, you should contact the national news agency, also known as a wire service. If they put out a dispatch, the story will go out to every newspaper, magazine, radio station and television network in your country.

World Health Day Tool Kit, Part II: Getting the Message Out, 35-37http://www.who.int/world-health-day/2003/infomaterials/toolkit2/en/

Invitation list – print press, radio, TV and others.

Time and date: check any possible conflicts with competing events

Invitations

Media advisory

Photo opportunity : Plan ahead so you can create right kind of pictures.

Call invited press members twice, once to invite them, and again, to confirm their attendanceMedia kit – include speeches, main announcement release, biographies, backgrounder, fact sheet, photos etc.

Anticipate possible questions from the media and prepare answers

Focus all presentations and answers on a small number (3) of key messages

On-site arrangements – room rental, name signs on podium for speakers, audiovisual equipment, etc.

36

IMPORTANT INTERNATIONAL MEDIA

LOCAL MEDIA NATIONAL MEDIA

AP – Associated Press AFP – Agence France-Presse International Herald Tribune The Economist FT (Financial Times) CNN (Cable News Network)ReutersBBC

Its very important to have a directory of press and media contacts.Keep on updating it.

The HinduThe Indian ExpressThe Times of IndiaThe Economic timesThe Navbharat times HindustanAajPrabhat khabar

Media OutletWhen do I Contact

Each Media Outlet

To Whom Do I Send

A Press Advisory

To Whom Do I

Pitch the Story

What Is My

Ultimate Goal from

Each Media Outlet

Television Fax press advisory 1-2 days before event

TV station producers and assignment editor

Channel producers/Reporters

TV crew attends the event and event iscovered on noon or evening news (News Bullettin)

Television Programs During first week of

planning - to schedule

appearance on TV

program

TV program producer TV program producer

and/or Program

Appear on morning

TV program talking

about the event on the

day of the press

conference

Radio Programs

During first week of

planning to schedule

interview on radio

program

Radio Program

Producer

Radio Program

Producer/Program

Anchor

Taped radio interview

one week before event

to air on day of event

or to talk right after

the event.

Print Fax press advisory 1-2

days before event

Bureau Chief or City

Editor

Beat reporters or

assignment editors

and editorial writers

Reporter and/or

editorial writer covers

the story in local

paper;

minority/senior paper

and weeklies pick up

News Service

ReportersFax press advisory 1-2

days before event

Assignment editor or

beat report

Assignment editor or

beat reporter

Story covered by agencies

will travel to interested

media all over - Nationally

AND Internationally.

HERE IS A Way to Approach Each Media Outlet

Media

World Health Day Tool Kit, Part II: Getting the Message Out, 35-37http://www.who.int/world-health-day/2003/infomaterials/toolkit2/en/

37

Media

World Health Day Tool Kit, Part II: Getting the Message Out, 35-37http://www.who.int/world-health-day/2003/infomaterials/toolkit2/en/

Using the Media

Getting your message to the mediaThe importance of television A good picture is worth a thousand bad words

How to get media attention

You need a good media releaseKeep the message simpleA release for every occasionKeep the stories localDevelop your theme over time

Give them what they need Think in picturesEvents to hang your media release onUse facts and statistics

Provide good spokespeople Have a list of good speakers ready

Target the right journalistProducers are key peopleSpecialist media

Timing is crucial Help journalists PLAN to attend your events; follow up to give them additional information

Be aware of deadlinesNewspaper supplementsMagazinesFollow up

Three other ways to court the media

1) A media conference for an important message, Remember to take copies of your media release along to the conference2) Press briefings3) Try the direct approach-Talk to them one-on-one

Monitor your media coverage Responding to controversy and criticism.Have ways to deal with criticism

Link your campaign to other eventsBe like the cuckoo, leap into another’s nest!Soaps and drama can take up your cause:

se theatre, songs, celebrities to champion your cause

U

38

“Here is a Sign-up Sheet that may be useful in understanding the profile/resources of your community and

connecting with them. This is essential for any successful campaign.”

(This form can be used by any single person willing to start a campaign).

JOIN THE CAMPAIGN!

CAMPAIGN SIGNUP!

…………YES! We are interested in the Campaign!

…………YES! We are interested in taking Action!

Name…………………………………………………………………………………Institution………………………………………………………

Organization/Group…………………………………………………………………………………………………………………………………..

Other Contact Person/s………………………………………………………………………………………………………………………..

Address………………………………………………………………………………………………………………………………………………………..

City………………………………………………………State/PIN……………………….Country…………………………………………….

Email…………………………………………………………………….Phone……………………………….Fax……………………………………..

We are interested in doing the following:

------Ordering the Right to Know Kit

------Outreaching and Networking

------Protest Actions

------Gathering information

------Writing letters

------Coordinating an event

------Getting other resources

------Follow-up

TELL US MORE

ABOUT YOUR IDEAS?

YOUR INVOLVEMENT BEFORE?

ANY OTHER COMMENTS/SUGGESTIONS?………

SEND it to your

Local Campaign/Organisation Office

Address/Phone

TOO

LS FO

R A

CTIO

N

39

Feedback on the Citizens’ Right To Know Kit

Dear Friends/Readers,

Your feedback is of great value to us (Greenpeace) as well as for the Right to Know

Campaign.

All we ask of you is to mail us back and let us know when you made use of the kit,

for what purpose,

and important follow-up information.

Please tell us the following:

· Did you find the kit useful?

· Was the kit informative?

· Name of your organization/Address:………………….………..

· Where/Which company/s did you send the forms to?……………….

· Your suggestions for improving this kit.

Our Postal Address:

Greenpeace

# 3360, 13th ‘B’ Main,

HAL-2nd Stage,

Indiranagar, Bangalore-560038

Tel: (080)51154861-66

Fax: (080)51154860

TOO

LS FO

R A

CTIO

N

40

BIBLIOGRAPHY

Environmental law and policy in India, by Shyam Divan and Arman Rosencranz, OXFORD UNIVERSITY PRESS Cases,

ndMaterials and Statues. 2 edition, 2001

International Right To KnowEmpowering Communities Through CorporateTransparencyhttp://www.amnestyusa.org/justearth/irtk.pdfwww.irtk.org

Helsinki commission:Baltic Marine Environment Protection CommissionGuidance document on cadmium and its compound, Prepared by Denmark, june 2002.

INDIA'S INDUSTRIAL POLICIES FROM 1948 TO 1991:SIDEonline.com.

Changing%20livelihoods.com.

Legal information institute readings.www.sanctuaryasia.com.Forces of Civility: The NGO Revolution and the Search for Peace; by John Tirman.From the December 1998-January 1999 issue of The Boston Review.

Global DreamsImperial Corporations and The New World OrderRichard J. Barnet and John CavanaghSimon & Schuster, 1994. http://www.tni.org/history/docs/globaldreams.htm

New Hope or False DawnVoluntary Codes of Conduct, Labour Regulation and Social Policy in a Globalising WorldRuth Pearson and Gill Seyfang,2001 Global Social Policy Vol 1, No 1, pp.49-78

Global Justice Movement By John Cavanagh and Sarah Anderson, jan 2002.http://www.globaljusticemovement.org/

IFG's indigenous people and globalisation program.International Forum on Globalisationwww.ifg.org

www.watermagazine.com

Water and Population Dynamics: Local Approaches to a Global Challengeby Alex de Sherbinin. August 1997.http://www.aaas.org/international/ehn/waterpop/front.htm

Bib

liog

rap

hy

41

IS

D

NTERE TE IN

ESOM

FACTS?

t’

g t

Ci izen s Ri h to Know

Cit

z’s

igtt

Ko

ien

Rh

o

nw

itize’s

igh

o

Ko

Cn

Rtt

n

w

n

o

Citize’s R

ight t Know

#3360, 13TH ‘B’ Main, HAL 2nd Stage,

Indiranagar, Bangalore 560 038.

Tel: 080 51154861. Fax: 080 51154862

Website: www.greenpeaceindia.orgIllustrations by Bhakti Ninad