Letter to Indian Government on ongoing deaths on Alang beach due to end-of-life foreign ships

                                                                                                        ToxicsWatch Alliance (TWA)

To

Shri M. Veerappa Moily
Union Minister of Environment & Forests
Union Ministry of Environment & Forests
Government of India
New Delhi

Dr V Rajagopalan
Secretary
Union Ministry of Environment & Forests
Government of India
New Delhi

Shri Shashi Shekhar
Additional Secretary
Hazardous Substances Management Division
Union Ministry of Environment & Forests
Government of India
New Delhi

Shri Ajay Tyagi   
Joint Secretary
Hazardous Substances Management Division
Union Ministry of Environment & Forests
Government of India
New Delhi


Date: March 13, 2014

Subject- Ongoing deaths of migrant workers on Gujarat’s Alang beach, Bhavnagar

Sir,

I wish to draw your kind attention towards the tragic deaths on March 11, 2014 of two workers in Plot No. 20 at Gujarat’s Alang beach in Bhavnagar. The names of 2 out of the 5 workers is Panshu Pradhan Bhaskar Pradhan aged 26 years and Bishwanath Gulabbhai Gaud aged 30 years. These two workers are from Ganjam District in Odisha.  Reliable sources have informed that 2 more workers have succumbed to injury. According to Ship Recycling Industries Association (India), Plot No. 20 belongs to Panchvati Ship Breakers which is represented by Harshadbhai Padia. 

It may be noted that the accident happened at 9 PM in violation of the 74 page long Code on Regulations for Safe and Environmentally Sound Ship Recycling of Government of India. The relevant working hours is mentioned at Page no 44.

I spoke to the officials in Gujarat and have reliably learnt that a total of 5 workers suffered during the fatal accident after an iron plate fell on them. Three other workers are also in a critical condition and have been admitted in a private hospital in Bhavnagar by the Plot Holder. 

I submit that it is quite outrageous that Gujarat Maritime Board (Conditions and Procedures for Granting Permission for Utilising Ship Recycling Plots) Regulation, 2006 [referred to as “Ship Recycling Regulations, 2006] has not been revised in the light of Hon’ble Supreme Court’s order and the recommendations of Hon’ble Court’s Inter-Ministerial Committee and Hon’ble Court’s Dr Prodipto Ghosh Committee. The compensation regime under the Ship Recycling Regulations, 2006 is outdated and has not been inflation adjusted.  The Port Officer, Mr Kharadi informed me on phone on March 12, 2014 that penalty has been imposed as per these Rules. 

I submit that Ship Recycling Regulations, 2006 reads: “In case of fatal accident, permission holder shall have to pay Rs. One lac to the Gujarat Maritime Board by way of penalty which will be deposited in the Workers Welfare Fund maintained by Gujarat Maritime Board. Provided further, the permission holder shall have to pay Rs.2-00 lacs to the heirs of deceased person who has lost his life in the accident.” As per Ship Recycling regulations, 2006 the “Permission holder” means a person to whom permission is granted for utilizing ship breaking plot for beaching and recycling ships.

I submit that as per the Draft Code under the Section MISCELLANEOUS AND PENALTY PROVISIONS at page no. 47-48, it was provided that “the ship-recycler shall immediately pay a minimum ex-gratia compensation of Rs.200000/- (Rupees two lakhs only) per person or more as decided by the SMB or Port Authority/ Port Trust from time to time to the next kin of the deceased and Rs.50000/- (Rupees Fifty thousand only) per case or more as may be decided by the Board from time to time to the injured victim, over and above the compensation that may be received by the next kin of the deceased or the injured victim from insurance claim or under any other enactment including Workman Compensation Act and Employee State Insurance Scheme (ESIC).” This provision under the Section titled MISCELLANEOUS AND PENALTY PROVISIONS of the final Code has been inhumanly omitted due to the tremendous influence of ship breakers on some gullible, docile or colluding official who finalized the Code. There must be revisit to this section and to consider recommending its inclusion of MISCELLANEOUS AND PENALTY PROVISIONS as provided in the Draft Code with more stringent provisions.

I submit that monetary compensation is hardly sufficient to deal with these ongoing deaths of migrant workers on Gujarat’s Alang beach in Bhavnagar. 

I submit that the Minutes of the 16th meeting of the Inter-Ministerial Committee (IMC) on Ship breaking held on 1-10-2013 at Gandhinagar, Gujarat held under Chairmanship of Shri Vinod Kumar Thakral, Chairman,  Inter-Ministerial Committee on Shipbreaking reveals that it dwelt on the issue of “Safety of workers.”

“The IMC was informed that the accident at Plot No. 82, killing 7 persons occurred due to presence of oil and its vapour in the pipeline of the ship, while cutting the oil pipe flanged with LPG gas cutting equipment. DISH has revoked the competency certificate of the person who issued the certificate. The office of the Deputy Director Industrial Safety and Health, Alang has issued prohibitory order under Section 40 (2) of the Factories Act to prohibit ship breaking till oil in the pipe line is completely cleaned and a fresh the certificate is obtained from the competent person. The factory owner has complied with the conditions of the prohibitory order and therefore the prohibition was lifted by the Director, Industrial Safety and Health on 23.11.2012. Prosecution for the violation of Rule 68-H (13) (a) of Gujarat Factories Rules, 1963 (as amended in 1995) made under the  Factories Act regarding allowing hot work on pipeline carrying oil and its vapour while ship breaking by the occupier is filed in the court of law against the occupier. Details of the PF related benefits paid to families of the deceased employees were also placed before the IMC need to be examined from adequacy angle. Chairman, IMC enquired whether criminal prosecution was launched against people who were responsible for loss of life in this accident. GMB may provide details in the next meeting. DISH was asked to place the report of action taken in respect of the accident on the website of GM B and prepare Standard Operating Procedures (SOP) for preventing such incident in future.”

It is not clear as yet whether the office of the Deputy Director Industrial Safety and Health, Alang has issued prohibitory order in the present case of March 11, 2014 and whether criminal case has been lodged or not. In an earlier case when a ship breaker was arrested on death of workers, the ship breakers went on strike to save their fellow ship breaker from imprisonment. The ship breaker in question was released on bail. 

I spoke to Mr P D Vyas, Chief Fire Officer, Alang, Gujarat on March 12, 2014 who stated that there was no fire accident in this case.

I submit that the you may consider inviting and examining reports of criminal prosecution in the present case of March 11, 2014 and in the previous cases. 

I submit that there is an urgent need to issue notices to Government of Gujarat, Government of Odisha, Union Ministry of Labour and Union Ministry of Steel.  

I submit that as per Hon’ble Supreme Court judgment dated September 6, 2007 in Writ Petition (Civil) no. 657 of 1995, District Collector, Bhavnagar has to ensure that dismantling takes place as per a dismantling in keeping with its directions. Sources have revealed that in disregard to Court’s order so far the District Collector has chosen not to be associated with the dismantling process. Such non-compliance is unpardonable but appears routine.

I submit that monitoring agencies like Gujarat Maritime Board, Gujarat Pollution Control Board, Department of Industry and Department of Labour ought to be made accountable with exemplary compensation to set matters right.  

In the context of these deaths if Government of Gujarat were sensitive it would have ensured that no deaths happen in future by re-opening the old cases of occupational deaths on the Alang beach to set matters right. Those plots which are more accident prone than mines must be closed with immediate effect. The migrant workers deserve both medical and legal remedy besides just compensation.

I submit that there were 10 deaths in 2013. Earlier one worker died in an accident at Alang ship-breaking yard on December 6, 2013 after an iron plate fell on his head. The deceased has been identified as 37 years old Shambhuram Rajvanshi from Uttar Pradesh. The accident took place on Plot No. 2 of the yard located at Alang beach. He was immediately taken to a private hospital at Bhavnagar where he was declared dead. It has not come to light as to what did Government of Gujarat do to ensure justice to the worker and what steps were initiated to ensure that such accidents and deaths do not happen in future.

I submit that there was an incident of fire broke in Plot No. 48. on January 13, 2013. I am attaching the picture of a dead body of a migrant worker who died earlier in October 2012 in the aftermath of the death of six labourers in October, 2012 who were burnt to death.

I submit that during 2001 to March 2014, there have been some 200 deaths without anyone being made accountable or liable.

I submit that the ongoing deaths of migrant workers from Uttar Pradesh, Bihar, Jharkhand and Odisha on Alang beach, Bhavnagar, Gujarat keeping come to light but nothing has been done to arrest these preventable deaths.

I submit that in the year 2011, 27 workers died in the ship breaking activities at Alang beach. These migrant casual workers live and work in a slave like condition.

I submit that the fate of Alang coast which is the worst coastal beach in the world.

I submit that Gujarat government took the right step by shutting down the Sachana plots in November 2011 citing massive pollution as a reason, Sachana shipbreaking plots in Jamnagar district , Gujarat where some private agencies have been carrying out ship-breaking work. The closure order read: “The ship-breaking is termed illegal because this breaking activity is going on in the water of Marine National Park…” stated an order dated 22-11-2011 from the Office of Chief Forest Conservator. The order said: “Because of ship-breaking, harmful objects like arsenic, mercury, asbestos, oil, etc could harm marine life in the long time. This leads to complex problems for protecting and conserving the Marine National Park and Marine sanctuary.”

I submit that these observations are quite relevant for the ship-breaking operations on Alang beach, Bhavnagar as well but government has ignored the similarity between the two.

I wish to draw your attention towards UN Special Rapporteur’s report based on his visit to Alang beach in January 2010. I had accompanied him during his visit at his invitation.

 I submit that UN Special Rapporteur’s assessment reads:”…in India ships are dismantled on beaches, a method commonly referred to as “beaching”. This method of ship dismantling fails to comply with generally accepted norms and standards on environmental protection. Although very little work has been carried out to assess its environmental impact, the dismantling of ships on sandy beaches without any containment other than the hull of the ship itself appears to have caused high levels of contamination of soil, air, and marine and freshwater resources in many South Asian countries, and to have adversely affected the livelihood of local communities surrounding the shipbreaking facilities, which often rely on agriculture and fishing for their subsistence" at page 9 of the report.

I submit that UN Special Rapporteur’s recommends "an independent study be carried out to assess the actual and potential adverse effects caused by the discharge of hazardous substances and materials into the natural environment. Such a study should also assess the steps that need to be taken for the gradual phasing out of “beaching” in favour of more environmentally friendly methods of shipbreaking" at page 21 of the report.

I submit that it has been almost 4 years but nothing has been done to make Alang coastal beach a tourist attraction of international standard. Some 6, 000 end-of-life ships were permitted in the past 30 years ignoring Navel Intelligence reports underlining threat to Alang’s coastal environment.

I submit that Gujarat Government has failed to ensure that the guilty officials and ship breakers are made accountable.

I submit that the recent inspection Supreme Court constituted Inter-Ministerial Committee (IMC) on Shipbreaking team took note of non-existent environmental and occupational health infrastructure for the umpteenth time since 2004. It is sad that recommendations of IMC from 2004 to 2014 onwards have not been implemented.

I submit that after each accident and death of workers, inquiry is ordered but their report remains classified and no action has been taken. All the migrant workers who became victims in the fire of October 6, 2012 in Plot no. 82 on Alang beach belonged to Uttar Pradesh. The deceased were identified as Hiralal Chaudhary (28), Ajay Chaudhary (22), Ram Milan (35), Sanjay Yadav (25), Subhash Yadav (28) and Dharmendra Chaudhary. It is not clear whether these workers were adequately compensated. Only a high level probe can bring out the names of the others who are dead but whose whereabouts has not been disclosed so far. The workers who officially died included three from Basti and three from Gorakhpur. The one from Basti include Hiralal, s/o Ram Kishun, village/post Bharapur, Ajay Chaudhary, s/o Satyendra Chaudhary, village-Chakda, Post- Kalwani. Gujarat Government should reveal how they have dealt with the death of these workers and how their families have been compensated and what steps have been taken to prevent loss of human lives due to inhuman lust of ship breakers and global shipping companies for profit.

I submit that at present the migrant workers in Alang who face discrimination for being Hindi and Oriya speaking and are not covered under Employees’ State Insurance Corporation. Workers’ living and working condition remains bad.

I submit that the illegal shipment of hazardous waste "from industrialised countries is being shipped to less developed countries under the listed intention of recycling and reclamation," is a serious problem which has been noted even by INTERPOL. According to Green Customs Initiative, national and international crime syndicates earn 20-30 billion US dollars annually from hazardous wastes dumping, smuggling proscribed hazardous materials. Clearly, environmental crime and escaping of decontamination cost by global shipping companies in collaboration with international recycling industry is a significant and increasingly lucrative business but Gujarat government has turned a blind eye to it.
It appears that the world’s most controversial beach has been colonized by the global shipping companies for good. At present businessmen of dubious shades they are aiding and abetting colonialism by dumping hazardous waste at the behest of shipping companies of imperial powers. The UN report states, "Health facilities in Alang/Sosiya do not possess sufficient human, technical and financial resources to provide any treatment other than first aid for minor injuries. The nearest hospital equipped to deal with life-threatening conditions is in Bhavnagar, more than 50 kilometres away. The Red Cross hospital in Alang, which the Special Rapporteur visited, can count on only four medical doctors and nine beds to provide health care not only to some 30,000 workers in the yards, but also to the neighbouring villages of Alang (which has a population of about 18,000 people) and Sosiya (4,000 people)" on page 14. The regime of blind profit at any cost is ruling the roost on this ecologically fragile beach illustrates how all the efforts by the Supreme Court and UN agencies have been undermined with impunity.

I submit that it is expected that based on lessons from Sachana, Government of Gujarat and Government India would send a categorical message by refusing permission for the proposed ship-breaking facility to the foreign ship owning countries that they should keep their own waste and recycle it. It is proposed near Mundra West Port in Gujarat’s Kachchhh (Kutch) district proposed by Shri Gautam Adani led Adani Ports and Special Economic Zone Limited (APSEZL).

In view of the above, I seek your urgent intervention to save migrant workers and local communities from the hazardous industrial activities on Alang beach that has remained unaddressed so far.

Thanking You
Yours faithfully
Gopal Krishna
ToxicsWatch Alliance (TWA)
A-124/6, First Floor, Katwaria Sarai,
New Delhi 110 016
Phone: +91-11-26517814
Fax: +91-11-26517814
Mb: 09818089660, 08227816731
E-mail:gopalkrishna1715@gmail.com
Web:www.toxicswatch.org

Cc
Smt Sonia Gandhi, Chairperson, National Advisory Council
Shri Beni Prasad Verma, Union Minister of Steel
Shri Anand Sharma, Union Minister of Commerce & Industry
Shri G K Vasan, Union Minister of Shipping
Shri A K Antony, Union Defence Minister
Union Minister of Environment & Forests
Shri Jyotiraditya Madhavrao Scindia, Union Minister of State, Ministry of Commerce & Industry
Chairman & Members, Parliamentary Standing Committee on Science, Technology, Environment & Forests
Shri A K Seth, Cabinet Secretary, Government of India
Shri Vinod Kumar Thakral, Chairman, Inter-ministerial Committee (IMC) on Shipbreaking
Secretary, Union Ministry of Home Affairs
Secretary, Union Ministry of Commerce & Industry
Secretary, Union Ministry of Shipping
Secretary, Union Ministry of Defence
Secretary, Union Ministry of Steel
Additional Secretary , Union Ministry of Commerce & Industry
Additional Secretary, HSMD, Union Minister of Environment & Forests
Additional Secretary, Union Ministry of Commerce & Industry 
Additional Secretary, Union Ministry of Commerce & Industry
Additional Secretary, Union Ministry of Commerce & Industry
Additional DGFT, Union Ministry of Commerce & Industry 
Director General of Shipping & Ex. Officio Additional Secretary, Govt. of India
Director General of Central Excise Intelligence (DGCEI), Union Ministry of Finance
Chairman, Atomic Energy Regulatory Board, Mumbai
Director, Union Ministry of Commerce & Industry 
Director, HSMD, Union Minister of Environment & Forests
Shri Sanjay Parikh, Lawyer, Supreme Court
Member Secretary, Gujarat Pollution Control Board (GPCB)
Chairman, GPCB
Chairman, Gujarat Maritime Board
Shri S K Sharma, Atomic Energy Regulatory Board
Shri L S Singh, Union Ministry of Steel
ACB, Gandhinagar, CBI
Office of Commissioner, Customs, Ahmedabad
Shri C A Joseph, Under Secretary, MF Desk, Union Ministry of Steel
Shri V. P. Patel, Collector, Bhavnagar District
Superintendent of Police, Bhavnagar District
Chairman, National Human Rights Commission, New Delhi
Secretary, Union Ministry of Health & Family Welfare
Secretary, Union Ministry of Labour & Employment
Principal Secretary, Health Department, Government of Uttar Pradesh
Principal Secretary, Health Department, Government of Bihar
Principal Secretary, Health Department, Government of Jharkhand
Secretary, Health Department, Government of Odisha 
Principal Secretary, Health Department, Government of Gujarat
Chairman, ESIC, New Delhi
Chairman, Uttar Pradesh Human Rights Commission
Chairman, Bihar State Human Rights Commission

Letter to Chairman, Inter-Ministerial Committee on Ship breaking 

ToxicsWatch Alliance (TWA)

To

Shri Vinod Kumar Thakral,

Chairman

Inter-ministerial Committee (IMC) on Shipbreaking

Additional Secretary and Financial Adviser

Union Ministry of Steel

Government of India

New Delhi

Date: March 13, 2014

Subject- Ongoing deaths of migrant workers on Gujarat’s Alang beach, Bhavnagar

Sir,

With reference to my earlier submissions to IMC I wish to draw your kind attention towards the tragic deaths on March 11, 2014 of two workers in Plot No. 20 at Gujarat’s Alang beach in Bhavnagar. The names of 2 out of the 5 workers is Panshu Pradhan Bhaskar Pradhan aged 26 years and Bishwanath Gulabbhai Gaud aged 30 years. These two workers are from Ganjam District in Odisha.  Reliable sources have informed that 2 more workers have succumbed to injury. According to Ship Recycling Industries Association (India), Plot No. 20 belongs to Panchvati Ship Breakers which is represented by Harshadbhai Padia. 

It may be noted that the accident happened at 9 PM in violation of the 74 page long Code on Regulations for Safe and Environmentally Sound Ship Recycling of Government of India. The relevant working hours is mentioned at Page no 44.

I spoke to the officials in Gujarat and have reliably learnt that a total of 5 workers suffered during the fatal accident after an iron plate fell on them. Three other workers are also in a critical condition and have been admitted in a private hospital in Bhavnagar by the Plot Holder. 

I submit that it is quite outrageous that Gujarat Maritime Board (Conditions and Procedures for Granting Permission for Utilising Ship Recycling Plots) Regulation, 2006 [referred to as “Ship Recycling Regulations, 2006] has not been revised in the light of Hon’ble Supreme Court’s order and the recommendations of Hon’ble Court’s Inter-Ministerial Committee and Hon’ble Court’s Dr Prodipto Ghosh Committee. The compensation regime under the Ship Recycling Regulations, 2006 is outdated and has not been inflation adjusted.  The Port Officer, Mr Kharadi informed me on phone on March 12, 2014 that penalty has been imposed as per these Rules.  

I submit that Ship Recycling Regulations, 2006 reads: “In case of fatal accident, permission holder shall have to pay Rs. One lac to the Gujarat Maritime Board by way of penalty which will be deposited in the Workers Welfare Fund maintained by Gujarat Maritime Board. Provided further, the permission holder shall have to pay Rs.2-00 lacs to the heirs of deceased person who has lost his life in the accident.” As per Ship Recycling regulations, 2006 the “Permission holder” means a person to whom permission is granted for utilizing ship breaking plot for beaching and recycling ships.

I submit that as per the Draft Code under the Section MISCELLANEOUS AND PENALTY PROVISIONS at page no. 47-48, it was provided that “the ship-recycler shall immediately pay a minimum ex-gratia compensation of Rs.200000/- (Rupees two lakhs only) per person or more as decided by the SMB or Port Authority/ Port Trust from time to time to the next kin of the deceased and Rs.50000/- (Rupees Fifty thousand only) per case or more as may be decided by the Board from time to time to the injured victim, over and above the compensation that may be received by the next kin of the deceased or the injured victim from insurance claim or under any other enactment including Workman Compensation Act and Employee State Insurance Scheme (ESIC).” This provision under the Section titled MISCELLANEOUS AND PENALTY PROVISIONS of the final Code has been inhumanly omitted due to the tremendous influence of ship breakers on some gullible, docile or colluding official who finalized the Code. The IMC must revisit this section and consider recommending its inclusion of MISCELLANEOUS AND PENALTY PROVISIONS as provided in the Draft Code with more stringent provisions.

I submit that monetary compensation is hardly sufficient to deal with these ongoing deaths of migrant workers on Gujarat’s Alang beach in Bhavnagar.  

I submit that the Minutes of the 16th meeting of the Inter-Ministerial Committee (IMC) on Ship breaking held on 1-10-2013 at Gandhinagar, Gujarat held under your Chairmanship reveals that it dwelt on the issue of “Safety of workers.”

“The IMC was informed that the accident at Plot No. 82, killing 7 persons occurred due to presence of oil and its vapour in the pipeline of the ship, while cutting the oil pipe flanged with LPG gas cutting equipment. DISH has revoked the competency certificate of the person who issued the certificate. The office of the Deputy Director Industrial Safety and Health, Alang has issued prohibitory order under Section 40 (2) of the Factories Act to prohibit ship breaking till oil in the pipe line is completely cleaned and a fresh the certificate is obtained from the competent person. The factory owner has complied with the conditions of the prohibitory order and therefore the prohibition was lifted by the Director, Industrial Safety and Health on 23.11.2012. Prosecution for the violation of Rule 68-H (13) (a) of Gujarat Factories Rules, 1963 (as amended in 1995) made under the  Factories Act regarding allowing hot work on pipeline carrying oil and its vapour while ship breaking by the occupier is filed in the court of law against the occupier. Details of the PF related benefits paid to families of the deceased employees were also placed before the IMC need to be examined from adequacy angle. Chairman, IMC enquired whether criminal prosecution was launched against people who were responsible for loss of life in this accident. GMB may provide details in the next meeting. DISH was asked to place the report of action taken in respect of the accident on the website of GM B and prepare Standard Operating Procedures (SOP) for preventing such incident in future.”

It is not clear as yet whether the office of the Deputy Director Industrial Safety and Health, Alang has issued prohibitory order in the present case of March 11, 2014 and whether criminal case has been lodged or not. In an earlier case when a ship breaker was arrested on death of workers, the ship breakers went on strike to save their fellow ship breaker from imprisonment. The ship breaker in question was released on bail.  

I spoke to Mr P D Vyas, Chief Fire Officer, Alang, Gujarat on March 12, 2014 who stated that there was no fire accident in this case.

I submit that the IMC may consider inviting and examining reports of criminal prosecution in the present case of March 11, 2014 and in the previous cases. 

I submit that there is an urgent need to issue notices to Government of Gujarat, Government of Odisha, Union Ministry of Labour and Union Ministry of Steel.  

I submit that as per Hon’ble Supreme Court judgment dated September 6, 2007 in Writ Petition (Civil) no. 657 of 1995, District Collector, Bhavnagar has to ensure that dismantling takes place as per a dismantling in keeping with its directions. Sources have revealed that in disregard to Court’s order so far the District Collector has chosen not to be associated with the dismantling process. Such non-compliance is unpardonable but appears routine.

I submit that monitoring agencies like Gujarat Maritime Board, Gujarat Pollution Control Board, Department of Industry and Department of Labour ought to be made accountable with exemplary compensation to set matters right.  

In the context of these deaths if Government of Gujarat were sensitive it would have ensured that no deaths happen in future by re-opening the old cases of occupational deaths on the Alang beach to set matters right. Those plots which are more accident prone than mines must be closed with immediate effect. The migrant workers deserve both medical and legal remedy besides just compensation.

I submit that there were 10 deaths in 2013. Earlier one worker died in an accident at Alang ship-breaking yard on December 6, 2013 after an iron plate fell on his head. The deceased has been identified as 37 years old Shambhuram Rajvanshi from Uttar Pradesh. The accident took place on Plot No. 2 of the yard located at Alang beach. He was immediately taken to a private hospital at Bhavnagar where he was declared dead. It has not come to light as to what did Government of Gujarat do to ensure justice to the worker and what steps were initiated to ensure that such accidents and deaths do not happen in future.

I submit that there was an incident of fire broke in Plot No. 48. on January 13, 2013. I am attaching the picture of a dead body of a migrant worker who died earlier in October 2012 in the aftermath of the death of six labourers in October, 2012 who were burnt to death.

I submit that during 2001 to March 2014, there have been some 200 deaths without anyone being made accountable or liable.

I submit that the ongoing deaths of migrant workers from Uttar Pradesh, Bihar, Jharkhand and Odisha on Alang beach, Bhavnagar, Gujarat keeping come to light but nothing has been done to arrest these preventable deaths.

I submit that in the year 2011, 27 workers died in the ship breaking activities at Alang beach. These migrant casual workers live and work in a slave like condition.

I submit that the fate of Alang coast which is the worst coastal beach in the world.

I submit that Gujarat government took the right step by shutting down the Sachana plots in November 2011 citing massive pollution as a reason, Sachana shipbreaking plots in Jamnagar district , Gujarat where some private agencies have been carrying out ship-breaking work. The closure order read: “The ship-breaking is termed illegal because this breaking activity is going on in the water of Marine National Park…” stated an order dated 22-11-2011 from the Office of Chief Forest Conservator. The order said: “Because of ship-breaking, harmful objects like arsenic, mercury, asbestos, oil, etc could harm marine life in the long time. This leads to complex problems for protecting and conserving the Marine National Park and Marine sanctuary.”

I submit that these observations are quite relevant for the ship-breaking operations on Alang beach, Bhavnagar as well but government has ignored the similarity between the two.

I wish to draw your attention towards UN Special Rapporteur’s report based on his visit to Alang beach in January 2010. I had accompanied him during his visit at his invitation.

 I submit that UN Special Rapporteur’s assessment reads:”…in India ships are dismantled on beaches, a method commonly referred to as “beaching”. This method of ship dismantling fails to comply with generally accepted norms and standards on environmental protection. Although very little work has been carried out to assess its environmental impact, the dismantling of ships on sandy beaches without any containment other than the hull of the ship itself appears to have caused high levels of contamination of soil, air, and marine and freshwater resources in many South Asian countries, and to have adversely affected the livelihood of local communities surrounding the shipbreaking facilities, which often rely on agriculture and fishing for their subsistence" at page 9 of the report.

I submit that UN Special Rapporteur’s recommends "an independent study be carried out to assess the actual and potential adverse effects caused by the discharge of hazardous substances and materials into the natural environment. Such a study should also assess the steps that need to be taken for the gradual phasing out of “beaching” in favour of more environmentally friendly methods of shipbreaking" at page 21 of the report.

I submit that it has been almost 4 years but nothing has been done to make Alang coastal beach a tourist attraction of international standard. Some 6, 000 end-of-life ships were permitted in the past 30 years ignoring Navel Intelligence reports underlining threat to Alang’s coastal environment.

I submit that Gujarat Government has failed to ensure that the guilty officials and ship breakers are made accountable.

I submit that the recent inspection Supreme Court constituted Inter-Ministerial Committee (IMC) on Shipbreaking team took note of non-existent environmental and occupational health infrastructure for the umpteenth time since 2004. It is sad that recommendations of IMC from 2004 to 2014 onwards have not been implemented.

I submit that after each accident and death of workers, inquiry is ordered but their report remains classified and no action has been taken. All the migrant workers who became victims in the fire of October 6, 2012 in Plot no. 82 on Alang beach belonged to Uttar Pradesh. The deceased were identified as Hiralal Chaudhary (28), Ajay Chaudhary (22), Ram Milan (35), Sanjay Yadav (25), Subhash Yadav (28) and Dharmendra Chaudhary. It is not clear whether these workers were adequately compensated. Only a high level probe can bring out the names of the others who are dead but whose whereabouts has not been disclosed so far. The workers who officially died included three from Basti and three from Gorakhpur. The one from Basti include Hiralal, s/o Ram Kishun, village/post Bharapur, Ajay Chaudhary, s/o Satyendra Chaudhary, village-Chakda, Post- Kalwani. Gujarat Government should reveal how they have dealt with the death of these workers and how their families have been compensated and what steps have been taken to prevent loss of human lives due to inhuman lust of ship breakers and global shipping companies for profit.

I submit that at present the migrant workers in Alang who face discrimination for being Hindi and Oriya speaking and are not covered under Employees’ State Insurance Corporation. Workers’ living and working condition remains bad.

I submit that the illegal shipment of hazardous waste "from industrialised countries is being shipped to less developed countries under the listed intention of recycling and reclamation," is a serious problem which has been noted even by INTERPOL. According to Green Customs Initiative, national and international crime syndicates earn 20-30 billion US dollars annually from hazardous wastes dumping, smuggling proscribed hazardous materials. Clearly, environmental crime and escaping of decontamination cost by global shipping companies in collaboration with international recycling industry is a significant and increasingly lucrative business but Gujarat government has turned a blind eye to it.

It appears that the world’s most controversial beach has been colonized by the global shipping companies for good. At present businessmen of dubious shades they are aiding and abetting colonialism by dumping hazardous waste at the behest of shipping companies of imperial powers. The UN report states, "Health facilities in Alang/Sosiya do not possess sufficient human, technical and financial resources to provide any treatment other than first aid for minor injuries. The nearest hospital equipped to deal with life-threatening conditions is in Bhavnagar, more than 50 kilometres away. The Red Cross hospital in Alang, which the Special Rapporteur visited, can count on only four medical doctors and nine beds to provide health care not only to some 30,000 workers in the yards, but also to the neighbouring villages of Alang (which has a population of about 18,000 people) and Sosiya (4,000 people)" on page 14. The regime of blind profit at any cost is ruling the roost on this ecologically fragile beach illustrates how all the efforts by the Supreme Court and UN agencies have been undermined with impunity.

I submit that it is expected that based on lessons from Sachana, Government of Gujarat and Government India would send a categorical message by refusing permission for the proposed ship-breaking facility to the foreign ship owning countries that they should keep their own waste and recycle it. It is proposed near Mundra West Port in Gujarat’s Kachchhh (Kutch) district proposed by Shri Gautam Adani led Adani Ports and Special Economic Zone Limited (APSEZL).

In view of the above, I seek IMC’s urgent intervention to migrant workers and local communities from the hazardous industrial activities on Alang beach that has remained unaddressed so far.

Thanking You

Yours faithfully

Gopal Krishna

ToxicsWatch Alliance (TWA)

A-124/6, First Floor, Katwaria Sarai,

New Delhi 110 016

Phone: +91-11-26517814

Fax: +91-11-26517814

Mb: 09818089660, 08227816731

E-mail:gopalkrishna1715@gmail.com

Web:www.toxicswatch.org

Cc
Shri Beni Prasad Verma, Union Minister of Steel
Shri Anand Sharma, Union Minister of Commerce & Industry
Shri G K Vasan, Union Minister of Shipping
Shri A K Antony, Union Defence Minister
Union Minister of Environment & Forests
Shri Jyotiraditya Madhavrao Scindia, Union Minister of State, Ministry of Commerce & Industry
Chairman & Members, Parliamentary Standing Committee on Science, Technology, Environment & Forests
Shri A K Seth, Cabinet Secretary, Government of India
Secretary, Union Ministry of Home Affairs
Secretary, Union Ministry of Commerce & Industry
Secretary, Union Ministry of Shipping
Secretary, Union Ministry of Environment & Forests
Secretary, Union Ministry of Defence
Secretary, Union Ministry of Steel
Additional Secretary , Union Ministry of Commerce & Industry
Additional Secretary, HSMD, Union Minister of Environment & Forests
Additional Secretary, Union Ministry of Commerce & Industry
Additional Secretary, Union Ministry of Commerce & Industry
Additional Secretary, Union Ministry of Commerce & Industry
Additional DGFT, Union Ministry of Commerce & Industry
Director General of Shipping & Ex. Officio Additional Secretary, Govt. of India
Director General of Central Excise Intelligence (DGCEI), Union Ministry of Finance
Chairman, Atomic Energy Regulatory Board, Mumbai
Director, Union Ministry of Commerce & Industry
Director, HSMD, Union Minister of Environment & Forests
Shri Sanjay Parikh, Lawyer, Supreme Court
Member Secretary, Gujarat Pollution Control Board (GPCB)
Chairman, GPCB
Chairman, Gujarat Maritime Board
Shri S K Sharma, Atomic Energy Regulatory Board
Shri L S Singh, Union Ministry of Steel
ACB, Gandhinagar, CBI
Office of Commissioner, Customs, Ahmedabad
Shri C A Joseph, Under Secretary, MF Desk, Union Ministry of Steel
Shri V. P. Patel, Collector, Bhavnagar District
Superintendent of Police, Bhavnagar District
Chairman, National Human Rights Commission, New Delhi
Secretary, Union Ministry of Health & Family Welfare
Secretary, Union Ministry of Labour & Employment
Principal Secretary, Health Department, Government of Uttar Pradesh
Principal Secretary, Health Department, Government of Bihar
Principal Secretary, Health Department, Government of Jharkhand
Secretary, Health Department, Government of Odisha
Principal Secretary, Health Department, Government of Gujarat
Chairman, ESIC, New Delhi
Chairman, Uttar Pradesh Human Rights Commission
Chairman, Bihar State Human Rights Commission

Polluting tanker seized near Alang

BHAVNAGAR: Gujarat Pollution Control Board (GPCB) officials in Alang caught a tanker near the cable-stayed bridge on Bhavnagar-Ahmedabad highway, which was about to dispose off 17,800 litres of ammonium carbonate into the sea.
Acting on a tip-off, officials led by regional officer Anil Shah seized the tanker belonging to Vapi-based Pthalo Colours and Chemicals (India) Ltd. The company had no permission to sell this chemical.
"We will not tolerate such illegal activity in Bhavnagar," Shah said.
In last monsoon too a tanker of the same company has been caught trying to drain chemicals into the sea in Alang.
GPCB has lodged a complaint in this regard at Velavadar police station. The recipient of tanker was Super White Chemical based in Bhavnagar.
"Neither the sender nor the buyer has permission to handle this chemical. In fact, we have issued closure notices to 17 units making magnesium carbonate in which this chemical is being used as raw material," Shah said. The chemical poses a great threat to marine as well human health as well.
http://articles.timesofindia.indiatimes.com/2012-09-07/rajkot/33676594_1_tanker-alang-closure-notices

Mexican flagged tanker DE MARZ (ex 18 DE MARZO) Missing ?

A end of life vessel DE MARZ, or 18 DE MARZO (IMO No.7383346)was due to arrive at Colombo, Sri Lanka around 6 June 2012. ToxicsWatch Alliance (TWA) seeks help to identify the vessel's current location.

The information about this vessel whether it is headed to India or it has arrived be helpful. TWA can write to Mexican authorities to recall the vessel.

Send dead toxic US ship, Exxon Valdez (now named MV Oriental N) away from Indian waters

To

Hon'ble
Union Environment & Forests Minister
Government of India
New Delhi

Subject-Send dead toxic US ship, Exxon Valdez (now named MV Oriental N) away from Indian waters

Madam,

Pursuant to my letter dated 18/5/2012 to the Hon'ble Prime Minister and a letter dated April 2, 2012 to Union Shipping Minister, I wish to draw your urgent attention in the matter of environmental security concerns from the entry of dead US vessel, MV Oriental N (formerly Exxon Valdez, Oriental Nicety, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean), relevant Supreme Court orders and the need to send this vessel out of Indian waters.

I submit that if the Supreme Court's orders of 3rd May, 11th May and 14th May are read along with the attached two applications, it becomes clearer that the order has banned entry of the dead US ship Exxon Valdez (currently named MV Oriental Nicety) due to its failure to comply with UN's Basel Convention on Transboundary Movement of Hazardous to which India is a party. It has been renamed again as MV Oriental N. All the 3 orders in the Writ Petition (Civil) 657 of 1995 are available on imowatch.blogspot.com (Supreme Court orders of 3rd-11th, & 14th May on Exxon Valdez (MV Oriental Nicety, MV Oriental N) Case )

I submit that it is indeed quite shocking that despite non-compliance of the Basel Convention (& Supreme Court order of 14th October 2003 and 3rd May 2012) the dead US ship is still in Indian waters, off Mumbai. It is attempting to set a bad precedent for hundreds of such ships to be dumped in Indian waters in connivance by US Maritime Administration and some gullible Indian officials. I submit that even in the case of another dead and hazardous US ship, the real owners had taken Indian law enforcement agencies for a ride due to lack of coordination and cooperation between Union Shipping Ministry and Union Environment & Forests Ministry.

I submit that it is a second such ship originally from USA that is outwitting Indian laws. The USA’s regulations and European Union regulations prohibit the entry of such vessels. In an Office Memorandum No.29-3/2009-HSMD, Government of India, Ministry of Environment & Forests, (HSM Division) dated 9th May, 2011, relating to implementation of Supreme Court directions in respect of ship breaking activities, the previous dead and convicted US ship, Platinum II (Ex SS Oceanic, MV Oceanic) was denied beaching permission but it remained in Indian waters without beaching. It had left US waters despite indictment by US Environment Protection Agency with the apparent connivance of MARAD. It had entered Indian waters on fake documents.

I am attaching my application seeking enforcement of Basel Convention, recommendations of Inter-Ministerial Committee on shipbreaking and the Supreme Court orders and the application filed by Best Oasis company, subsidiary of Priya Blue company seeking permission to dismantle the dead and hazardous US ship in Indian waters.

I submit that Basel Convention Technical Guidelines for the Environmentally Sound Management of the Full and Partial Dismantling of Ships was adopted at the sixth meeting of the Conference of the Parties has to be followed. This 112 page guidelines provide information and recommendations on procedures, processes and practices that should be implemented to achieve Environmentally Sound Management at ship dismantling facilities. It identifies different environmental hazards and recommends specific measures to prevent it or reduce them. It also contains a list of wastes that may be inherent in the vessel structure or on board a ship. Finally, the guidelines provide advice on monitoring and verification of environmental performance. For details regarding Basel Convention visit: http://www.basel.int


I submit that is clear from the order that compliance with UN’s on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal which is part of Supreme Court's order dated October 14, 2003 is required. In the order dated May 3, 2012, Supreme Court had asked Union of India, Ministry of Shipping and Ministry of Environment & Forests “to inform this Court as to the steps being taken to prevent the ship berthing in any of the ports in India, without following the conditions indicated in the Basel Convention.”

I submit that strict compliance is required of the CPCB’s 'Environmental Guidelines for Shipbreaking industries' as well It reads: "Old vessels containing or contaminated with substances such as PCBs, waste asbestos dust and fibre, lead and lead compounds are accordingly classified as hazardous materials. The customs authority and /or the concerned State Maritime Board should ensure this and issue a certificate to this effect that the vessel is free from prohibited materials."

I submit that a 2004 report of the Directorate of Naval Intelligence, Union Ministry of Defence records:"some ships arriving at the breaking yards...may be involved in nefarious activities". It noted that a large number of cash buyers are Pakistani nationals based in London and the UAE. "Due to large profit margins, the Dawood group appears to have invested heavily in cash buyers thus having a stake in most deals”. It was recorded in a letter of the Standing Monitoring Committee on Ship breaking, Union Ministry of Environment & Forests in May 2011 that the Gujarat Maritime Board (GMB) and Customs were unable to verify the records of some of the ships. It was suggested that the DG shipping be authorized to first verify records before the ships are allowed to dock at the Alang yards. But the GMB officials said this would be acceptable to them only if the DG shipping was able to carry out such verification within 48 hours or it would presume that the records provided by the ship are authentic. This matter has not been resolved as yet.

I submit that the Minutes of the Supreme Court constituted Inter-ministerial committee (IMC) and a sensitive document of Union Ministry of Defence has been filed in the court that reveal how security concerns that emanate from ship breaking activity have been expressed. The relevant excerpts from the fourteen minutes dated February 5, 2004, June 11, 2004, January 19, 2005, June 28, 2005, February 1, 2006, September 21, 2006, January 1, 2007, August 9, 2007, February 28, 2008, February 4, 2009, October 5, 2009, October 5, 2010,September 17, 2010 , July 8, 2011 and February 28, 2012 are given below.

I submit that the minutes of 14th meeting of February 28, 2012 refers to “Security concerns” but does not reveal what has been the response to the several recommendations of IMC in the earlier meetings. The relevant part of the minutes of its 13th meeting reads: “Security concerns: The representative of Coast Guard brought to the notice of IMC that various foreign made communication equipment like emergency beacons brought on board of the ships and taken to breaking yards are not properly deactivated before dismantling the ships. The Coast Guard expressed concern from security angle as there were a few incidents of false alarms emanating from such equipments….” The issue of “false flag certification” was also raised.

I submit that “It was also clarified by GMB that the requisite information would also be sent to MOD” in the minutes. Subsequent to this the minutes of the 14th meeting does not reveal whether Ministry of Defence has been sent information that was promised.

I wish to draw your attention towards the minutes of the 12th meeting. It reads: “Security Concerns – In the last meeting, it had been decided that the Ministry of Shipping would organize a meeting on security matters with GMB, Naval HQ and Coast Guard HQ, Customs etc. to ensure that issues linked to gaps in the security frame-work are addressed on a priority basis. The representative of Naval HQ informed that they have already taken up the matter with the DG Shipping on 3 September 2009 highlighting the necessary precautionary security steps, including a monthly security meeting to be conducted by the Yard/Port Authority. The representative of the DG Shipping informed that the suggestions of the Naval HQ have been conveyed to the Gujarat Maritime Board.” It is not clear whether the suggestions of the Naval Headquarters have been acted upon.

I submit that the minutes of 11th meeting of IMC reads: “Security Concerns – The Coast Guard representative brought out some security concerns and incidents of communication sets from ships reportedly finding their way to the local fisherman.”

I submit that these concerns cannot be taken lightly. The minutes of the IMC meeting reads: “Security Concerns – Both the representative of the Coast Guard and the representative from Naval HQ raised concerns over the entry of ships carrying hazardous cargo to Alang for ship breaking and how no information is made available to them regarding the movement of ships to Alang. Besides this there was no information regarding whether the Alang Port is compliant with the International Ship and Port Facility Security (ISPS) Code. In the context of the present security concerns in the country, the Chairman advised the representative of the Ministry of Shipping, the GMB officials, the Coast Guard representative and the Naval HQs to address the issue expeditiously so that the security gaps are taken care of and also to verify whether the port at Alang has implemented the ISPS codes.” The entry of dead ships in Indian waters with fake documents reveals that security gaps have not been addressed.

I submit that IMC minutes reads: “Security concerns 16. Representatives of Naval Headquarter pointed out that because of large floating population at Alang it has become a breeding ground for mafia and other anti national elements who are indulging in nefarious activities. He further pointed out that sometimes vessels moving to Alang for breaking do not carry sufficient fuel and may also be not sea worthy. This may cause serious accidents at sea if such vessels are drifting in areas closer to oil field development areas. He therefore requested that there should be strict enforcement of account ability of ships reporting at Alang and the port authorities must share information with intelligence agencies. Further Naval Headquarters should also be informed about war ships and ships with sensitive cargo coming to Alang for ship breaking.” The radioactive wastes laden dead ships and war ships are indeed a matter of huge security concern.

I submit that the minutes of the another IMC meeting reads: “The Coast Guard representative and the Naval HQ representative also expressed apprehensions that the vessels coming in for beaching sometimes ply very close to the oil rigs, which could be a potential for accidents. Though the representative of the DG, Shipping clarified that the ships are to ply on pre-determined chartered routes, it was emphasized that the preventive measures on such matters need to be strengthened and ensure due compliance by all. The Chairman directed that the Ministry of Shipping may organize a meeting on the matter with GMB, Naval HQ and Coast Guard HQ, Custom etc. immediately and ensure that gaps in the security frame-work issues are addressed immediately.” There is a need to examine whether gaps in the security frame-work issues have been addressed as recently as during 2011-12 when 415 dead ships were dumped at Alang beach.

Let me take the opportunity to inform you that the May 3, 2012 order of Justice Altamas Kabir and Justice J. Chelameswar bench of Supreme Court in the matter of a US hazardous dead vessel named 'Oriental Nicety' (formerly Exxon Valdez, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean) that was trying to enter Indian waters at Alang beach Bhavnagar has sought compliance with UN’s Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal to which India is a party. This has vessel has been renamed as MV Oriental N, Gujarat.

I submit that The Washington Post news report, “The many lives of the Exxon Valdez”, March 29, 2012 disclosed that the vessel is on the way to Alang beach. It may be noted that in the year 2000-2001, the buyer of the vessel and the owner of Priya Blue Industries Pvt Ltd, Shri Sanjay P Mehta has been in the ship recycling business as he was engaged with “MARUTI METALS, LLC” in the US as a advisor at the recycling Site at Brownsville, Texas. It was involved in the dismantling of United States Adventure, a US Navy vessel as per the requirements of US Maritime Administration [MARAD] an agency within the US Department of Transportation. After the entrepreneurs of the "MARUTI METALS LLC" decided to close their business in US, Shri Mehta moved to India to further continue his recycling business in Alang-Sosiya, Gujarat India. Its 100% subsidiary, Best Oasis Limited, a newly formed company and a part of "Priya Blue Group" which is a "CASH BUYER" that purchases vessels on "As is Where is basis" to deliver the same for ship dismantling at Alang beach at the convenience of ship owners from developed countries. Hongkong based Best Oasis Limited is a purchaser, seller and financer of end-of-life ships.

I submit that the end-of-life ship 'Oriental Nicety' was purchased in March 2012 by a US based company Global Marketing Systems (GMS), which is one of the biggest, cash buyers for dead ships. It was sold to Best Oasis Company for about $16 million. The Bill of Sale of the ship alone can reveal its true or latent value. This 301 meters long tanker is 50 meters wide, 26 meters depth, weighing 30,000 tons empty and powered by a 23.60 MW diesel engine. US based National Steel and Shipbuilding Company built this tanker for Exxon Mobil Corporation, a US multinational oil and gas corporation and a direct descendant of John D. Rockefeller's Standard Oil Company. It was built in San Diego, California in 1986.

I submit that the GMS was involved in the purchase of controversial radioactive and hazardous waste laden European ship SS Blue Lady (ex-SS Norway, SS France) and was also involved in the Blue Lady case and the dead hazardous US ship Platinum II (ex-MV Oceanic, SS Independence). Platinum II was indicted by US Environmental Protection Agency. This ship was denied beaching permission by Union Ministry of Environment & Forests but the Ministry’s intent was outwitted as the dead ship remained in Indian waters and was illegally scrapped at Gopnath anchorage point in Bhavnagar Gujarat.

In the past 23 years, the dead US vessel MV Oriental N (formerly Exxon Valdez, Oriental Nicety, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean) has been renamed several times. It has worked in at least three areas of the world since it ran aground on Bligh Reef in Alaska's Prince William Sound in March 1989. The 30,000-ton tanker ruptured eight of its 11 oil-storage tanks and spilled nearly 11 million gallons of crude oil into the ecologically rich area. Exxon Mobil spent $30 million to repair the single-hulled ship and moved it to its Mediterranean routes after the US banned the ship from Alaskan waters and a law was passed requiring double hulls on oil tankers.

I submit that the USA which is a non-party to Basel Convention appears to be testing the robustness to the regulatory regime. If a bad precedent is set by allowing this dead US ship, Indian waters will be flooded with hundreds of dead ships both of military and military origin in the aftermath of the lifting of moratorium on transfer of toxic ships to developing countries by US Government.

I submit that a letter to Parliamentary Standing Committee on Transport, Tourism & Culture informing it about a letter of Shri Rajgopal Sharma, Advisor, Indian Embassy, Brussels dated December 20, 2011 wherein it has been revealed that most of the dead and hazardous ships that are currently at Alang beach are in illegal traffic. The letter was based on Shri Sharma’s conversation with Shri Julio Garcia Burgues, Head of the Waste Management Unit, European Commission – DG Environment. This reveals that even EU is trying to transfer its dead ships to India.

In view of the above facts, there is a compelling logic to intervene earnestly to set matters right by sending the dead US ship away from Indian waters.

Thanking You

Yours faithfully

Gopal Krishna
ToxicsWatch Alliance (TWA)
New Delhi
PIN. 110016
Phone: +91-11-26517814, Fax: +91-11-26517814
Mb: 9818089660, 08002263335
E-mail:krishna1715@gmail.com
Web: toxicswatch.blogspot.com

Cc
Shri Anand Sharma, Union Minister of Commerce & Industry
Shri G K Vasan, Union Minister of Shipping
Smt Jayanthi Natrajan, Union Minister of Environment & Forests
Shri Jyotiraditya Madhavrao Scindia, Union Minister of State, Ministry of Commerce & Industry
Chairman & Members, Parliamentary Standing Committee on Science, Technology, Environment & Forests
Shri A K Seth, Cabinet Secretary, Government of India
Secretary, Union Ministry of Commerce & Industry

Secretary, Union Ministry of Shipping

Secretary, Union Ministry of Environment & Forests

Smt. Vijay Laxmi Joshi, Additional Secretary , Union Ministry of Commerce & Industry
Ms Meera Mehrishi, Additional Secretary, HSMD, Union Minister of Environment & Forests
Shri Madhusudan Prasad, Additional Secretary, Union Ministry of Commerce & Industry
Shri Rajeev Kher, Additional Secretary, Union Ministry of Commerce & Industry
Ms Anita Agnihotri, Additional Secretary, Union Ministry of Commerce & Industry
Shri Mukesh Bhatnagar, Additional DGFT, Union Ministry of Commerce & Industry

Dr. Satish B. Agnihotri Director General of Shipping & Ex. Officio Additional Secretary to the Govt. of India

Ms Aditi Das Rout, Director, Union Ministry of Commerce & Industry
Dr. Saroj, Director, HSMD, Union Minister of Environment & Forests
Dr. Manoranjan Hota, Director, HSMD, Union Minister of Environment & Forests
Dr Claude Alvares, Member, Supreme Court Monitoring Committee on Hazardous Wastes
Dr D B Boralkar, Member, Supreme Court Monitoring Committee on Hazardous Wastes
Shri Sanjay Parikh, Lawyer, Supreme Court

Miss Sunita Naraian, Director General, Centre for Science and Environment

Member Secretary, Gujarat Pollution Control Board (GPCB)

Chairman, GPCB

Chairman, Gujarat Maritime Board

Shri S K Sharma, Atomic Energy Regulatory Board

Shri L S Singh, Union Ministry of Steel

ACB, Gandhinagar, CBI

Office of Commissioner, Customs, Ahmedabad

Supreme Court orders of 3rd-11th, & 14th May on Exxon Valdez (MV Oriental Nicety, MV Oriental N) Case

ITEM NO.1 COURT NO.2 SECTION PIL

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

I.A. No. 61 of 2012 in W.P. (C) No. 657 of 1995

RESEARCH FOUNDN. FOR SCIENCE Petitioner(s)

VERSUS

U O I & ANR. Respondent(s)


(With application for directions)

Date: 14/05/2012 This Petition was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE DEEPAK VERMA
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
(VACATION BENCH)

For Petitioner(s) Mr. Sanjay Parikh, Adv.
Mr. A.N. Singh, Adv.
Mr. Bushra Praveen, Adv.
Ms. Mamta Saxena, Adv.


For Respondent(s)/ Mr. Vikas Singh, Sr. Adv.
Applicant Mr. Mahesh Agarwal, Adv.
Mr. E.C. Agarwala, AOR
Mr. Rahul Khanna, Adv.
Mr. Gaurav Goel, Adv.
Mr. Abhinav Agrawal, Adv.

For UOI Mr. T.S. Doabia, Sr. Adv.
& Ors. Mr. Ashok Bhan, Sr. Adv.
Mrs. Asha G. Nair, Adv.
Mr. D.S. Mahra, Adv.
Ms. Kiran Bhardwaj, Adv.
Ms. Sadhana Sandhu, Adv.
Mr. B. Krishna Prasad, Adv.
Mr. Sunil Roy, Adv.
Mr. S.S. Rawat, Adv.
Mr. D.L. Chidanand, Adv.
Ms. Sunita Sharma, Adv.
Mr. Arijit Prasad, Adv.
Mr. T.A. Khan, Adv.
Mr. A.K. Sharma, A.O.R.

Mr. Ashok Kumr Panda, Sr. Adv.
2


Mr. Rutwik Panda, Sr. Adv.

Mr. Mukesh Verma, Adv.
Mr. Yash Pal Dhingra, Adv.

Mr. Gaurav Dhingra, Adv.
Mr. Mukul Singh, Adv.
Ms. Ruchika Bhai, Adv.

Mr. Hemantika Wahi, A.O.R.
Ms. Jesal, Adv.
Mr. R. Pradhan, Adv.

Mr. Pradeep Misra, Adv.

Mrs. Manik Karanjawala, A.O.R.
Mr. Anil Kumar Jha,A.O.R.
Mr. Rishi Agrawala, Adv.
Mr. Rahul Dhawan, A.O.R.
Ms. Shobna M., A.O.R.

UPON hearing counsel the Court made the following
O R D E R

Interlocutory Application No.61 of 2012 has
been filed by M/s. Best Oasis Ltd.
Let notice of this I.A. be issued to the
petitioner of the writ petition as also respondents ­
Union of India and others.




(A.D. Sharma) (S.S.R. Krishna)
Court Master Court Master


-----------------------------------------------------------------------------------

WP (C) 657/1995
1

ITEM NO.MM 2-I COURT NO.2 SECTION PIL


S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

I.A. NO.61 OF 2012 IN WRIT PETITION (CIVIL) NO.657 OF 1995



RESEARCH FOUNDN. FOR SCIENCE Petitioner(s)

VERSUS

U O I & ANR. Respondent(s)

(With appln(s) for directions)


Date: 11/05/2012 This Petition was called on for hearing today.


CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR
HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR


For Petitioner(s) Mr. Sanjay Parikh, AOR

For Respondent(s)/ Mr. Vikas Singh, Sr. Adv.
Applicant Mr. Mahesh Agarwal, Adv.
Mr. Rishi Agrawala, Adv.
Mr. E.C. Agarwala, AOR
Mr. Gaurav Goel, Adv.
Mr. Abhinav Agrawal, Adv.
Mr. Rahul Dhawan, Adv.
Ms. Shobana M., Adv.

Mr. Arijit Prasad, Adv.
Mr. T.A. Khan, Adv.
Mr. A.K. Sharma, AOR

For Ministry of Mr. T.S. Doabia, Sr. Adv.
Shipping Ms. Kiran Bhardwaj, Adv.
Mr. D.S. Mahra, Adv.

Mr. Hemantika Wahi, AOR

For UOI Mr. Ashok Bhan, Sr. Adv.
Mrs. Asha G. Nair, Adv.
WP (C) 657/1995
2

Ms. Sadhana Sandhu, Adv.
Mr. B. Krishna Prasad, AOR


UPON hearing counsel the Court made the following
O R D E R

Let this application be listed before the Vacation
Bench on Monday (14.05.2012), when the petitioner, Research
Foundation for Science, will be at liberty to take all
objections, as may be necessary, in regard to the question
of certification of the ship prior to its entry into Indian
territorial waters.

(Chetan Kumar) (Juginder Kaur)
Court Master Assistant Registrar


-------------------------------------------------------------------------------------

W.P. (C) 657/1995
1

ITEM NO.3 COURT NO.2 SECTION PIL


S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

I.A. NOS.23, 40, 42, 43, 55, 56 & 57 IN
WRIT PETITION (C) NO.657 OF 1995


RESEARCH FOUNDN. FOR SCIENCE Petitioner(s)

VERSUS

U O I & ANR. Respondent(s)


(With appln(s) for directions and impleadment and clarification
and office report)

WITH CONMT. PET.(C) NO.155 of 2005
(With appln.(s) for directions and office report)
SLP(C) NO.16175 of 1997
(With appln.(s) for ex-parte stay and impleading party)
Civil Appeal NO.7660 of 1997
(With office report)


Date: 03/05/2012 These Petitions were called on for hearing today.


CORAM :
HON'BLE MR. JUSTICE ALTAMAS KABIR
HON'BLE MR. JUSTICE J. CHELAMESWAR


For Petitioner(s) Mr. Sanjay Parikh, AOR
Ms. Mamta Saxena, Adv.
Mr. A.N. Singh, Adv.
Ms. Bushra Praveena, Adv.

In SLP 16175/1997 Ms. B. Vijayalakshmi Menon, AOR

In CA 7660/1997 Mr. P. Parmeswaran, AOR

In CP 155/2005 BY POST

For Respondent(s) Mr. P.P. Malhotra, A.S.G.
UOI Mr. Ashok Bhan, Sr. Adv.
W.P. (C) 657/1995
2

Ms. Sadhana Sandhu, Adv.
Mr. B. Krishna Prasad, AOR

Mr. Anil Kumar Jha, AOR

Mr. Manik Karanjawala, AOR

Mr. K.B. Rohtagi, AOR

Mr. Ashok Mathur, AOR

Mr. Shakil Ahmed Syed, AOR

For UPPCB Mr. Pradeep Misra, AOR
Mr. Suraj Singh, Adv.

Mr. Gopal Singh, AOR

For State of Mr. Khwairakpam Nobin Singh, AOR
Manipur Mr. Sapan Biswajit Meitei, Adv.
Mr. Techi Poto, Adv.

For State of Mr. Anil Shrivastav, AOR
Arunachal Pradesh Mr. Rituraj Biswas, Adv.

Mr. Amit Kumar, AOR

Mr. Rakesh K. Sharma, AOR

Mr. Radha Shyam Jena, AOR

Mrs. Urmila Sirur, AOR

Ms. Sushma Suri, AOR

Mrs. Anil Katiyar, AOR

For State of UP Mr. Kamlendra Mishra, AOR
Mr. Upendra Mishra, Adv.

M/s. Sinha & Das

Mr. Sanjay R. Hegde, AOR

For State of Assam Ms. Vartika Sahay Walia, Adv.
for M/s. Corporate Law Group

Mr. Aruneshwar Gupta, AOR
W.P. (C) 657/1995
3

Mr. Janaranjan Das, AOR

Mr. Ejaj Maqbool, AOR

Ms. Bina Gupta, AOR

Ms. S. Janani, AOR

Mr. Ajay Sharma, AOR

Mr. Atishi Dipankar, AOR

Mr. Nikhil Nayyar, AOR

Mr. P.S. Sudheer, AOR

For DPCC Mr. D.N. Goburdhan, AOR
Mr. Prabal Bagchi, Adv.

Mr. Mukesh Verma, Adv.
Mr. Yash Pal Dhingra, AOR

For Defaulter Nos. Mrs. Jayashree Wad, Adv.
3 to 7 Mr. Ashish Wad, Adv.
Ms. Tamali Wad, Adv.
Ms. Kanika, Adv.
for M/s. J.S. Wad & Co.

Mr. Gaurav Agrawal, AOR

Ms. Binu Tamta, AOR

Mr. Ashwani Bhardwaj, AOR

Mr. E.C. Agrawal, AOR

Mr. R. Satish, AOR

Mr. Jay Savla, AOR

Mr. A. Raghunath, AOR

Mr. Ravindra Kumar, AOR

For R-7 Mr. Mohan Prasaran, A.S.G.
Mr. Sunil Roy, Adv.
Ms. Sunita Sharma, Adv.
Ms. Asha G. Nair, Adv.
Ms. Kiran Bhardwaj, Adv.
W.P. (C) 657/1995
4

Mr. D.S. Mahra, AOR

For Ministry of Mr. T.S. Doabial, Sr. Adv.
Shipping Ms. Kiran Bhardwaj, Adv.
Mr. D.S. Mahra, AOR

Mr. E.C. Agrawala, AOR

Mr. Pragyan P. Sharma, Adv.
Mr. Rupesh Gupta, Adv.
Ms. Mandakini Sharma, Adv.
Mr. P.V. Yogeswaran, AOR
Mr. S. Muthu Krishnan, Adv.
Mr. Gautam Dhamija, Adv.

Mr. V.N. Raghupathy, AOR

Ms. Sumita Hazarika, AOR

Mr. D.N. Mishra, AOR

For State of MP Ms. Vibha Datta Makhija, AOR

For Govt. of Mr. V.G. Pragasam, Adv.
Puducherry Mr. S.J. Aristotle, Adv.
Mr. Praburamasubramanian, Adv.

State of Haryana Mr. Kamal Mohan Gupta, AOR

Mr. Pramod Dayal, AOR

Mr. Sushil Kumar Jain, AOR

Mr. B.V. Balaram Das, AOR

For State of Ms. Asha G. Nair, AOR
Maharashtra

For State of Dr. Manish Singhvi, AAG
Rajasthan Mr. Abhinav Ramkrishna, Adv.
Mr. Milind Kumar, Adv.

Ms. B. Sunita Rao, Adv.

In CP 155/2005 Mr. M.J. Paul, AOR

Mr. Sudarsh Menon, AOR

For Orissa SPCB Mr. A.K. Panda, Sr. Adv.
W.P. (C) 657/1995
5

Mr. Satyabrata Panda, Adv.
Mr. Rutwik Panda, AOR


In CA 8300-8301/04 Mrs. Nandini Gore, AOR


For State of Gujarat Ms. Hemantika Wahi, AOR
Ms. Jesal, Adv.
Ms. Rojalin Pradhan, Adv.

For Bhopal Group Ms. Karuna Nandy, Adv.
for Information & Ms. Aparna Bhat, AOR
Action

Mr. Shekhar Kumar, AOR

For SCMC Mr. Raj Panjwani, Sr. Adv.

For CPCB Mr. Vijay Panjwani, Adv.

For Dinesh Chandra Mr. Ranjit Kumar, Sr. Adv.
Applicant in IA 23 Mr. C. Mukund, Adv.
Mr. Ashok Kumar Jain, Adv.
Mr. Pankaj Jain, Adv.
Mr. P.V. Saravana Raja, Adv.
Mr. Bijoy Kumar Jain, AOR

For R-8/ Ludhiana Mr. Chirag Jamwal, Adv.
Refineries

For Official Mr. Manish Bishnoi, Adv.
Liquidator

For M/o Customs & Mr. Arijit Prasad, Adv.
Excise Mr. T.A. Khan, Adv.
Mr. Arvind Kumar Sharma, Adv.


UPON hearing counsel the Court made the following
O R D E R

In response to the prayers made in I.A. No.43 of
2007, filed by one Mr. Kishore R. Shah, a Member of the
Citizen Council, Chala ­ Vapi, we had directed the States of
Madhya Pradesh and Gujarat to file affidavits with regard to
the supply of fresh drinking water to the affected areas.
As far as the State of Gujarat is concerned, Ms. Hemantika
Wahi, learned senior Standing Counsel for the State of Gujarat, has filed an affidavit and has also indicated that
steps have already been taken to supply fresh drinking water
in the areas, in and around Wapi and Ankleshwar.
Mr. Sanjay Parikh, learned counsel appearing for the petitioners, may
seek instructions in regard to the statements made in the
said affidavit and report back to us.

As far as Bhopal is concerned, an affidavit has been
filed on behalf of the State, affirmed by the City Engineer
of the Municipal Corporation of Bhopal, stating that steps
have been taken in the fourteen localities, indicated by the
applicant and the Bhopal Group for Information and Action,
for supplying drinking water by overground pipelines to the
inhabitants of the said fourteen localities.
Ms. Vibha Datta Makhija, learned counsel appearing for the State of
Madhya Pradesh, has submitted that while the main pipelines
have been laid, a decision has also been
taken by the Municipality to provide each individual household with a
separate tap connection and that steps are being taken in
that regard. Ms. Makhija has also submitted that the matter
is in the process of execution and will take some time to
complete.

Ms. Karuna Nundy, learned counsel appearing for Bhopal Group for Information and Action, submits that the said Non-Governmental Organization has been working with the municipal authorities, not only in identifying the areas, but also in trying to expedite the work of laying down the
pipelines for supply of fresh drinking water. She also
7 submits that though the work is being undertaken, it is progressing at a very slow pace.
Ms. Nundy has also pointed out certain discrepancies
indicated in the Chart, which has been made Annexure A-2 to
the affidavit filed on behalf of the NGO.

Since, admittedly, steps are being taken to provide
the fourteen identified areas and the four additional areas,
which have been subsequently identified, with fresh drinking
water through pipelines, the only order that we are inclined
to pass today is for expedition of the work.

Although, we are informed that the Supreme Court Monitoring Committee,
which had earlier been appointed, has almost become defunct,
as also the local Committees appointed by it in different
areas, we are of the view that there should be a Monitoring
Committee to oversee the part of the work, which is now
being undertaken by the Bhopal Municipality for providing
fresh drinking water to the eighteen affected areas near the
Plant.

Accordingly, we constitute a Committee for the aforesaid purpose, with the Executive Chairman of the Madhya Pradesh State Legal Services Authority as the Chairperson of the Committee, which will include (1) The Commissioner, Gas
Relief and Rehabilitation, (2) The Commissioner, Bhopal Municipality, (3) The Executive Engineer, Bhopal Municipal
Corporation, (4) The Member Secretary of the Madhya Pradesh
State Pollution Control Board, (5) a member from the Bhopal
Group for Information and Action, a person nominated by the
Research Foundation for Science, the petitioner in the writ
petition itself, and the Member Secretary of the Madhya Pradesh State Legal Services Committee.

The other Non-Governmental Organizations, who have been assisting in the process of providing fresh drinking
water or other activities to provide relief for the people
of the different areas, may continue to assist the Committee
in the work of implementing the scheme for providing fresh
drinking water to the people of the various localities indicated.

The entire exercise should be completed within three months from the date of communication of this order to the Executive Chairman of the State Legal Services Authority and the Members of the Committee and both the State Government
and the Bhopal Municipal Corporation, shall ensure that the work does not suffer or is not obstructed on account of inadequate or insufficient funds.


Let copies of this order be made available to Mr. Sanjay Parikh, learned counsel for the Research Foundation for Science, who is requested to communicate the same to all the concerned authorities and each of the Members of the aforesaid Committee.

The Committee, thus appointed, is to submit its report to this Court, with regard to the work undertaken in terms of this order, on 13th August, 2012, when I.A. No.43 of 2007, along with the other
connected applications, are to be listed for further consideration.

Mr. Sanjay Parikh also submitted that a separate interlocutory application has been filed, which is yet to be numbered, in which it has been indicated that a foreign ship, which is alleged to be contaminated, has entered into Indian Waters, though, it has not yet been allowed to berth in any of the ports, without taking proper steps for decontamination in the port of export. A copy has been provided to Mr. Ashok Bhan, learned senior counsel appearing for the Union of India and Mr. T.S. Doabia, learned senior counsel, who submits that he is appearing on behalf of the Ministry of Shipping, Government of India. Both, Mr. Bhan and Mr. Doabia, are requested to take instructions on the statements made in the interlocutory application and to inform this Court as to the steps being taken to prevent the ship berthing in any of the ports in India, without following the conditions indicated in the Basel Convention.

The respondents in the interlocutory application will be entitled to file their respective counter affidavits to the same, within six weeks. Rejoinder thereto, if any, may be filed within two weeks thereafter.

Let this interlocutory application, as well as the other connected interlocutory applications, be listed on 13th August, 2012, also.

The Convenience File, which had been filed on behalf of the alleged contemnors in the contempt petition filed, be tagged with I.A. No.23 of 2007.


(Chetan Kumar) (Juginder Kaur)
Court Master Assistant Registrar

Cabinet Committee on Security Should Intervene to Stop Dumping of Dead Ships at Alang Beach

Press Release

Cabinet Committee on Security Should Intervene to Stop Dumping of Dead Ships at Alang Beach

Attempts by US and EU Ship owners to Dumps Their Dead Ships Should Be Resisted

New Delhi 19/5/2012: In a letter sent to the Cabinet Committee on Security (CCS) on May 18, 2012, ToxicsWatch Alliance (TWA) has sought its intervention to deal with the security Concerns from ongoing dumping of dead Ships at Alang Beach, Bhavnagar, Gujarat. The letter is attached.

TWA has cited specific documents like the report of the Directorate of Naval Intelligence, Union Ministry of Defence and the Minutes of the Supreme Court constituted Inter-ministerial committee (IMC) on Ship breaking during the period 2004-2012.

One of the minutes of the IMC meeting cited in the letter reads: “Security Concerns – Both the representative of the Coast Guard and the representative from Naval HQ raised concerns over the entry of ships carrying hazardous cargo to Alang for ship breaking and how no information is made available to them regarding the movement of ships to Alang.” The entry of dead ships in Indian waters with fake documents reveals that security gaps have not been addressed.

Another IMC minutes reads: “Security concerns 16. Representatives of Naval Headquarter pointed out that because of large floating population at Alang it has become a breeding ground for mafia and other anti national elements who are indulging in nefarious activities. He further pointed out that sometimes vessels moving to Alang for breaking do not carry sufficient fuel and may also be not sea worthy. This may cause serious accidents at sea if such vessels are drifting in areas closer to oil field development areas. He therefore requested that there should be strict enforcement of account ability of ships reporting at Alang and the port authorities must share information with intelligence agencies. Further Naval Headquarters should also be informed about war ships and ships with sensitive cargo coming to Alang for ship breaking.” The radioactive wastes laden dead ships and war ships are indeed a matter of huge security concern.

The minutes of the another IMC meeting reads: “… The Chairman directed that the Ministry of Shipping may organize a meeting on the matter with GMB, Naval HQ and Coast Guard HQ, Custom etc. immediately and ensure that gaps in the security frame-work issues are addressed immediately.” TWA has submitted that there is a need to examine whether gaps in the security frame-work issues have been addressed as recently as during 2011-12 when 415 dead ships were dumped at Alang beach.

It has drawn the attention of the CSS towards the attempts by authorities from USA and Europe to transfer their dead hazardous ships to India.

The TWA letter informed the CCS that while India is a party o UN’s Basel Convention on Transboundary Movement of Hazardous Wastes and Their Disposal, USA is a non-party. The latter appears to be testing the robustness of India’s regulatory regime by sending dead ships like Platinum II (ex SS Independence, MV Oceanic) that entered Indian waters on fake documents and is making efforts through corporate veils to dump the dead US vessel MV Oriental N (formerly Exxon Valdez, Oriental Nicety, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean) at Alang beach. This ship has worked in at least three areas of the world since it ran aground on Bligh Reef in Alaska's Prince William Sound in March 1989. The 30,000-ton tanker ruptured eight of its 11 oil-storage tanks and spilled nearly 11 million gallons of crude oil into the ecologically rich area. Exxon Mobil spent $30 million to repair the single-hulled ship and moved it to its Mediterranean routes after the US banned the ship from Alaskan waters and a law was passed requiring double hulls on oil tankers. On the application of convener, TWA, the Supreme Court passed an order on May 3, 2012 seeking compliance with Basel Convention.

TWA has argued that if a bad precedent is set by allowing this dead US ship, Indian waters will be flooded with hundreds of dead ships both of military and military origin in the aftermath of the lifting of moratorium on transfer of toxic ships to developing countries by US Government.

The letter has been sent to through Cabinet Secretary with copies to members of Cabinet Committee on Security, Chairman, Parliamentary Standing Committee on Transport, Tourism & Culture, Chairman, National Advisory Council, Secretary, Union Ministry of Home Affairs, Secretary, Union Ministry of Finance, Secretary, Union Ministry of External Affairs, Secretary, Union Ministry of Defence, Secretary, Union Ministry of Environment & Forests, Secretary, Union Ministry of Shipping, Secretary, Union Ministry of Steel, Secretary, Union Ministry of Law & Justice, Secretary, Union Ministry of Commerce & Industry and Chief Secretary, Government of Gujarat.

In order to take preventive steps in view of the security concerns expressed in the official documents, TWA demands that all dead ships should get mandatory clearance from Union Ministry of Defence.

For Details: Gopal Krishna, Convener, ToxicsWatch Alliance (TWA), New Delhi, Mb:-08002263335, 09818089660
Phone: +91-11-26517814, Fax: +91-11-26517814, E-mail:krishna1715@gmail.com Web: toxicswatch.blogspot.com

Security Concerns from ongoing Dumping of Dead Ships at Alang Beach, Bhavnagar, Gujarat

To

Dr Manmohan Singh
Cabinet Committee on Security (CCS)
Government of India
New Delhi

Date: 18/5/2012

Through Shri Ajit Kumar Seth, Cabinet Secretary, Government of India

Subject- Security Concerns from ongoing Dumping of Dead Ships at Alang Beach, Bhavnagar, Gujarat

Sir,

Pursuant to my letter dated April 2, 2012 to Union Shipping Minister, I wish to draw your urgent attention in the matter of security concerns from ongoing dumping of dead ships at Alang beach, Bhavnagar, Gujarat that compromises maritime, environmental and national security of the country. The letter was written seeking action to stop the entry of dead US vessel, MV Oriental N (formerly Exxon Valdez, Oriental Nicety, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean).

I submit that so far 5924 dead- ships have been dumped at the Alang beach unmindful of the security concerns expressed officially at least since 2004.

I submit that Income tax raids on 3 Bhavnagar-based ship-breaking firms and their associates have unearthed black money in the form unaccounted for income to the tune of Rs 27 crore. A team of more than 200 officials on February 17, 2012 did search-and-survey operations on 40 premises in Ahmedabad, Bhavnagar, Mumbai and Pune. In 2010, Directorate General of Central Excise Intelligence (DGCEI) had searched 18 premises of 11 ship-breaking companies in Alang. The DGCEI did make an attempt in 2010 to regulate ship breaking activity but seemed to have come under the influence of the unprecedented strike by the industrialists of the ship breaking business.

I submit that a 2004 report of the Directorate of Naval Intelligence, Union Ministry of Defence records:"some ships arriving at the breaking yards...may be involved in nefarious activities". It noted that a large number of cash buyers are Pakistani nationals based in London and the UAE. "Due to large profit margins, the Dawood group appears to have invested heavily in cash buyers thus having a stake in most deals”. It was recorded in a letter of the Standing Monitoring Committee on Ship breaking, Union Ministry of Environment & Forests in May 2011 that the Gujarat Maritime Board (GMB) and Customs were unable to verify the records of some of the ships. It was suggested that the DG shipping be authorized to first verify records before the ships are allowed to dock at the Alang yards. But the GMB officials said this would be acceptable to them only if the DG shipping was able to carry out such verification within 48 hours or it would presume that the records provided by the ship are authentic. This matter has not been resolved as yet.

I submit that I am an applicant in the Supreme Court in the hazardous wastes/ship breaking case.

I submit that the Minutes of the Supreme Court constituted Inter-ministerial committee (IMC) and a sensitive document of Union Ministry of Defence has been filed in the court that reveal how security concerns that emanate from ship breaking activity have been expressed. The relevant excerpts from the fourteen minutes dated February 5, 2004, June 11, 2004, January 19, 2005, June 28, 2005, February 1, 2006, September 21, 2006, January 1, 2007, August 9, 2007, February 28, 2008, February 4, 2009, October 5, 2009, October 5, 2010,September 17, 2010 , July 8, 2011 and February 28, 2012 are given below.

I submit that the minutes of 14th meeting of February 28, 2012 refers to “Security concerns” but does not reveal what has been the response to the several recommendations of IMC in the earlier meetings. The relevant part of the minutes of its 13th meeting reads: “Security concerns: The representative of Coast Guard brought to the notice of IMC that various foreign made communication equipment like emergency beacons brought on board of the ships and taken to breaking yards are not properly deactivated before dismantling the ships. The Coast Guard expressed concern from security angle as there were a few incidents of false alarms emanating from such equipments….” The issue of “false flag certification” was also raised.

I submit that “It was also clarified by GMB that the requisite information would also be sent to MOD” in the minutes. Subsequent to this the minutes of the 14th meeting does not reveal whether Ministry of Defence has been sent information that was promised.

I wish to draw your attention towards the minutes of the 12th meeting. It reads: “Security Concerns – In the last meeting, it had been decided that the Ministry of Shipping would organize a meeting on security matters with GMB, Naval HQ and Coast Guard HQ, Customs etc. to ensure that issues linked to gaps in the security frame-work are addressed on a priority basis. The representative of Naval HQ informed that they have already taken up the matter with the DG Shipping on 3 September 2009 highlighting the necessary precautionary security steps, including a monthly security meeting to be conducted by the Yard/Port Authority. The representative of the DG Shipping informed that the suggestions of the Naval HQ have been conveyed to the Gujarat Maritime Board.” It is not clear whether the suggestions of the Naval Headquarters have been acted upon.

I submit that the minutes of 11th meeting of IMC reads: “Security Concerns – The Coast Guard representative brought out some security concerns and incidents of communication sets from ships reportedly finding their way to the local fisherman.”

I submit that these concerns cannot be taken lightly. The minutes of the IMC meeting reads: “Security Concerns – Both the representative of the Coast Guard and the representative from Naval HQ raised concerns over the entry of ships carrying hazardous cargo to Alang for ship breaking and how no information is made available to them regarding the movement of ships to Alang. Besides this there was no information regarding whether the Alang Port is compliant with the International Ship and Port Facility Security (ISPS) Code. In the context of the present security concerns in the country, the Chairman advised the representative of the Ministry of Shipping, the GMB officials, the Coast Guard representative and the Naval HQs to address the issue expeditiously so that the security gaps are taken care of and also to verify whether the port at Alang has implemented the ISPS codes.” The entry of dead ships in Indian waters with fake documents reveals that security gaps have not been addressed.

I submit that IMC minutes reads: “Security concerns 16. Representatives of Naval Headquarter pointed out that because of large floating population at Alang it has become a breeding ground for mafia and other anti national elements who are indulging in nefarious activities. He further pointed out that sometimes vessels moving to Alang for breaking do not carry sufficient fuel and may also be not sea worthy. This may cause serious accidents at sea if such vessels are drifting in areas closer to oil field development areas. He therefore requested that there should be strict enforcement of account ability of ships reporting at Alang and the port authorities must share information with intelligence agencies. Further Naval Headquarters should also be informed about war ships and ships with sensitive cargo coming to Alang for ship breaking.” The radioactive wastes laden dead ships and war ships are indeed a matter of huge security concern.

I submit that the minutes of the another IMC meeting reads: “The Coast Guard representative and the Naval HQ representative also expressed apprehensions that the vessels coming in for beaching sometimes ply very close to the oil rigs, which could be a potential for accidents. Though the representative of the DG, Shipping clarified that the ships are to ply on pre-determined chartered routes, it was emphasized that the preventive measures on such matters need to be strengthened and ensure due compliance by all. The Chairman directed that the Ministry of Shipping may organize a meeting on the matter with GMB, Naval HQ and Coast Guard HQ, Custom etc. immediately and ensure that gaps in the security frame-work issues are addressed immediately.” There is a need to examine whether gaps in the security frame-work issues have been addressed as recently as during 2011-12 when 415 dead ships were dumped at Alang beach.

Let me take the opportunity to inform you that the May 3, 2012 order of Justice Altamas Kabir and Justice J. Chelameswar bench of Supreme Court in the matter of a US hazardous dead vessel named 'Oriental Nicety' (formerly Exxon Valdez, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean) that was trying to enter Indian waters at Alang beach Bhavnagar has sought compliance with UN’s Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal to which India is a party. This has vessel has been renamed as MV Oriental N, Gujarat.

I submit that The Washington Post news report, “The many lives of the Exxon Valdez”, March 29, 2012 disclosed that the vessel is on the way to Alang beach. It may be noted that in the year 2000-2001, the buyer of the vessel and the owner of Priya Blue Industries Pvt Ltd, Shri Sanjay P Mehta has been in the ship recycling business as he was engaged with “MARUTI METALS, LLC” in the US as a advisor at the recycling Site at Brownsville, Texas. It was involved in the dismantling of United States Adventure, a US Navy vessel as per the requirements of US Maritime Administration [MARAD] an agency within the US Department of Transportation. After the entrepreneurs of the "MARUTI METALS LLC" decided to close their business in US, Shri Mehta moved to India to further continue his recycling business in Alang-Sosiya, Gujarat India. Its 100% subsidiary, Best Oasis Limited, a newly formed company and a part of "Priya Blue Group" which is a "CASH BUYER" that purchases vessels on "As is Where is basis" to deliver the same for ship dismantling at Alang beach at the convenience of ship owners from developed countries. Hongkong based Best Oasis Limited is a purchaser, seller and financer of end-of-life ships.

I submit that it is a second such ship originally from USA that is outwitting Indian laws. The USA’s regulations and European Union regulations prohibit the entry of such vessels. In an Office Memorandum No.29-3/2009-HSMD, Government of India, Ministry of Environment & Forests, (HSM Division) dated 9th May, 2011, relating to implementation of Supreme Court directions in respect of ship breaking activities, the previous dead and convicted US ship, Platinum II (Ex SS Oceanic, MV Oceanic) was denied beaching permission but it remained in Indian waters without beaching. It had left US waters despite indictment by US Environment Protection Agency with the apparent connivance of MARAD. It had entered Indian waters on fake documents.

I submit that the end-of-life ship 'Oriental Nicety' was purchased in March 2012 by a US based company Global Marketing Systems (GMS), which is one of the biggest, cash buyers for dead ships. It was sold to Best Oasis Company for about $16 million. The Bill of Sale of the ship alone can reveal its true or latent value. This 301 meters long tanker is 50 meters wide, 26 meters depth, weighing 30,000 tons empty and powered by a 23.60 MW diesel engine. US based National Steel and Shipbuilding Company built this tanker for Exxon Mobil Corporation, a US multinational oil and gas corporation and a direct descendant of John D. Rockefeller's Standard Oil Company. It was built in San Diego, California in 1986.

I submit that the GMS was involved in the purchase of controversial radioactive and hazardous waste laden European ship SS Blue Lady (ex-SS Norway, SS France) and was also involved in the Blue Lady case and the dead hazardous US ship Platinum II (ex-MV Oceanic, SS Independence). Platinum II was indicted by US Environmental Protection Agency. This ship was denied beaching permission by Union Ministry of Environment & Forests but the Ministry’s intent was outwitted as the dead ship remained in Indian waters and was illegally scrapped at Gopnath anchorage point in Bhavnagar Gujarat.

In the past 23 years, the dead US vessel MV Oriental N (formerly Exxon Valdez, Oriental Nicety, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean) has been renamed several times. It has worked in at least three areas of the world since it ran aground on Bligh Reef in Alaska's Prince William Sound in March 1989. The 30,000-ton tanker ruptured eight of its 11 oil-storage tanks and spilled nearly 11 million gallons of crude oil into the ecologically rich area. Exxon Mobil spent $30 million to repair the single-hulled ship and moved it to its Mediterranean routes after the US banned the ship from Alaskan waters and a law was passed requiring double hulls on oil tankers.

I submit that the USA which is a non-party to Basel Convention appears to be testing the robustness to the regulatory regime. If a bad precedent is set by allowing this dead US ship, Indian waters will be flooded with hundreds of dead ships both of military and military origin in the aftermath of the lifting of moratorium on transfer of toxic ships to developing countries by US Government.

I submit that a letter to Parliamentary Standing Committee on Transport, Tourism & Culture informing it about a letter of Shri Rajgopal Sharma, Advisor, Indian Embassy, Brussels dated December 20, 2011 wherein it has been revealed that most of the dead and hazardous ships that are currently at Alang beach are in illegal traffic. The letter was based on Shri Sharma’s conversation with Shri Julio Garcia Burgues, Head of the Waste Management Unit, European Commission – DG Environment. The letter reveals that even EU is trying to transfer its dead ships to India.

In view of the above facts, there is a compelling logic for CCS to intervene earnestly to set matters right before it is too late.

Thanking You

Yours faithfully
Gopal Krishna,
ToxicsWatch Alliance (TWA)
New Delhi
Mb:-08002263335, 09818089660
Phone: +91-11-26517814, Fax: +91-11-26517814
E-mail:krishna1715@gmail.com
Web: toxicswatch.blogspot.com

Cc
Members of Cabinet Committee on Security, Government of India
Chairman, Parliamentary Standing Committee on Transport, Tourism & Culture
Chairman, National Advisory Council, Government of India
Secretary, Union Ministry of Home Affairs
Secretary, Union Ministry of Finance
Secretary, Union Ministry of External Affairs
Secretary, Union Ministry of Defence
Secretary, Union Ministry of Environment & Forests
Secretary, Union Ministry of Shipping
Secretary, Union Ministry of Steel
Secretary, Union Ministry of Law & Justice
Secretary, Union Ministry of Commerce & Industry
Chief Secretary, Government of Gujarat