Indian environmentalist files legal suit to ban hazardous waste imports

A leading environmentalist has filed legal proceedings against the Indian government and a private company for importing hazardous wastes into the country.

VANDANA Shiva, Director of the Delhi-based Research Foundation for Science Technology and Natural Resource Policy has filed a Writ Petition in the Supreme Court of India on behalf of against the government of India and a private company, Bharat Zinc (P) Ltd., Bhopal, for allowing the illegal and highly dangerous import of hazardous waste from industrialised countries into India.

The writ was filed on 18 September, the same day as the Third Conference of Parties to the Basel Convention began a 5-day meeting in Geneva.

The Petition states: 'This Writ Petition has been filed against the import of toxic wastes from industrialised countries to India despite such wastes being hazardous to the environment and life of the people. It seeks to challenge the illegal and unconstitutional decision of the Ministry of Environment & Forests permitting import of toxic wastes in India under the cover of recycling, knowing fully that the real purpose of such export by developed countries is to make India a dumping ground for toxic wastes.'

The respondent company, Bharat Zinc Ltd., has been the subject of recent controversy when it was revealed that the waste importing factory has been causing widespread toxic pollution and threatening the health of the workers and residents near its Mandideep plant, 23 km outside of Bhopal. (See page 32). The Ministry of Environment and Forests had granted clearance to Bharat Zinc to import hazardous wastes and had frequently cited the factory as an example of 'environmentally sound recycling' of hazardous waste.

In a press release announcing the institution of legal proceedings, Vandana Shiva charged that: 'Bharat Zinc imports thousands of tons of metal waste from which it reclaims zinc. However, the waste is contaminated with other toxic heavy metals, including lead and cadmium, and contains a significant amount of chlorine which has a high probability of creating extremely dangerous dioxins when heated as done in the Mandideep factory. The company's Director, Mr M M Gupta admitted that Bharat Zinc cannot reclaim any of the materials besides zinc, so the rest of the hazardous waste is emitted through the factory smokestack or simply dumped in an uncontrolled open pit behind the factory. The workers in the factory are neither informed of the dangers or provided protective clothing against skin contact or inhalation of the hazardous waste.'

Constitutional violation

The Writ Petition contends that the import of hazardous waste to Bharat Zinc violates provisions of the Environmental (Protection) Act of 1986, other environmental laws, and the following specific Articles of the Indian constitution: Articles 14 and 21 which guarantee Fundamental Rights; Article 47 which enjoins a duty on the State to raise the standard of living and to improve public health; and Article 48a which says that 'The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.'

The Research Foundation for Science Technology and Natural Resource Policy is asking the Supreme Court to grant the following reliefs:

* direct the Union of India to ban all imports of hazardous waste;

* direct amendment of rules in conformity with the Basel Convention and Articles 21, 47 and 48a of the Constitution;

* declare that without adequate protection to the workers and public and without any provision for sound environmental management of hazardous wastes, the Hazardous Wastes (Management & Handling) Rules, 1989 are violative of Fundamental Rights and, therefore, unconstitutional; and

* pass such other orders as the Court may deem fit and proper in the circumstances of the case. - TWN