SC Verdict on Sterlite – Legal Sanction to Profiteering & Environmental Destruction

SterliteOn April 2nd 2013, the Supreme Court (SC) of India passed its judgment in favor of the Sterlite Industries to continue the operation of its Copper Smelting plant in Tutucorin, which the Madras High court ordered to be closed in 2010. As a compensation for the damage to the Environment which the company has done SC directed the company to Pay Rs. 100 Crores over a period of 3 months. The Judgment has come days after the Tamil Nadu Pollution Control Board (TNPCB) ordered shutdown of the plant after a gas leak on March 30, 2013 which caused suffocation, eye irritation and sore throat to the people residing in the plant’s vicinity. However the SC said that its judgment will not override the TNPCB’s decision to close the plant.

The Media reported this judgment of Rs. 100 crore fine as a slap for the Sterlite industry. But it rather seems to be a “Profitable slap”. While Sterlite has seen a 5 % increase in its stock prices, the pain of it is felt by the people of Tutucorin who have been fighting a long battle for their livelihood.

The judgment by the SC raised many questions on how to deal with the conflict of environment Vs Profit. Be it Koodankulam or Tutucorin the Judiciary has stood silently watching the peoples struggle against such blatant disregard to the environment and people’s livilihood.

Sterlite is a subsidiary of UK Based Vedanta Group. It first chose Maharashtra for establishing the Copper Smelting Plant in 1989. But after a huge protest in 1994 the Maharashtra government cancelled the agreement and the ordered all work to be stopped. Driven from there just like in the case of Koodankulam, the then Tamil Nadu government lead by J.Jayalalitha welcomed the plant and granted 428 Acres of land for the plant. The age old rhetoric of Job Creation was use to justify the establishment of the plant in Tutucorin.

The TNPCB gave clearance to the construction of the plant without even a public hearing and without getting clearance from Environmental Impact assessment. It granted permissions with 2 restrictions:

  1. The plant should be constructed 25 Kms away from the Gulf of Mannar.
  2. The plant should be surrounded by green land for a diameter of 250m.

Contrary to this restriction the plant has been constructed 14 Kms from the Gulf of Mannar.

The Anti-Sterlite movement Spear-headed the struggle by organizing hunger strikes, rallies, human chains and bandh to show their opposition to the plant. The dominant political parties did a word level solidarity to the movement. CPI-M even took a stand in support of the Sterlite plant.

On 20.3.1996 more than 500 fisherman laid siege on the Cargo Ship, M.V.Reesa which carried raw materials for the Sterlite plant as a result of which the Ship was redirected to the Kochi Port. Casteism was used to engineer a split in the mass movement. As a result Sterlite speeded up its infrastructure and transported the raw materials from Kochi via Trucks and started its production. The TNPCB granted permission for a production of 40,000 tons of copper. But the plant has been producing 1,700,000 tons of copper.

The Plant has been emitting Sulphur dioxide more than the permissible limits. The people in the nearby locality have suffered eye irritation and the new born children are affected with “Primary Complex” (TB in Children). The temperature has increased in the surrounding areas and the frequency of acid rain has also increased. Phosphogypsum a by-product of the smelting process has been piling up, which emits radiations increasing cancer to the people in the locality. Due to lack of proper processing and storage of liquid waste the groundwater has been affected.

There have been numerous accidents in the plant which has accounted for at least 13 registered deaths and 139 serious injuries of its workers between the period of 1996 and 2004 alone.

After 14 years of struggle the Madras high court ordered the closure of the plant in 2010 for which the SC has now given clearance. The fate of the Plant now lies in the hands of the Tamil Nadu government under J. Jayalalitha once again who is well known for betrayals as in the Koodankulam nuclear power plant.

Is the working class of India destined to sacrifice themselves before the altars of justice kept unreachable by the interests of Capital under the present system or are we to work towards to a new system that puts “people before profit”? Are we to deceive ourselves that issues of environmental degradation can be solved within the framework of capitalism and lay our hope on the so called “pillars of democracy”?

The need of the hour is a united struggle, not just between the various ongoing peoples struggle against the giant corporations who exploit their environment and make them unlivable, but also with the entire working class. For example the mechanism of contract labor is playing a huge role in hiding the effects the hazardous industries like the nuclear reactors have on those who work in them. The lack of proper organization of contract laborers and lack of accountability makes the tracking of health issues difficult and thereby evade the arguments against them. Contract laborers are also among the most exploited in any industry sector. A campaign to prevent such labor practices should be launched which can unite the working class against un-mindful accumulation of capital. Restricting the struggles within the geographical boundaries will only cost the struggle dear.

Various possibilities for a united struggle should also be thought of and put forward without which challenging capitalism would prove impossible.

Arun Kaliraja

May 17 Movement

1 Comment

  1. The Tuticorin life is finally goes to Our Honourable Chief Ministers hand.  hope she will save the pupils lives.

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