Posts

Showing posts from 2007

'Blue Lady' is still facing legal tangles

Image
Note: Gujarat state elections results have been declared. The ruling Bharatiya Janata Party (BJP) has come back in power in the state. In order to defeat BJP, among other efforts, Indian National Congress (INC) party had stressed that the ship-breaking industry, which declined during the BJP rule, would be revived if it is voted to power in its manifesto. It is noteworthy that the ship breakers had threatened to vote for Congress if Blue Lady (SS Norway, SS France) was not allowed dismantling permission. Bhavnagar, wherein Alang ship-breaking yard is situated falls under one of the two assembly constituencies of Bhavnagar North and Bhavnagar South. Alang Ship Recycling Yard is located 50 km southeast of Bhavnagar. Shaktisinh H. Gohil, the Congress candidate from Bhavnagar South, defeated the BJP candidate Jitubhai Vaghani.

The Times of India reported on 17 December, 2007 that there are already 35 ships awaiting cutting permission from the government and 20 are on their way.

On November …

Waste follows the path of least resistance

Image
Note: Are Hazardous Wastes and Hazardous Materials Synonymous? No, said Supreme Court and Basel Convention.
Yes, says Ministry of Environment & Forests even as its proposed Hazardous Rules make India least resistant to global waste flow. Startled by the proposed Draft Hazardous Materials (Management, Handling and Transboundary Movement) Rules, 2007 of Ministry of Environment & Forests currently headed by the Prime Minister, environment and public health researchers and activists have termed it as a gross act of linguistic corruption to satiate hazardous waste traders' naked lust for profit.

Unlike what is being attempted by the Ministry, the classification into hazardous waste is based on the system for the classification and labelling of dangerous substances and preparations, which ensures the application of similar principles over their whole life cycle. It is an effort to undo whatever good has been by the Supreme Court and its committees.
The Draft Rules (available at …

Blue Lady case remains sub judice

Image
Note: Vested interests who are working overtime to ensure that Star Cruise Limited escapes the decontamination cost of Blue Lady (SS Norway) continue to face trouble despite the exemplary efforts of some Indian officials of easy virtue. The Blue Lady case again came before the Supreme Court on 23 October, 2007. Gopal Subramaniam, the Additional Solicitor General mentioned that an application for clarification in the ship-breaking/Blue Lady matter regarding 6th September, 2007 and 11th September, 2007 has been received. In the application (that has critiqued the September 2007 order) it has also been submitted that despite the court's order specifically directing vide order dated 15.5.2007 that "Without claiming any equities, the ship breaking unit shall be permitted to remove oil from the ship under the supervision and guidance of the Gujarat Pollution Control Board and the Gujarat Maritime Board", the same has been violated in toto and in complete contempt of Court…

Blue Lady remains sub judice

Image
Note: The Blue Lady case again came before the Supreme Court on 23 October, 2007 .Gopal Subramaniam, the Additional Solicitor General mentioned that an application for clarification in the ship-breaking/Blue Lady matter regarding 6th September, 2007 and 11th September, 2007 has been received. In the application (that has critiqued the September 2007 order) it has also been submitted that despite the court's order specifically directing vide order dated 15.5.2007 that "Without claiming any equities, the ship breaking unit shall be permitted to remove oil from the ship under the supervision and guidance of the Gujarat Pollution Control Board and the Gujarat Maritime Board", the same has been violated in toto and in complete contempt of Court's directions. The said waste oil has been sold. A strict view has to be taken of such conduct waste oil being removed from the ship and sold. The court observed that the matter would be taken up on the next date hearing after f…