MediaVigil, Journal of Global Communications and Justice

Supreme Court is yet to hear the matter regarding Riky ship although it preceded the Blue Lady case that was decided with its orders of 6th and 11th September, 2007. Like Riky , first a ship with dubious credentials leaves the shores of Germany. Then a in spite of manifest act of fraudulent misrepresentations month later, Indian Supreme Court allowed it to anchor even in the absence of legal grounds at Alang, Gujarat's massive shipbreaking yard, on humanitarian considerations. Unlike Clemenceau, this ship named Blue Lady(SS Norway, SS France)sailed through the law to live in the infamous company of Kong Frederik IX" alias "Frederik" alias "Riky" that sailed under the flag of an unknown country named Roxa. Blue Lady is unusual for the price at which it was bought at one stage. The price of this 16 floor and 315 meter long ship is 10 dollars. GIVEN BELOW IS A SHORT NOTE BY SANJAY PARIKH, ADVOCATE FOR THE PETITIONER ON THE GENERAL RECOMMENDATIONS OF TEC...

Villagers near Alang ship breaking yard say dismantling of the contaminated ship poses grave danger to their health, livelihood; they will reapproach SC, which had given the go-ahead for it Posted On Friday, September 28, 2007 PTI Bhavnagar (Gujarat): More than 30,000 villagers in this district in Gujarat are up in arms against the Supreme Court order allowing dismantling of the contaminated Norwegian ship Blue Lady. The apex court in its recent order had cleared the decks for breaking the controversial ship anchored on the state coast since 2005. However, this has not gone down well with the villagers who alleged that its dismantling in the vicinity of their villages would adversely affect their livelihood and health.Bhagvatsinh Haubha Gohil, sarpanch of Sosiya in Talaja tehsil, said an application was filed in the Supreme Court in March this year on behalf of 12 sarpanchs and 30,000 people living in the vicinity of the ship-breaking yard at Alang. “We are upset that our plea on...

Even before the verdict of the Supreme Court of India in the matter of this heavily contaminated ship named Blue Lady (SS Norway, SS France) was pronounced, the European precedent of upholding the environment and occupational health rights set by the recall of the French ship, Le Clemenceau was dismantled by the deafening silence of Germany and Malaysia even as several international environmental and labour laws were intentionally mutilated and violated in full public view with impunity. It all began with a Boiler Explosion on toxics laden ship named SS Norway, owned by multinational company Norwegian Cruise Lines (NCL) of Star Cruise Ltd at Miami, US in 2003 that made it a dead ship. Thereafter it came to German port of Bremerhaven. It may be noted that the owner of the ship was indicted of Environmental Crime by US Justice Department. Newly discovered evidence confirm that as far back as 2004, the owners of the SS Norway had decided to dispose of the vessel but it misled German autho...

People's Tribunal on World Bank takes note of Asbestos Hazards New Delhi, 25/9/2007: On the final day of Independent Peoples Tribunal (IPT) on the World Bank Group (WBG), it was presented with evidence of Bank’s own officials suggesting how it finances huge infrastructure projects all over the world including India despite this there is no formal restrictions on the use of asbestos-cement (A-C) sheets and pipes in these projects. Over 90 percent of all asbestos used today is in A-C sheets and pipes, and this production is concentrated in poor countries. Ban Asbestos Network of India (BANI) called for urgent action in India and elsewhere to end the needless slaughter caused by this environmental and occupational health catastrophe. The IPT heard the testimonies on Toxics and the role of WBG wherein it was alleged, 'The Bank is perpetrating toxic colonialism by funding discredited and polluting technology interventions'. The 4-day IPT was held from 21 –24 September at Jawahar...

Asbestos, PCB & Lead laden Blue Lady is Reversible even after beaching New Delhi: By order dated 11/9/2007 a Division Bench of the Hon’ble Supreme Court of India (comprising Dr Justice Arijit Pasayat and Hon’ble Mr Justice S H Kapadia) granted permission for the dismantling of the ship Blue Lady at Alang, Gujarat based on the submission by Gopal Subramaniam, Additional Solicitor General to the effect that the ship does not have any more radioactive material and beaching is irreversible. Contrary to the recommendations of the Technical Experts Committee, Gujarat Pollution Control Board, Gujarat Enviro Protection and Infrastructure Ltd (GEPIL) and the Priya Blue Shipping Pvt Ltd, the petitioner pointed out to the Court that the ship contained radioactive substances at thousands of places. But in the order passed by the Hon’ble Supreme Court it is merely stated, “There was also an apprehension rightly expressed by the petitioner regarding radioactive material on board the vessel Blue ...

Press Invite Attention: News Editor / Chief Reporter The Indian Platform on Ship-breaking -a coalition of Geenpeace, Ban Asbestos Network of India (BANI), Corporate Accountability Desk, Basel Action Network and other human, labour and environment rights organizations invites you to a press conference on 20th September, 2007 at Asia Foreign Correspondents Cub. The conference would be on the issue of environmental and occupational health in Ship-breaking yard in Alang, Bhavnagar Gujarat in the wake of the Supreme Court order on Hazardous Wastes/ Ship-breaking/Blue Lady (SS Norway, SS France). Date: 20 September, 2007 Time: 1 PM Venue: Asia Foreign Correspondents Cub AB-19, Mathura Road [Opposite Pragati Maidan Gate No.7] New Delhi-110 001 RSVP: Mb: 9818089660 E-mail-krishnagreen@gmail.com

The concept of "balance" under the principle of proportionality applicable in the case of sustainable development is lucidly explained by Pasayat, J. in the judgment of this Court in the case of T.N. Godavarman Thirumalpad v. Union of India and Ors. reported in (2002) 10 SCC 606 vide para 35 which reads as under: "35. It cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is necessary to adjust the interest of the people as well as the necessity to maintain the environment. A balance has to be struck between the two interests. Where the commercial venture or enterprise would bring in results which are far more useful for the people, difficulty of a small number of people has to be bypassed. The comparative hardships have to be balanced and the convenience and benefit to a larger section of the people has to get primacy over comparatively lesser ...

The continuing use of asbestos is a cause of great concern. Its extensive use in the past has lead to a world epidemic of asbestos-related diseases today. According to an ILO estimate, 100,000 persons die every year from incurable asbestos-related diseases and many more will develop them in the future because of past exposure to Asbestos. The ILO is using all its available means of action to prevent health risks posed by harmful exposures to asbestos through wide international co-operation and effective tripartite actions at national and enterprise levels aiming at the elimination of asbestos-related diseases. Among them, the promotion of the ratification and application of ILO’s Conventions on occupational cancer (No. 139), working environment (No. 148), safety in the use of asbestos (No.162), and safety in the use of chemicals at work (No.170) are specifically targeted. These four ILO international instruments have obtained a total of 119 ratifications by ILO member States. They prov...

Resolution Concerning Asbestos (adopted by the 95th Session of the International Labour Conference, June 2006) The General Conference of the International Labour Organization, Considering that all forms of asbestos, including chrysotile, are classified as known human carcinogens by the International Agency for Research on Cancer, a classification restated by the International Programme on Chemical Safety (a joint Programme of the International Labour Organization, the World Health Organization and the United Nations Environment Programme), Alarmed that an estimated 100,000 workers die every year from diseases caused by exposure to asbestos, Deeply concerned that workers continue to face serious risks from asbestos exposure, particularly in asbestos removal, demolition, building maintenance, ship-breaking and waste handling activities, Noting that it has taken three decades of efforts and the emergence of suitable alternatives for a comprehensive ban on the manufacturing and use of asbe...

Asbestos is deadly serious! Prevent exposure ! Asbestos campaign 2006 Introduction Flyer News item Dresden declaration against Asbestos ILO resolution (June 2006) Program table of the Member State Asbestos guide (in 20 different languages): Annex A to the guide (multilingual document) Asbestos guide for target groups: for employers : for employees : for inspectors : Legal base Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work, (second individual Directive within the meaning of Article 8 of Council Directive 80/1107/EEC ) References: Official Journal n° L 263 of 24.09.1983 p. 25. Objectives The aim of this Directive is the protection of workers against risks to their health, including the prevention of such risks, arising or likely to arise from exposure to asbestos at work. It lays down limit values and other specific requirements. Contents The direct...