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

16 03 2014                                               Toxics Watch Alliance
(TWA)
Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA,
New Delhi – 110023
Date: March 13, 2014
Subject- Ongoing deaths of migrant workers on Gujarat’s Alang beach, Bhavnagar
Sir,
This is 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Regulations, 2006 is outdated and has not been inflation adjusted.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 Commission may 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,
Additional Secretary and Financial Adviser, Ministry of Steel &
Chairman, IMC on Ship Breaking 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 Commission 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 Commission’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