The
Supreme Court on Friday ruled that ailing foreign ships waiting to be
dismantled in ship-breaking yards at Alang must be first washed of their toxic
materials at their place of origin before they enter the Indian waters.
In a
landmark judgment while hearing a lawsuit filed by the Research Foundation for
Science, Technology and Natural Resource Policy, the apex court asserted that
the vessels that carry wastes must be cleaned “before
entering
into Indian waters”.
Disposing
of the PIL filed in 1995, the court directed the Union government to “ban
import of all hazardous/toxic wastes which had been identified and fit under
the BASEL Convention and its different protocols”.
A
bench of Justices Altamas Kabir and J Chelameswar also directed the government
to bring the Hazardous Wastes (Management & Handling) Rules, 1989, in line
with the BASEL Convention and Articles 21, 47 and 48A of
the
Constitution.
The
petitioner’s lawyer Sanjay Parikh had drawn the court’s attention to the
authorities’ indifference to the court’s mandate and their facilitating foreign
ailing, contaminated ships carrying waste oil to enter the country.
According
to a recent application filed by the foundation, besides ‘Oriental Nicety’
there were many other ships that were lined up at the entry of the Indian
waters. It said that since the court’s 2007 directions, many ships have been
allowed entry and broken at the vessels graveyard.
One
of the mandates passed by the court was that before a ship arrives at port, she
should be armed with “proper consent” from the authority concerned or the State
Maritime Board that she is hazardous free and not carrying any radioactive
substances.
She
should be properly decontaminated by the ship owner prior to the breaking. This
should be ensured by the state pollution control boards.
Disposal
of waste material such as oil, cotton, dead cargo of inorganic material like
hydrated or solidified elements, theromocol pieces, glass wool, rubber, broken
tiles et al “should be done in a scientific manner so that 99.9 per cent
contamination is washed off away from India.
Source: Safe
Seas. 9 July 2012
No comments:
Post a Comment