Sunday, 23 November 2014

Bitter Bites: the Simbhaoli Sugars Verdict



Can we simply wash our hands of?

Simbhaoli Sugars is one of our oldest, biggest and renowned sugar manufacturers. They sell sugar with brand name “Trust”. Just days before Dhanteras we got an unpleasant report – Simbhaoli fined Rs 5 crores by National Green Tribunal for polluting the Ganges. Rs 5 crores is not a large sum for Simbhaoli. Last week, in most markets sugar was near Rs3000/ton. So, 17,000 tons of sugar will do. Or by 2-3 average days’ sales proceed the Simbhaoli Sugars group can gather that money.

As Dussehra proverbs go, we could say “Evil shall not prevail”, “Anyay ka ant nyay ka uday” is accomplished, “the guilty is punished”, and there ends the story. But can we simply wash our hands of the matter? We cannot, because, many of us are connected with the whole affair somehow, directly or indirectly.   
 The court proceedings reminded us of a 2010 account written by Akash Vashishtha in Mail Today. To quote from the splendid reporting by Akash: “Black, stinking and toxic - that's the way villagers of Puth describe the Ganga's water. ... "The colour ... is black and it stinks ... Several large fish died last week. And four of our buffaloes were killed after they drank its water recently," Puth villager Raju said. ... The stretch [of the Ganges, from Bijnor to Narora] was the first to be declared a Ramsar Site in 2005, having rich species of freshwater dolphins (Ganges dolphins) and crocodiles ...”. It was July 2010 and Kirshan Kant Singh and his Social Action for Forest & Environment (SAFE) moved to the green Tribunal on 2013 with application number299. An interim order was issued on May 31 this year. What we can summarise from this is that nothing changed in between 2010 and 2014. What were governments and their PCB wings doing all this time?

In the interim order we find: “Both the Pollution Control Boards (CPCB and UPPCB) in their replies pleaded that the Respondent no 7 industry is a polluting industry and is a persistent defaulter and violated the various directions issued from time to time. But we also find the industry’s pleas: “The Respondent-7 follows all the terms and conditions of the consent order issued by the PCB for the year 2012and 2013, both for Effluent Treatment Plant (ETP) as well as Air Pollution Control Devices.” How a persistent defaulter got the consent orders whatever be “conditions” therein? Besides, do the CPCB and UPPCB have no power whatsoever to stop a ‘persistent defaulter’? How can a country that is aspiring to be a world industrial powerhouse can function with such weak and miserable environmental wings! Or do our statutory authorities like PCBs lack enforcement power? People may wonder whether the government is serious at all in monitoring, controlling and abating environmental degradation and disasters.

It begets another question: will we have to depend on PILs by some citizen activists or NGOs to defend our rights of fresh air and clean water? K K Singh and his organisation SAFE have been fighting the legal battle concerning this case and many other issue for years. ANd as this is the season for Diwali and all sorts of crackers, we may remember the sound pollution limits and orders were based on some famous judgements. If we look at those from this angle, we may ask ourselves: are we dependent on “judicial activism” for protecting us from some polluting ‘demons’? And some citizen activists and organisations like K K Singh, SAFE etc? And some IAS officers like Durga Nagpal who tried to fight valiantly against sand-mafias to save land from erosion? If the case is so, that we are to depend on some activists, top-notch officers and judges to keep us and our environment safe, is it not a misfortune for a democracy? 

What the ISO, the International Standard Organisation people might be thinking now! Simbhaoli Sugars have ISO 9001 and ISO 14001 certifications. ISO 14001 is related to Environmental Management Systems and an ISO 14001 certified company may boast of having a sound environmental practice. Surely Simbhaoli had regular internal environmental audits and also external or third party audits and invigilation. If such a company is found as a ‘persistent defaulter’ by the judges at the National Green Tribunal, then the ISO 14001 tag surely lose some shine in public eyes, isn’t it? Whom the board members of any company will rely on if not the in-house environmental department and the auditors! According to EMS, persons responsible for specified activities are all documented. What penalty did those person(s) responsible get?

The business community has yet another bitter pill. They know how their organisations, the business chambers, help new entrepreneurs, including guiding them in getting ISO accreditations. Some chambers do lot more by providing trainings and other services. A site visit report is in the public domain: FICCI -M2M Project Facilitating Mechanisms for Advancing Methane Recovery and Use Projects in India; Assistance Agreement Number: XA-83367101-0. There we see that a team commissioned by FICCI visited that Simbhaoli site on December 2009. In that report there is absolutely no talk regarding unsatisfactory operation of waste treatment units, rather we find the appreciation. If everything was okay in Dec 2009, how did Akash find an opposite picture on July 2010? Was it a sudden development? FICCI may talk with the WWF; they have a station at Narora because of their concern with endangered species like the Gangetic Dolphins. WWF, or rather the Gangetic dolphins have been facing the industrial pollution problem for a long time. It is not that the picture suddenly became murky in 2010. This is not a flimsy issue, professional integrity and reputation may be questioned.  

Lastly, for us who were relieved by this verdict: let us conjecture how we can ‘valorise’ a Gangetic Dolphin or any other creature. How we can measure the ‘loss’ if we lose this endangered species? Can everything be monetised? Secondly, those fellows (Dolphins are very intelligent and they are mammals like us, so we may call them fellows) are dwellers of the Ganges from a time much before the arrival of man. They might be called the son of the soil, or, maybe, daughters and sons of Ganga. How do we have right of polluting their home by our wastes?

Stern admonition and Rs 5 crore fine cannot settle all these discomforting questions.  

a version of this was published in Business Economics, 16 - 30 November, 2014
the author is a chemical engineer and environmentalist
 


No comments:

Post a Comment