Skip to main content

US Supreme Court lifts immunity on hearing World Bank group, accused of ignoring "violations" by Gujarat power plant

By Our Representative
In what is being interpreted by Gujarat's fisherfolk organization, Machimar Adhikar Sangharsh Sangathan (MASS), as it's major victory, the US Supreme Court has decided to hear a case, setting aside the plea of immunity by the World Bank group, which has funded a major ultra-mega power plant in Kutch district. According to knowledgeable sources, this will be for the first time the US Supreme Court will address the scope of international organisations’ immunity.
Dr Bharat Patel, general secretary, MASS, said, the affected communities by the Tata Mundra Ultra Mega Power Project "welcome the historic decision", adding, “This is a victory of our relentless struggle to bring to justice the crimes committed by the Tata against the fishing community. The IFC aided the process by turning a blind eye to it.” MASS is one of the petioners in the case, Budha Jam vs World Bank group's International Finance Corporation (IFC).
“International organizations like the IFC are not above the law and must be held accountable when their projects harm communities. The notion of ‘absolute immunity’ is inconsistent with Supreme Court precedent, and it is contrary to the IFC’s own mission as an anti-poverty institution. We are glad the Supreme Court has agreed to hear this case and hope it will correct this error,” said Richard Herz, senior litigation attorney at EarthRights International (ERI).
Budha Jam, the main petitioner, said, "This decision on this case will be keenly awaited by not only by us but by the communities from across the world which are fighting the crimes of the international financial institutions in the name of promoting development. I am hopeful that the US Supreme Court will not let us down.”
International organisations like the IFC have long claimed they are entitled to “absolute” immunity from suit – an immunity far greater than any person, government, or entity enjoys – "no matter how illegal their actions are or how much harm they cause", to quote MASS.
"It is time to start holding international financial institutions accountable. In this time and age when the human rights and accountability discourse has travelled far and wide, hiding behind the immunity clause is contrary to the "right to seeking justice" and "rights to remedy' of the communities,” insisted Dr Patel.
Last year, the US Court of Appeals for the DC Circuit ruled that IFC had “absolute immunity” and could not be sued for its role in the Tata Mundra coal-fired power plant that has allegedly devastated communities in Gujarat. Dr Patel regretted, this happened despite the fact that the DC Circuit recognised the “dismal” situation the plant has created for the complainants, including the destruction of their livelihoods and property and the serious threats to their health.
It allegedly also noted that the IFC had not denied those harms. Yet, the court said the IFC could not be sued based on prior DC Circuit decisions. However, one of the judges expressed strong disagreement with IFC immunity and noted that another federal court had rejected the prior DC Circuit immunity cases, which she thought were “wrongly decided.”

Comments

TRENDING

India under Modi among top 10 autocratizing nations, on verge of 'losing' democracy status

By Rajiv Shah
A new report, prepared by a top Swedish institute studying liberal democracy, has observed that there has been a sharp “dive in press freedom along with increasing repression of civil society in India associated with the current Hindu-nationalist regime of Prime Minister Narendra Modi.” The report places India among the top 10 countries that “have autocratized the most”. Other countries that have been identified for rolling towards autocracy are -- Hungary, Turkey, Poland, Serbia, Brazil, Mali, Thailand, Nicaragua and Zambia.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam*
RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

RSS supremo Deoras 'supported' Emergency, but Indira, Sanjay Gandhi 'didn't respond'

By Shamsul Islam*
National Emergency was imposed on the country by then Prime Minister Indira Gandhi on June 25-26, 1975, and it lasted for 19 months. This period is considered as ''dark times' for Indian democratic polity. Indira Gandhi claimed that due to Jaiprakash Narayan's call to the armed forces to disobey the 'illegal' orders of Congress rulers had created a situation of anarchy and there was danger to the existence of Indian Republic so there was no alternative but to impose Emergency under article 352 of the Constitution.

Letter to friends, mentors: Coming together of class, communal, corona viruses 'scary'

By Prof (Dr) Mansee Bal Bhargava*
COVID greetings from Ahmedabad to dear mentors and friends from around the world…
I hope you are keeping well and taking care of yourself besides caring for the people around you. I’m writing to learn how is the science and the society coping with the prevention and cure of the pandemic. I’m also writing to share the state of the corona virus that is further complicated with the long-standing class and communal viruses.

Clean chit to British rulers, Muslim League? Karnataka to have Veer Savarkar flyovers

By Shamsul Islam*
The BJP government of Karnataka led by BS Yediyurappa is going to honour Hindutva icon VD Savarkar by naming two of the newly built major flyovers in Bangalore and Mangalore after him. There was a huge uproar against this decision of the RSS-BJP government as many pro-Kannada organisations with opposition parties and liberal-secular organizations questioned the logic to ignore so many freedom fighters, social reformers and others from within the state.

Hurried nod to Western Ghat projects: 16 lakh Goans' water security 'jeopardised'

Counterview Desk
Taking strong exception to "virtual clearances" to eco-sensitive projects in the Western Ghats, the National Alliance of People’s Movements (NAPM) in a statement has said urged for a review of the four-lane highway, 400 KV transmission line and double tracking of the railway line through the Bhagwan Mahavir Wildlife Sanctuary and Mollem National Park in Goa.

Disturbing signal? Reliance 'shifting focus' away from Indian petrochemical sector

By NS Venkataraman*
Reliance Industries Ltd (RIL), a large Indian company, has expanded and grown in a spectacular manner during the last few decades, like of which no industrial group in India has performed before. RIL is now involved in multi various activities relating to petroleum refineries, petrochemicals, oil and gas exploration, coal bed methane, life sciences, retail business, communication network, (Jio platform) media/entertainment etc.

Case for nationalising India's healthcare system amidst 'strong' private control

Counterview Desk
A draft discussion note, prepared by Dr Maya Valecha, a Gujarat-based gynecologist and activist, sent to the People's Union for Civil Liberties (PUCL) as also a large number of activists, academics and professionals as an email alert, is all set to create a flutter among policy experts for its strong insistence on nationalizing India’s healthcare system.

Oxfam on WB project: ICT 'ineffective', privatised learning to worsen gender divide

By Rajiv Shah 
A top multinational NGO, with presence in several developed and developing countries, has taken strong exception to the World Bank part-funding Strengthening Teaching-Learning and Results for States (STARS) project in six Indian states – Himachal Pradesh, Kerala, Rajasthan, Madhya Pradesh, Maharashtra and Odisha – for its emphasis on information and communication technology (ICT)-enabled approaches for teacher development, student assessment and digital platform for early childhood education.