Skip to main content

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

By A 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

Kutch water crisis deepens: Bhuj lost 54 of its 82 lakes; pastoralists migrate first time since 2018

By Rajiv Shah   A comprehensive new report by Homes In The City (HIC), a Bhuj-based civil society programme, has revealed that despite late monsoon rains easing Kutch's immediate drought conditions, the region faces a deepening water security crisis — with Bhuj having lost more than half of its historic lakes and pastoral communities forced to migrate for the first time since 2018.

From a cowshed to a home: How Mangaltai's Palawi gives HIV-positive children a second life

By Dr A.V. Yadappanavar *  In a small village called Takli, not far from the temple town of Pandharpur in Maharashtra, there is a home where children who were once abandoned because of their HIV status now find food, medicine, education, and something even rarer — love without fear. The home is called Palawi, and it was founded in 2001 by Mangal Shah, affectionately known as Mangaltai, a social worker who could not look away from children rejected by their own families.

Tribal rights under siege: Roundtable Seeks strong legal defence of land, jobs and PESA

By A Representative  Tribal rights activists, legal experts, tribal leaders, former officials and civil society representatives from Andhra Pradesh and Telangana have called  for urgent action on tribal land rights, employment and PESA safeguards. They were participating in  roundtable on Constitutional Safeguards for Scheduled Tribes in the Telugu States at the Centre for Economic and Social Studies (CESS), Hyderabad. Former Governor Ch. Vidyasagar Rao chaired the deliberations.