Skip to main content

NHRC order: Dilemma on environmental hearing of top Gujarat refinery unit


By Our Representative

Does the National Human Rights Commission (NHRC) appear not too keen to ensure postponement of the proposed environmental public hearings (EPH) of Gujarat’s top petroleum refinery, owned by Nayara Energy (formerly Essar-owned), seeking its unit’s expansion in two of Gujarat districts, Jamnagar and Devbhumi Dwarka? 
It would seem so if its latest "order" to authorities in reaction to Gujarat’s environmental NGO Paryavaran Mitra's complaint to NHRC on July 14 about on the need to postpone EPH is any indication. NGO had wanted the Gujarat Pollution Control Board (GPCB) to postpone EPH in view of the Covid-19 crisis. First scheduled for July 28-29, but was later postponed to August 28-29.
In its "order" dated August 24 to Gujarat chief secretary Anil Mukim, NHRC has sought “necessary action” against concerned officers for the decision of GPCB to hold EPH. Ironically, the "order" says, Mukim could take “necessary action within eight weeks” – several weeks after EPH is scheduled! 
When contacted, Paryavaran Mitra director Mahesh Pandya, aghast by the NHRC reply, regretted, this suggests EPH would be held as scheduled, despite the Covid-19 threat. “We have urgently emailed to NHRC citing this discrepancy, asking it to tell Gujarat authorities to order cancellation of EPH”, he told Counterview, adding, “We have also asked the collectors of the two districts and the chief secretary to cancel EPH in view of the pandemic.”
Sources in the know of things say, the way NHRC has been functioning lately suggests it is unlikely respond to the latest email so quickly seeking urgent order to postpone EPH for August 28-29. “Despite the pandemic, EPH for different industrial units in Gujarat -- in Morbi, Padra and Jamnagar -- have been held, with officialdom caring little whether such these would lead to the spread of infection”, Pandya said.
In his complaint to NHRC chairperson Justice HL Dattu, Pandya had said that the Nayara Energy, is already operating a 20 MMTPA refinery complex at Vadinar, Devbhumi Dwarka, Gujarat, and has a strong retail network of about 4,900 fuel stations catering to different parts of the country, with plans to expand the network with about 2600 more retail stations.
Nayara refinery
“The proposed petroleum refinery expansion project will affect many villages, impacting the lives and livelihood of thousands of villagers (poor and marginalised) and will have adverse effect on human rights and environmental consequences”, the complaint said, listing villages which are likely to be affected.
These are Zankhar, Mithoi, Rasangpar, Khatiya Beraja, Lakhiya Nana, Lakhiya Mota, Rangpar, Meghpar, Jogvad, Singach, Modpar, Padana, Gagva, and Moti Khavdi, all in Jamnagar district; and Timbdi, KathiDevaliya, Kajurda, Sumra Taradhari, Nana Mandha, Nana Ambla, Mota Ambla, Vadinar, Bharana, Vadaliya Sinhan and Sakhpar in Devbhumi Dwarka district.
The complaint said, EPH would be a violation of the “ban/restrictions” that have been imposed by the Government of India and the Gujarat government in view of the pandemic situation, citing relevant notifications, stating, public gathers have been “restricted”, and EPH for such a big company as Nayara Energy would attract hundreds of people.
Calling the proposed EPH of Nayara Energy a violation of the right to life and right to health, the complaint underlined, “Public hearings are an essential features of human rights participation. The right to information and community participation for the protection of the environment and human health is based upon Article 21 of the Constitution of India, i.e. the basic human right to life.”
“The concern and fear of contracting Covid-19 at a public hearing will negate the term and purpose of public hearing thereby violating the human right to life under Article 21 of the Constitution of India”, Pandya asserted, adding, “The Covid-19 crisis has placed a spotlight on the crucial role that protecting and promoting human rights (that includes environmental protection) is part of the urgent crisis response.”

Comments

TRENDING

'Enough evidence' in Indian tradition to support legal basis for same-sex marriage

By Iyce Malhotra, Joseph Mathai, Sandeep Chachra*  The ongoing hearing in the Supreme Court on same-sex marriage provides space for much-needed conversations on issues that have hitherto remained “invisible” or engaged with patriarchal locker room humour. We must recognize that people with diverse sexualities and complex gender identities have faced discrimination, stigma and decades of oppression. Their issues have mainly remained buried in dominant social discourse, and many view them with deep insecurities.

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.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Victim of communal violence, Christians in Manipur want Church leadership to speak up

By Fr Cedric Prakash SJ*  The first eleven days of May 2023 have, in many ways, been a defining period of Indian history! Plenty has happened in a rapid-fire stream of events. Ironically, each one of them are indicators of how crimes and the criminalisation of society has become the ‘new norm’; these include, the May Day rallies with a focus on the four labour codes which are patently against the rights of workers; the U S Commission on International Religious Freedom (USCIRF) released its Annual Report on 1 May stating that conditions for religious freedom in India “continued to worsen in 2022”; the continued protest by the Indian women wrestlers at Jantar Mantar for the expulsion of the chief of the Indian Wrestlers Federation on very serious allegations; the Elections in Karnataka on 10 May (with communalism and corruption as the mainstay); the release of the fake, derogative and insensitive film ‘The Kerala Story’; the release of World Free Press Index on 3 May which places India

Delhi HC rules in favour of retired Air Force officer 'overcharged' for Covid treatment

By Rosamma Thomas*  In a decision of May 22, 2023, the Delhi High Court ruled in favour of petitioner Group Captain Suresh Khanna who was under treatment at CK Birla Hospital, Gurugram, between April 28 and May 5, 2021, for a period of eight days, for Covid-19 pneumonia. The petitioner had to pay Rs 3,55,286 as treatment costs, but the Ex-Servicemen Contributory Health Scheme (ECHS) only reimbursed him for Rs 1,83,748, on the basis of government-approved rates. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam*  The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

India joining US sponsored trade pillar to hurt Indian farmers, 'promote' GM seeds, food

Counterview Desk  As many as 32 civil society organisations (CSOs), in a letter to Union Commerce Minister Piyush Goyal on the Indo-Pacific Economic Framework (IPEF) and India joining the trade pillar, have said that its provisions will allow the US to ensure a more favourable regulatory regime “for enhancing its exports of genetically modified (GM) seeds and GM food”, underlining, it will “significantly hurt the livelihoods of Indian farmers.”

Savarkar 'opposed' Bhagat Singh's, Netaji's dream of India, supported British war efforts

By Shamsul Islam* In a shocking development, the student wing of the RSS put the busts of martyrs Bhagat Singh and Subhash Chandra Bose with Savarkar's on one pedestal at the University of Delhi late in the night on August 20, 2019. Bhagat Singh sacrificed his life for a socialist-democratic-secular republic and Netaji raised Azad Hind Fauj (INA) consisting of people of all religions and regions for armed liberation of India.

Undermining law, breastfeeding? Businesses 'using' celebrities to promote baby food

By Rajiv Shah  A report prepared by the top child welfare NGO, Breastfeeding Promotion Network of India (BPNI), has identified as many as 15 offenders allegedly violating the Indian baby food law, the Infant Milk Substitutes Feeding Bottles, and Infant Foods (Regulation of Production, Supply and Distribution) Act 1992, and Amendment Act 2003 (IMS Act), stating, compliance with the law “seems to be dwindling by the day.”