People of Plachimada in Palakkad district of Kerala have begun a satyagraha on August 15, the day we completed 75 years of independence, to press for their just demands. They are asking for the implementation of a tribunal to realise financial compensation from Coca-Cola. They also want the LDF government to honour its promise of paying compensation in its 2016 election manifesto.
What these people have achieved, albeit partially, is unique; it is the only instance where the fundamental rights of the people granted by our Constitution have been honoured by politicians and a bench of the Kerala High Court.
Their dispute with Coca-Cola related to its bottling plant drawing 20 lakh litres of groundwater per day. The charge was that the alleged over-drawing depleted groundwater levels causing wells to dry, creating water scarcity and adversely impacting agricultural output and livelihood. The casual disposal of sludge caused health problems for the locals.
The people of Plachimada demanded that the government must assess their losses. The resultant scientific inquiry estimated them at `216 crore. Based on this evidence and in response to the groundswell of people’s protest, the panchayat revoked the company’s license, arguing that as a locally elected government, it had the duty to protect the wellbeing of its citizens and the right to rescind permission for anything that adversely affected them.
The company went to court arguing that the panchayat was subordinate to the state government, which had granted it the license. In 2003, a single-member bench of the High Court of Kerala rejected the company’s argument, affirming that people at the grassroots have the authority to decide on the course of development in their own locality.
Regretfully, this very proper decision was later set aside by the High Court’s Division Bench. This was no surprise as the courts have never held polluting industries accountable for their actions and duly penalised them, nor have they upheld people’s fundamental rights to protect their natural resources.
But the vigour with which the people of Plachimada continued to insist on their rights under the leadership of a remarkable Adivasi lady, Mayilamma, and the nationwide and international support that the movement attracted, prompted the Kerala Legislative Assembly to pass legislation in 2010 to set up a special tribunal to realise compensation from Coca-Cola.
But no tribunal has been set up, and the people’s perseverance prompted the LDF to assure in its manifesto in 2016 that justice would be done to the people of Plachimada.
Although they have failed to receive any compensation for their grievous losses, they succeeded in shutting down the Coca-Cola plant in 2004 and preventing further environmental degradation by successfully asserting their rights to protect their own groundwater.
As we complete 75 years of independence, I am immensely proud that despite a few blips here and there, we remain a vibrant democracy. This is in good part a gift of our remarkable Constitution. Its Preamble declares: “We, the people of India, having solemnly resolved to constitute India into a sovereign socialist secular democratic republic and to secure to all its citizens: justice, liberty, equality and fraternity, do hereby adopt, enact and give to ourselves this constitution.”
Thus, the people of India are sovereign rulers of the country. The first general elections after we adopted this Constitution were held in 1952. Many idealistic freedom fighters were still active in politics, and I vividly recall some of the speeches I heard during the election campaign as a 10-year-old. One of the Lok Sabha candidates talked about the people’s constitutional rights. He said that your elected representatives are your agents and must not be allowed to rule over you against your wishes. So, we, the people of India, will collectively rule the country, and each of you will have the right to participate in all appropriate decisions.
This has not been allowed to happen, and we must now turn a new leaf and strive to empower people to exercise their due share as rulers of India, as the people of Plachimada have been demanding. This is needed to lift India out of the pits in which the global Environmental Performance (EPI) and Happiness indices indicate that it has fallen. We were always close to but now are right at the rock bottom of 180 out of 180 in EPI.
We have also been close to the bottom in the Happiness index, but countries like Afghanistan have kept us a little away from it. Our poor record in managing air and water pollution has taken us so low in EPI. Such rampant pollution goes on because its costs are imposed on the weak and the poor, as was vividly brought out in the case of the Grasim factory’s pollution of Chaliyar.
Notably, mercury pollution was a significant element in the Chaliyar case, as it had been in the case of Minamata Bay in Japan. Consequently, Japan passed very stringent laws against the pollution that were properly implemented in that law-abiding country. This led to their automobile industry substantially reducing vehicle emissions. Simultaneously, it also resulted in much greater efficiency of fuel use. Japan was, therefore, manufacturing the world’s most fuel-efficient automobiles when oil prices rose by 300% during the oil shock of 1973.
As a result, Japanese cars managed to capture a significant share of the world’s automobile market, contributing significantly to Japan’s economic growth. Thus, taking good care of the environment does not hurt any country but actually helps its economic growth. We should indeed emulate Japan, for today we indulge in iniquitous growth promoting social disharmony. We must now move towards equitable growth alongside social harmony by empowering our people as the Constitution demands.
Madhav Gadgil
Ecologist, academic and author