Does law and enforcement have any meaning in our country? This question has cropped up over the last few days after Karnataka State Pollution Control Board (KSPCB) sealed the studios where Bigg Boss Kannada was being filmed for violations of the Water Act, but it was reopened a day later through political intervention.
After issuing three notices last year to Vels Studios and Entertainment Pvt Ltd (VSEPL), giving ample time to deal with its violations of water act and the waste management rules, the Karnataka State Pollution Control Board (KSPCB) on October 7 finally sealed VSEPL’s Jollywood Studio and Adventure in Bidadi Industrial Town, Bidadi Hobli, Ramanagara.
KSPCB issued a closure order dated October 6 to VSEPL for its non-compliance with provisions of the Water (Prevention & Control of Pollution) Act, 1974. The board exercised its powers conferred under Section 33 of the act, read with Rule 34 of Karnataka State Board for the Prevention and Control of Water Pollution (Procedures for Transaction of Business) and the Water (Prevention & Control of pollution) Rules, 1976, to close down Jollywood Studio “forthwith and until further orders”.
But just a day later, Deputy Chief Minister, DK Shivakumar, who is also President, Karnataka Pradesh Congress Committee (KPCC) and Bengaluru Development Minister, ordered the premises to be opened, posting on ‘X’, “I have directed the Deputy Commissioner of Bengaluru South District to lift the seal on Jollywood premises in Bidadi, where Bigg Boss Kannada is being filmed. While environmental compliance remains a top priority, the studio will be given time to address violations in accordance with the norms set by the KSPCB. I remain committed to supporting the Kannada entertainment industry, while also upholding our responsibility toward environmental protection (sic).”
He also spoke to the media, saying, “I’ve told the DC to give them (Jolly Wood Studios) an opportunity… It is not a big factory, but a small unit. I have told them to abide by the KSPCB norms. There are many challenges…our industry needs to grow…” The premises have since been opened, and Big Boss Kannada resumed its filming there after bringing back all the participants who had been moved to a resort close by after KSPCB’s closure order.
The popular reality show is not in the wrong as it is merely using the venue for its filming. But the closure disrupted the proceedings, with implications on advertising. Considering the quick resumption, Big Boss Kannada host and popular Kannada cine star Kiccha Sudeep, even thanked Shivakumar for his intervention that helped the show resume.
The DyCM may have meant well for the Kannada entertainment industry while ordering it reopened. But it sends a wrong message, while undermining the authority of the board. The KSPCB has regulatory powers to prevent and control air and water pollution, including setting environmental standards, monitoring industries, mandating permits like Consent for Establishment (CFE) and Consent for Operation (CFO), enforcing compliance through inspections and penalties, and managing waste like hazardous, biomedical, plastic, and e-waste.
The KSPCB has the authority to inspect the violators’ premises, issue environmental clearances to them, and act against them for violating the relevant acts, including the Water Act, Air Act, and Environment (Protection) Act.
Accordingly, the closure order was implemented as KSPCB inspections had found that VSEPL’s Jollywood Studios was operating without the board’s prior consent; discharging waste water outside the premises without treatment, polluting the surrounding environment; had not got their 250 KLD sewage treatment plant (STP) commissioned; and was disposing solid waste generated near the STP area without proper segregation.
KSPCB was well within its duty-bound rights to do what it did, but ended up being undermined and its authority compromised.
The fear lies in an example being set over letting one off the hook without following the due processes necessitated by the KSPCB. Won’t this encourage others also to expect leniency and political intervention to get them off the hook? Will this not spur them on to duck laws and rules that are meant to guarantee a clean and healthy environment in the state? What then can be imagined to be the fate of the state when there is widespread discharge of untreated sewage, degradation of water bodies, contamination of groundwater, unregulated industrial discharge, and poor solid waste management, even as the regulatory board’s authority is compromised?
That apart, this may well go down in the public mind as an example of enforcement being superseded by power despite the duty being discharged in accordance with the laws.
Nirad Mudur, Deputy Resident Editor, Karnataka niradgmudur@newindianexpress.com
