Call for Act to shut Sterlite receives mixed response

Legal experts, however, say this is not the right time to seek a special legislation as the case regarding the same is pending before the Supreme Court.
A group of activists, headed by advocate Hariraghavan, submitting petition to Thanthai Periyar statue | Express
A group of activists, headed by advocate Hariraghavan, submitting petition to Thanthai Periyar statue | Express

THOOTHUKUDI: Expressing discontent on the DMK government’s silence on enacting a special Act to shut down Sterlite copper plant here, a section of anti-Sterlite activists, led by advocate Hariraghavan, submitted their petitions at the statue of Thanthai Periyar.Legal experts, however, say this is not the right time to seek a special legislation as the case regarding the same is pending before the Supreme Court.

The private copper smelter was closed permanently on May 28, 2018, after the State police killed 13 civilians during the agitation against the copper smelter. Subsequently, the Madras High Court ordered the closure of the plant on August 18, 2020. Vedanta then challenged this order and an appeal is pending before the Supreme Court now.

Anti-Sterlite activists spearheaded a statewide tour to meet all the political party leaders so as to mount pressure on the DMK-led state government to enact a special Act. A video clip of Chief Minister MK Stalin assuring to close the plant during the election campaign in 2019 Lok Sabha polls and 2021 Assembly polls was circulated on social media. It may be noted that the sitting DMK MLA and Minister Geetha Jeevan managed to defeat the AIADMK candidate by a margin of 50,000 votes, by harvesting the anti-Sterlite votes.

People’s Right Protection Centre (PRPC) district coordinator advocate Hariraghavan said that the ruling DMK party promised to close the copper smelter with a special Act when they were in opposition. But after coming to power they were silent on it, he said.While activist V Gunaselan of the Aam Aadmi Party suspected the DMK stepped back on its poll promises, activist Krishnamurthy said the DMK government had made numerous announcements concerning the welfare of the people  in the State but sidelined the Sterlite issue.

Speaking to TNIE, Henri Tiphagne, Executive Director of People’s Watch and a legal expert, said the State government would not enact a legislation since Vedanta, Sterlite’s parent firm, had challenged the Madras High Court order.

Concurring with the views, advocate Athisayakumar said the special Act was not viable legally. “There is no precedent for closing polluting plants such as these through a special Act,” he said. Retired professor and activist Fatima Babu, who did not join the protests for the Special Act, said there is no legal clarity on a special Act even though the Chief Minister made a poll promise then. Based on the outcome of the Supreme Court order, the need for a special Act could be discussed, she said.Attempts to contact Social Welfare and Women Empowerment Minister Geetha Jeevan, who represents the Thoothukudi constituency, was futile.

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