* ToxicsWatch Alliance (TWA)*


 To



Shri Ananth Kumar,

Union Ministry of Chemicals & Fertilizers

Member, Cabinet Committee on Economic Affairs

Government of India

New Delhi



Date: April 4, 2017



Subject- *UN’s Rotterdam Convention & **Making India free of incurable
hazardous asbestos related diseases  *

Dear Shree Kumar Jee,

With due respect ahead of the 8th Conference of the Parties (COP) of
Rotterdam Convention on the Prior Informed Consent Procedure for Certain
Hazardous Chemicals in International Trade to be held during 24 April–5 May
2017 in Geneva, this is to draw your urgent attention towards the most
recent paper titled, *Pleuroperitoneal Mesothelioma: A Rare Entity on
18F-FDG PET/CT* published in *Indian Journal of Nuclear Medicine*, authored
by researchers from Department of Nuclear Medicine, All India Institute of
Medical Sciences (AIIMS), New Delhi and Department of Radiodiagnosis, AIIMS
(2017, January-March; 32(1): 75–76 issue). This paper authored by Dr Shamim
Ahmed Shamim et al provides credible information about an asbestos related
disease of a 40-year-old-female without any history of occupational
asbestos exposure presented with histologically proven malignant pleural
mesothelioma. Malignant mesothelioma is a rare tumor that originates from
the cells lining the mesothelial surfaces, including the pleura,
peritoneum, pericardium, and tunica vaginalis. (The other co-authors of the
paper are Dr Manas Kumar Sahoo, Dr Anirban Mukherjee, Dr Girish, Dr Kumar
Parida, Dr Krishan Kant Agarwal, Dr Chandrasekhar Bal, Dr Madhavi Tripathi
and Dr Chandan Jyoti Das).  *The paper is attached.*

We are quite alarmed to note that Cabinet Committee on Economic Affairs,
Government of India does not include Ministers of Consumer Affairs, Health,
Labour, and Environment. It is hoped that despite such a structural
constraint myopic commercial considerations will not triumph over gnawing
concerns related to consumers, public health, workers, and environment.

We submit that an earlier paper titled *Pleural mesothelioma: An unusual
case diagnosed on pleural fluid cytology and immunocytochemistry* was
published in *Diagnostic Cytopathology*, Volume 37, Issue 7, pages 509–512,
July 2009. The abstract of the paper states, “Mesothelioma is a rare
neoplasm with relationship to occupational and environmental exposure to
asbestos. Its accurate and early diagnosis is often difficult. We present
an unusual clinical presentation and diagnostic dilemma in a 30-year-male,
who presented with neck pain and diffuse edema of left upper limb. The
color Doppler ultrasound revealed venous thrombosis. The right
supraclavicular lymph node biopsy revealed a poorly differentiated
carcinoma. The patient had mild bilateral pleural effusion, the
characteristic cytomorphological features of mesothelioma on fluid cytology
were helpful in establishing the diagnosis.” This paper was co-authored by
Dr V K Arora, Dr S Aggarwal, Dr S Mathur, Dr G K Rath and Dr P K Julka from
the Department of Pathology, AlIMS.

We submit that National Institute of Occupational Health (NIOH), Ahmedabad,
Gujarat recommended compensation for two workers employed in Gujarat Composites
Limited who were certified to be suffering from asbestosis. This has been
revealed in a reply given by Government of Gujarat. A letter of Chief
Inspector of Factories, Gujarat State dated December 24, 2002 in the matter
of execution of the order of Supreme Court in Writ Petition (Civil) No. 206
of 1986 categorically reveals that two workers of Gujarat Composites Ltd
were confirmed for Asbestosis, an incurable lung disease by NIOH. The
workers were (1) Shri Hazarilal Manraj and (2) Shri Sahejram B Yadav. The
letter recommended compensation of Rs 1 lakh as per the Court order but
till date the same has not been given. This and many such cases
conclusively establish the hazards from asbestos. Influence of the
asbestos industry
becomes quite obvious when Government turns a blind eye to such glaring
official facts.  This is also a clear case of contempt of court by the
asbestos based company. It may be noted that Gujarat Composite Ltd
(formerly named Digvijay Cement Company) appears to be attempting to hide
behind myriad corporate veils by changing names and by outsourcing its
work.

*The attached letter demonstrates that white chrysotile asbestos is a
hazardous substance which causes asbestos related incurable diseases.     *

We submit that these papers and the recommendation of NIOH indicates that
significant health/environment hazards resulting from the use of asbestos.

These papers are relevant to the recommendation by the UN's Chemical Review
Committee for listing in Annex III, wherein the COP has to take a final
decision on inclusion of white chrysotile asbestos in Annex III at the COP
meeting of Rotterdam Convention during April–May 2017.

We submit that the following countries have taken cognizance of the
hazardous nature of all kinds of asbestos including white chrysotile
asbestos:  1) Algeria, 2) Argentina, 3) Australia, 4) Austria, 5) Bahrain,
6) Belgium, 7) Brunei, 8) Bulgaria,  9) Chile, 10) Croatia, 11) Cyprus, 12)
Czech Republic, 13) Denmark, 14) Egypt, 15) Estonia, 16) Finland, 17)
France, 18)  Gabon, 19) Greece, 20) Germany, 21) Gibraltar, 22) Hungary,
23) Honduras, 24) Iceland, 25) Iraq, 26) Ireland, 27) Israel, 28) Italy,
29) Japan, 30) Jordan, 31) Kuwait, 32) Latvia, 33) Luxembourg, 34)
Lithuania, 35) Mauritius, 36) Mozambique, 37) Malta, 38) Netherlands, 39)
New Caledonia, 40) New Zealand, 41) Norway, 42) Oman, 43) Portugal, 44)
Poland, 45) Qatar, 46) Romania, 47) Saudi Arabia, 48) Sweden,  49)
Switzerland, 50) Serbia, 51) Seychelles, 52) Slovakia, 53) Slovenia, 54)
South Africa, 55) South Korea, 56) Spain, 57) Turkey, 58) Uruguay and 59)
United Kingdom. We can learn from them in this regard.


We wish to draw your immediate intervention to make India’s capital free of
harmful asbestos based products in view of the statement of Shri Anil
Madhav Dave, Union Minister of Environment, Forest & Climate Change in an
interview with *The Times of India* said “Since the use of asbestos is
affecting human health, its use should gradually be minimised and
eventually end. As far as I know, its use is declining. But it must end…”
(Source: Will look for alternatives to carcinogenic asbestos: Environment
Minister. August 15, 2016,
http://timesofindia.indiatimes.com/india/Will-look-for-alternatives-to-carcinogenic-asbestos-
Mantri/articleshow/53703528.cms
<http://timesofindia.indiatimes.com/india/Will-look-for-alternatives-to-carcinogenic-asbestos-Mantri/articleshow/53703528.cms>)


This statement of the minister in keeping with the 19 page long Vision
Statement on Environment and Human Health of the Central Government states
‘4.3.1 Environmental epidemiological studies are required to be carried out
near to industrial estates and hazardous waste disposal sites to estimate
the extent of health risks including from asbestos. Alternatives to
asbestos may be used to the extent possible and use of asbestos may be
phased out’.” The relevant URL of Vision Statement on Environment and Human
Health is available at
www.envfor.nic.in/sites/default/files/visenvhealth.pdf

In such a backdrop, we submit that the ‘Study of Health Hazards /
Environmental hazards resulting from use of Chrysotile variety of Asbestos
in the country’ <http://chemicals.nic.in/Asbestos_%20NIOH_May%202012.pdf>,
carried out by NIOH is highly questionable. It has been admitted in the
Indian Parliament. It may be noted that “The study has no scientific
credibility,” stated Dr. Philip Landrigan, President of the Collegium
Ramazzini and Dean for Global Health, Icahn School of Medicine, Mount
Sinai, New York. “It is flawed in the design, methodology and
interpretation of the results,” he added.



We submit that photos in the study show some workers wearing a cotton scarf
tied around their face as their only “safety equipment”.  The study also
shows workers weaving asbestos cloth. This is one of the most hazardous
uses of asbestos.



The Statement of scientists on the ‘scientific’ study by NIOH reads: “We
would like to strongly state that the ‘claim’ being made by the government
of India regarding the ‘safety’ of Chrysotile asbestos is unacceptable to
any credible scientists or scientific community. The world scientific
community has overwhelmingly concluded that Chrysotile asbestos causes
deadly diseases, such as asbestosis, mesothelioma and lung and other
cancers, and that it cannot be safely used.” It concludes saying, “We
therefore request the Government of India to withdraw the NIOH study, which
does not hold up to any credible scientific scrutiny and do the right thing
by supporting the listing of Chrysotile asbestos at the upcoming UN
conference.”



We submit that the Indian Council for Medical Research (ICMR) Annual Report
2011-2012 reported the “Study of Hazards/Environmental Hazards resulting
from use of Chrysotile variety of asbestos in the country (Ministry of
Chemicals & Fertilizers, GOI)” as having been done. The Director, NIOH had
sent a revised proposal on June 22, 2005 to Under Secretary, Department of
Chemicals and Petrochemicals, Ministry of Chemicals and Fertilizers,
Government of India to conduct the study. It is a matter of parliamentary
record that two ministers, namely Labour Minister and Environment Minister
have informed the Parliament that this study was conflict of interest
ridden. *The reply of the ministers is attached.   *


It is germane to inform you that we (ToxicsWatch Alliance) got a reply from
Shri R N Jindal, Union Ministry of Environment & Forests based on
Department of Chemicals and Petrochemicals (DCPC)’s note dated June 18,
2013 on the issue of Government of India’s position on hazardous substance
chrysotile asbestos at the Sixth Conference of Parties of (CoP-6) of the
Rotterdam Convention on the Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade held during April
28-May 10, 2013 in Switzerland. The reply and the note based on NIOH study
are attached because it is apparent that the same note is guiding the
position of the focal ministry even in 2017.



The seven-page long note of the Department of Chemicals and Petrochemicals
(DCPC), Union Ministry of Chemicals and Fertilizers on the subject of
Chrysotile Asbestos titled ‘Department of Chemicals and Petrochemicals’
View on the use of Chrysotile Asbestos” in the country’ was shared with
ToxicsWatch Alliance (TWA) by the Union Ministry of Environment & Forests.


We submit that MoEF’s contention based DCPC’s note stating that “On the
basis of the said note, the listing of Chrysotile Asbestos under Annex ‘A’
of Rotterdam Convention at CoP-6 during April 28th -May 10th 2013 at Geneva
could not be supported” was/is misplaced because even this questionable
study did not state that white chrysotile asbestos is non-hazardous.


Having carefully read the note of the ‘line department’, i.e. Department of
Chemicals and Petrochemicals (DCPC), Union Ministry of Chemicals and
Fertilizers on the subject chrysotile asbestos, we submit that the note of
the DCPC reveals that it has failed to understand the purpose of the
Rotterdam Convention and ignorance about the objective of the Convention.


We submit that the note is irrelevant from the point of view of the
objective of the Convention for which it was prepared. While one disagrees
with the findings of the conflict of interest ridden study conducted by the
NIOH, it is evident that even this study does not state that chrysotile
asbestos is not a hazardous chemical.


We submit that had NIOH study concluded that Chrysotile Asbestos is not a
hazardous chemical it may have become relevant. But even then it would have
been legally unsustainable because under Indian laws chrysotile asbestos is
a hazardous chemical.



We strongly disagree with the concluding sentence of the DCPC’s note
saying, “In view of the above, India may take a stand in the next CoP
meeting of Rotterdam Convention for not inclusion of chrysotile asbestos in
Annexure-III of Convention.


We submit that the flawed conclusion of the note titled ‘Department of
Chemicals and Petrochemicals’ View on the use of Chrysotile Asbestos” in
the country’ is quite stark and will not stand scrutiny of logic.



We submit that that there was strong objection at the unethical and immoral
act of inclusion of Mr. Vivek Chandra Rao Sripalle of Asbestos Cement
Products Manufacturers’ Association (ACPMA), India in the Provisional list
of participants at the Technical workshop on chrysotile asbestos in Geneva,
Switzerland in March 2015. An official on condition of anonymity that
officials feel humiliated when they have to take orders from likes of ACPMA.



We submit that in a letter to Union Ministry of Environment & Forests
(MoEF), on behalf of ToxicsWatch Alliance (TWA), we had shown how Indian
delegation’s position at the sixth meeting on UN's Rotterdam Convention on
the Prior Informed Consent Procedure for Certain Hazardous Chemicals and
Pesticides in International Trade which concluded on May 10, 2013 with
regard to asbestos was/is contrary to Indian laws in practice. Our
submissions to the Ministry were responded and clarifications provided,
which revealed that the MoEF was misled by Union Ministry of Chemicals
which in turn was misled by Asbestos Cement Products Manufacturers’
Association (ACPMA), which had funded the questionable study by the NIOH.



We submit that ACPMA had overwhelmed and misled the Indian delegation
making the Indian delegation ignore the fact that Asbestos is listed as a
hazardous substance under Part II of Schedule-I of the Manufacture, Storage
and import of Hazardous Chemical Rules, 1989 under the Environment
(Protection) Act, 1986 provides the List of Hazardous and Toxic Chemicals.
This list has 429 chemicals. Asbestos is at the serial no. 28 in the list.
This Rule and the list is available on the website of Union Ministry of
Environment & Forests.

Its url is: http://envfor.nic.in/legis/hsm/hsm2.html
http://envfor.nic.in/legis/hsm/hsm2sch1.html



We submit that even then the Indian delegation included asbestos industry
lobbyists like Mr. Vivek Chandra Rao Sripalle, ACPMA. The ACPMA’s influence
on the Indian government delegation’s stance is quite manifest. It also
merits attention as to whether the industry representatives went to this UN
conference on their own expense or government sponsored their visit. ACPMA
consists of 20 big firms and 68 manufacturing units, of which top six
players holding 87 per cent of the market share.

Reference: http://www.cci.gov.in/Newsletter/Newsletter_Dec.pdf



We submit that had ACPMA not overwhelmed the Indian delegation, the Indian
position would have been in keeping with its *Inventory of Hazardous
Chemicals Import in India* that lists ‘asbestos’ at serial no. 26 as one of
the 180 hazardous chemicals in international trade which is imported in
India. This inventory was prepared by Central Pollution Control Board
(CPCB), under Union Ministry of Environment & Forests, Govt. of India
prepared in September, 2008 with a foreword September 24, 2008 by Shri J.
M. Mauskar, the then Chairman, CPCB and Additional Secretary, Union
Ministry of Environment & Forests This was done pursue of Government of
India’s “Manufacture, Storage, and Import of Hazardous Chemicals (MSIHC)
Rules, 1989” under the Environment (Protection) Act, 1986. According to
these Rules, any person responsible for importing hazardous chemicals in
India is to provide the data of import to the concerned authorities, as
identified in Column 2 of Schedule 5 to the Rules. The CPCB “has been
identified as one of such Authorities. In order to study the inventory of
Hazardous Chemicals being imported by various categories of industrial
units in India, the data provided by these industrial units to the Central
Pollution Control Board (CPCB) have been compiled.” It is scandalous as to
why did the Indian delegation took a position inconsistent with the
Manufacture, Storage, and Import of Hazardous Chemicals (MSIHC) Rules, 1989.



We submit that even under Factories Act, 1948, the List of 29 industries
involving hazardous processes is given under Section 2 (cb), Schedule
First, asbestos is mentioned at serial no. 24.  The Act defines "hazardous
process" as “any process or activity in relation to an industry specified
in the First Schedule where, unless special care is taken, raw materials
used therein or the intermediate or finished products, bye-products, wastes
or effluents thereof would--(i) cause material impairment to the health of
the persons engaged in or connected therewith, or (ii) result in the
pollution of the general environment”.  This leaves no doubt that asbestos
is a hazardous substance. The Act is available at:

http://labour.nic.in/upload/uploadfiles/files/ActsandRules/Service_and_Employment/The%20Factories%20Act,%201948.pdf



We submit that promoters of white chrysotile asbestos like ACPMA who were
planted in the Indian delegation made the government representatives take a
position against human health and the environment and to put profit of the
asbestos industry before gnawing public health concerns.



We submit that on June 22, 2011 Indian delegation led by Ms. Mira Mehrishi,
Additional Secretary, had supported the listing of Chrysotile asbestos as a
hazardous chemical substance at the fifth meeting on Rotterdam Convention
amidst standing ovation. TWA had taken the opportunity of congratulating
the government but the about turn in May 2013 was a sad let down.



It is reliably learnt that officials and scientists who go to such UN
meetings feel humiliated when the industry representatives give them
directions instead of the senior government officials or ministers. The UN
meet on hazardous chemicals creates a rationale for insulating government
officials from undue and motivated industry influence else they will be
obliged to act like parrots. The Cabinet Committee on Economic Affairs
(CCEA) must factor in the far reaching implications for public health
before defending the indefensible hazardous asbestos industry. The day is
not far when members of CCEA too will be held liable for their acts of
omission and commission as is happening in more than 50 countries that have
banned all kinds of asbestos.



In keeping with Indian laws when the UN’s Chemical Review Committee of
Rotterdam Convention recommended listing of white chrysotile asbestos as
hazardous substance it is incomprehensible as why Indian delegation opposed
its inclusion in the UN list. The only explanation appears to be the fact
that the Indian government delegation did not have a position independent
of the asbestos industry’s position which has covered up and denied the
scientific evidence that all asbestos can cause disease and death.



We submit that meanwhile, an Advisory Committee of Union Ministry of Labour
has been set up to implement Hon’ble Supreme Court order issued on January
27, 1995 and reiterated on January 23, 2012.



We submit that global experience underlines that even early industry-funded
studies showed a causal relationship between asbestos exposure and cancer.
Had this been made known to the public it could have prevented countless
deaths but the asbestos industry made the conscious decision to protect
their profits instead and choose to keep this information hidden from the
public. India’s asbestos industry is following the same path.



As a consequence, although millions of Indian lives are being lost and
millions are being exposed to the killer fibers of white chrysotile
asbestos, no government agency or company is being held liable due to
political patronage which becomes quite glaringly visible when ACPMA is
included as part of the delegation.



While on a visit to New Delhi, Dr Alec Farquhar, the then Managing
Director, Occupational Health Clinics for Ontario Workers, Canada said, “We
now have around 500 asbestos cancer cases every year in Ontario from a
population of 13 million. If you (India) continue on your current path, you
will multiply our death count by 100 times. That would be 50, 000 Indian
workers dying every year from asbestos. In Ontario, we learned that safe
use of asbestos is impossible. I urge you from the bottom of my heart,
please do not make the same mistake as we made in Canada. Stop using
asbestos and use a safe alternative.” It is clear that lack of
documentation and lack of environmental and occupational health
infrastructure does not mean lack of victims of asbestos related diseases.



It has been estimated that one person dies from mesothelioma for every 170
tons of asbestos consumed. WHO estimates we have107,000 deaths worldwide
per year from occupational exposure to asbestos. If non occupational
exposure is added it reaches a figure of about 120,000 deaths. Average
world consumption/year 30-60 years ago was -- looks like3/2 of what it is
now (2 million metric tons/year). Give India its share of that based on its
share of global consumption. At 300,000 tons in 2013, that's about 18,000
deaths (15% of 120,000).  Asbestos diseases have a very long incubation
period. So if you are exposed today to an asbestos fibre, you are likely to
get the disease in next 10-35 years. Asbestos is like a time bomb to the
lungs and Indians will suffer the most. If it is banned today that does not
mean people will not suffer. Because of past usage people will continue to
suffer from these diseases.



We submit that the very existence of ACPMA is highly problematic and very
dubious. ACPMA which faced charges of cartelization by the Competition
Commission of India is registered under The Societies Registration Act,
1860 and it claims to be a non-profit organization. Is the asbestos
industry a non-profit organization? They make completely dubious and
baseless claims. They have put profit ahead of public health. These
associations appear inhuman, cruel and have a deviant behavior. The members
of ACPMA all await the fate of Kubota Corporation.



We wish to draw your attention towards the verdict of five judges of
Japan’s Supreme Court of February 17, 2015 that has upheld a ruling that
found asbestos used at a plant of Kubota Corporation caused fatal
mesothelioma in a man who lived near the plant and ordered the company to
pay ¥31.9 million in damages to his relatives. The petitioners were
relatives of Kojiro Yamauchi, who died at age 80 after working for two
decades about 200 meters from the Kubota plant in Amagasaki, Hyogo
Prefecture. His relatives and those of Ayako Yasui, who died at age 85
having lived about 1 km from the plant, sought damages from both Kubota and
the government. In October, 2014 this Supreme Court ruled that the
government was responsible for failing to protect workers from exposure at
asbestos factories in Sennan, Osaka Prefecture.

Reference:
http://www.japantimes.co.jp/news/2015/02/19/national/crime-legal/top-court-upholds-kubotas-liability-in-asbestos-death-case/#.VO3inSw8RkQ

It is noteworthy that Japan has banned asbestos of all kinds including
white chrysotile asbestos.



We also wish to draw your attention towards the fact that our neighbor
Nepal has become the first country in South Asia which going in the
direction of banning asbestos. We were part of the efforts in raising
awareness in Nepal.



We submit that in January 1995, while passing the judgment for the asbestos
case file by the Consumer Education & Research Centre (CERC) (case details:
http://indiankanoon.org/doc/1657323/),  Hon’ble Supreme Court of India
directed all asbestos factories to keep the health records of their workers
for 40 years and/or 15 years after their retirement. ACPMA members have
failed to maintain their employee’s heath records on their websites.



We submit that in August 2003, during the previous NDA led government
regime, the Union Health Minister had informed the parliament that asbestos
causes incurable lung diseases (such as asbestosis, lung cancer, etc).



We submit that Indian Navy officials have rightly objected to presence of
asbestos in aircraft carrier Admiral Gorshkov which was inducted into the
Indian Navy as INS Vikramaditya after asbestos decontamination.



We submit that Union of India’s Budget 2011-12 had made reference to
asbestos related diseases by including it under the Rashtriya Swasthya Bima
Yojana to cover ‘unorganized sector workers in hazardous mining and
associated industries like asbestos etc”.



We submit that during Internal Emergency declared in June 1975, the ruling
party and its acolytes had proposed to put opposition leaders in jails
which had asbestos roofs because it was harmful to health.



We submit that there are fibre substitutes that have been evaluated by WHO
are listed in the Summary Consensus Report of WHO Workshop on Mechanisms of
Fibre Carcinogenesis and Assessment of Chrysotile Asbestos Substitutes.

Reference:
http://www.who.int/ipcs/publications/new_issues/summary_report.pdf



We submit that in the 32rd year of Bhopal disaster, asbestos industry
should pay heed to the way asbestos companies have gone bankrupt in the
western countries. They should join hands and create a compensation fund
for victims. Dow Chemicals Company which refuses to own the liability for
Bhopal disaster caused by Union Carbide Corporation (UCC) in India has
owned the UCC’s asbestos related liabilities and announced a compensation
fund of 2.2 billion dollars for the victims. In Europe, tycoons and
ministers are facing criminal charges and imprisonment for their act of
knowing subjecting unsuspecting people to killer fibers of asbestos. The
future is no different for Indian culprits.

We submit that a Technical Committee set up by Union Ministry of
Industry examined
the health impact of asbestos in 1994. The Office Memorandum NO.6 (6)/94 -
Cement, (September 1, 1994) reads: "The Department has generally not been
recommending any case of Industrial License to any new unit for the
creation of fresh capacity of asbestos products in the recent past due to
the apprehension that prolonged exposure to asbestos leads to serious
health hazards".

We submit that by letter dated 9th July, 1986  from Union Ministry of
Steel, Mines & Coal, Government of India with reference no.
7/23/84-AM-III/AM-VI there is a stay on grant of new mining lease for
asbestos mineral and renewal of the leases. Reiterating the same in June
1993, central government stopped the renewal of existing mining leases of
asbestos. The mining activity was banned by Union Ministry of Mines. As a
result at present no permission is being given for new mining lease of
asbestos mineral and no lease is being renewed. At present no lease of
asbestos mineral is approved/or in force in the country.  It is strange
that while mining of asbestos is banned in the country due to adverse
health impact, the same is being imported from Russia, Kazakhstan,
Kyrgyzstan and Zimbabwe. It high time government stopped practicing such
untenable policies displaying manifest double standards.

In a bizarre act while Government of India has technically banned asbestos
mining, it continues to allow import and export of asbestos. "In view of
the deleterious effect of asbestos mining on health of the  workers, the
government has ordered the State governments in 1986 not to grant any new
mining lease for asbestos (including Chrysotile variety) in the country" as
per Government of India’s letter. Government must be made make India
asbestos free by rectifying the irrationality of banning mining of asbestos
but continuing its trade.

We submit that following vibrant struggle in villages of Muzaffarpur and
Vaishali in Bihar and Bargarh in Odisha stopped the establishment of
asbestos based plants.  There are struggles going in Bhojpur, Bihar against
such heavily polluting factories and the Bihar State Pollution Control
Board has cancelled their permissions to operate these factories because of
violation of environmental laws.

We submit that three cases of asbestos related diseases i.e. Mesothelioma
have been reported from among the workers of employed in the factory of
Hyderabad Industries Limited, Sanathnagara, Hyderabad in Andhra Pradesh.
These workers have died due to the disease. These workers were: 1) Shri N
Chandra Mouli, 2) Shri Sher Khan and 3) Shri Rama Chandraiah. This was
revealed in an affidavit filed by Shri T Narayana Reddy, Special Officer
Office of Advocate-on-record, Andhra Pradesh Legal Cell, New Delhi in the
Hon’ble Supreme Court. This company in question may be asked to file a
report on total number of workers employed by it and their health status
including a report about the three above mentioned workers.

We submit that both workers and consumers are at fatal risk from the killer
asbestos fibers through the life cycle of the asbestos based products.

We submit that as per World Health Organisation (WHO), " All types of
asbestos cause lung cancer, mesothelioma, cancer of the larynx and ovary,
and asbestosis (fibrosis of the lungs). Exposure to asbestos occurs through
inhalation of fibres in air in the working environment, ambient air in the
vicinity of point sources such as factories handling asbestos, or indoor
air in housing and buildings containing friable (crumbly) asbestos
materials." It underlines that several thousands of deaths can be
attributed to other asbestos-related diseases, as well as to
non-occupational exposures to asbestos.



WHO recommends the following public health actions for elimination of
asbestos-related diseases:-

1.      -recognizing that the most efficient way to eliminate
asbestos-related diseases is to stop the use of all types of asbestos;

2.      -replacing asbestos with safer substitutes and developing economic
and technological mechanisms to stimulate its replacement;

3.      -taking measures to prevent exposure to asbestos in place and
during asbestos removal (abatement), and;

4.      -improving early diagnosis, treatment, social and medical
rehabilitation of asbestos-related diseases and establishing registries of
people with past and/or current exposures to asbestos.



We wish to draw your attention towards the interview of Dr. Frank,
Professor of Public Health and Chair Emeritus of the Department of
Environmental and Occupational Health at the Drexel University School of
Public Health, about the international research on asbestos he’s championed
since the early 1990s. He asserts, “The people who do treatment research
are oncologists and radiotherapists and surgeons, so they’re not always as
concerned with identifying what the cause was. That’s what I do. I identify
the cause of things.”  The interview is available at
https://www.mesothelioma.com/blog/authors/staff/asbestos-around-the-world-an-interview-with-dr-arthur-frank.htm

It may be noted that in our country, the government does not record cases
of mesothelioma, and thus proclaims no one in the country develops the
disease. Dr. Frank asserts, “a lack of data does not mean a lack of
disease.” In fact, when speaking to a doctor from a major cancer hospital
in Mumbai, Dr. Frank learned that, in just one year, there were 32 cases of
mesothelioma in that hospital alone. “A lot of the asbestos cement
factories — a major use of asbestos in India — are owned by members of
parliament,” he said. “You can draw your own conclusions.”



We wish to draw your urgent attention towards a Statement calling on the
Government of India
<http://www.rightoncanada.ca/wp-content/uploads/2015/03/Statement-of-scientists-re-chrysotile-asbestos-March-21-2015.pdf>
to withdraw a discredited scientific study on chrysotile (white) asbestos
and to stop blocking the listing of chrysotile asbestos as a hazardous
substance at an upcoming UN meeting.



We submit that it is eminently consistent with the principle of prior
informed consent for India which imports White Chrysotile Asbestos from
countries like Russia, Brazil, Zimbabwe, Kazakhstan and others to receive
the information to assess whether it has the ability to safely use this
substance or products containing it. The fact remains that the Convention
is about prior informed consent about trade in hazardous chemicals and not
about banning any hazardous substance.



We submit that India should not allow itself to be misled by asbestos
producers like Russia and Kazakhstan in this regard now that Canada has
rightly stopped mining of white chrysotile asbestos almost like India due
its “deleterious” impact on health.



In view of the above, we demand that vested interests like ACPMA should not
be included in the Indian delegation and it must support its inclusion in
the Annexure III of the Rotterdam Convention at the UN meetings in April-
May, 2017 in Geneva.



Therefore, we urge you to take cognisance of the findings of AIIMS,
Chemical Review Committee, WHO and Prof. Frank besides the Statement of
Scientists and the concern of the Union Environment Minister in order to
initiate action to deal with asbestos related diseases of present and
future generations in right earnest.



We will be happy to meet you and learn about your action to protect
consumers, public health, workers, and environment in the face of myopic
profit driven lobbying.


Warm Regards
Dr Gopal Krishna
ToxicsWatch Alliance (TWA)
Mb: 08227816731, 09818089660
*[email protected] <[email protected]>*
Web: www.asbestosfreeindia.org, toxicswatch.org



Cc

Smt. Sushma Swaraj, Member, Cabinet Committee on Economic Affairs

Shri Rajnath Singh, Member, Cabinet Committee on Economic Affairs

Shri Arun Jaitley, Member, Cabinet Committee on Economic Affairs

Shri Suresh Prabhu, Member, Cabinet Committee on Economic Affairs

Shri Nitin Gadkari, Member, Cabinet Committee on Economic Affairs

Shri M. Venkaiah Naidu, Member, Cabinet Committee on Economic Affairs

Shri Ravi Shankar Prasad, Member, Cabinet Committee on Economic Affairs

Shri Radha Mohan Singh, Member, Cabinet Committee on Economic Affairs

Shri Ashok Gajapathi Raju, Member, Cabinet Committee on Economic Affairs

Shri Harsimrat Kaur Badal, Member, Cabinet Committee on Economic Affairs

Shri Dharmendra Pradhan, Special Invitee, Cabinet Committee on Economic
Affairs

Shri Piyush Goyal, Special Invitee, Cabinet Committee on Economic Affairs

Smt. Nirmala Sitharaman, Special Invitee, Cabinet Committee on Economic
Affairs

Shri Anil Madhav Dave, Union Minister of State (Independent Charge),
Environment, Forest and Climate Change

Chairman, Parliamentary Standing Committee on Commerce

Chairman, Parliamentary Standing Committee on Chemicals & Fertilizers

Chairman, Parliamentary Standing Committee on Health and Family Welfare

Chairman, Parliamentary Standing Committee on Labour

Chairman, Parliamentary Standing Committee on Committee on Science &
Technology, Environment & Forests

Chairman, Parliamentary Standing Committee on Food, Consumer Affairs &
Public Distribution

Chairman, Parliamentary Standing Committee on Industry

Chairman, Parliamentary Standing Committee on Finance

Chairman, Parliamentary Standing Committee on External Affairs

Chairman, Parliamentary Standing Committee on Defence

Shri Pradeep Kumar Sinha, Cabinet Secretary

Secretary, Union Ministry of External Affairs

Secretary, Union Ministry of Chemicals & Fertilizers

Joint Secretary (Chemicals), Department of Chemicals and Petrochemicals,
Ministry of Chemicals and Fertilizers



*"We may admire what he does, but we despise what he is."-referring to
humans who act mechanically on instructions*

*-------Wilhelm von Humboldt, 1792*

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