Parliamentary probe demanded into incurable asbestos related diseases and
deaths
http://www.asbestosfreeindia.org/2021/11/parliamentary-probe-demanded-into.html?m=1



To

Shri Bhartruhari Mahtab
Parliamentary Standing Committee on Labour
Parliament of India
New Delhi

Through Shri K. G. Sidhartha, Deputy Secretary, Lok Sabha Secretariat

Date: 18/11/2021

Subject: Probe into asbestos-related incurable diseases and deaths among
workers and their families including doctors, defense workers, teachers and
mechanics

Sir,

With reference to the incurable diseases and deaths caused by carcinogenic
asbestos mineral fibers, we wish to draw your attention towards the
investigation by a UK parliamentary  committee on the hazards of asbestos
in schools and hospitals, amidst the finding that a total of 305 teachers
were confirmed to have died from mesothelioma, a cancer caused by exposure
to asbestos, between 2001 and 2016. (Source: https://www.independent.co.uk/
news/health/asbestos-deaths-inquiry-schools-hospitals-b1958949.html)

We submit that this situation creates a compelling logic for the Indian
parliamentary committee to undertake similar probe given the fact that
India haz one of the worst asbestos legacies in the world, and it continues
to import, manufacture, procure and use white chrysotile asbestos mineral
fiber despite having banned it's mining.

We submit that the fact that no public and private building in India is
free of carcinogenic asbestos mineral fibers. India allows toxic materials
to sit in the walls of public and private buildings as they decay and grow
increasingly dangerous for enviro-occupational health.

Unlike in some other countries, India does not have a central register of
asbestos in public buildings. This must be changed for public safety.

We submit that more than 50,000 lives a year could be saved if the
committee can recommend urgent measures.

We submit that in a asbestos related development, "the murder trial against
Swiss asbestos billionaire Stephan Schmidheiny continues in Novara, Italy.
On November. 15, 2021, pneumologists testified that numerous experts had
examined the evidence and concluded that all 392 victims died from
mesothelioma. Sixty-two were Eternit workers, 330 had environmental and/or
domestic (household) asbestos exposure" according to a report by Silvava
Mossano, a noted Italian journalist. The murder trial of the Swiss asbestos
tycoon is linked to the abject lack of effort by Eternit management to
protect or warn workers and the people in the community surrounding the
plant prevailed during the 80 years of plant operation until the plant was
padlocked and declared bankrupt in 1986. The terror imposed on the
community, with so many dying from asbestos, year after year, is expressed
in the  testimonies of the victims has been recorded by former La Stampa
journalist Silvana Mossano.

We submit that there is considerable indignation in the US about Johnson &
Johnson (J&J), US firm using a Texas law created to enable giant
corporations and billionaires to avoid facing their victims in court and
delay and minimize compensation payments.  J&J is using a bankruptcy
maneuver to block lawsuits over baby powder cancer claims. (Source:
https://www.krwg.org/post/jj-using-bankruptcy-maneuver-block-lawsuits-over-
baby-powder-cancer-claims)

Johnson & Johnson is drawing criticism after using a controversial
bankruptcy maneuver to block roughly 38,000 lawsuits linked to claims that
its talc baby powder was contaminated with cancer-causing asbestos. The
health products giant used a quirk of Texas state law to spin off a new
company called LTL, then dumped all its asbestos-related liabilities —
including the avalanche of lawsuits — into the new firm. LTL filed for
bankruptcy last week in a federal court in Charlotte, N.C., a move designed
to sharply limit efforts to recover damages for those who say they were
harmed by J&J's baby powder. "Johnson & Johnson doesn't have this liability
anymore. They pushed all of it into the company they created just to file
for bankruptcy," said Lindsey Simon, a bankruptcy expert at the University
of Georgia School of Law.

We submit that this company has stopped sale of talcum powder in North
America but in a clear case of environmental racism it continues to sale it
in India endangering almost every present and future Indians.

J&J has made use of a law in Texas to split off its Johnson Baby Powder
(JBP) unit and then have that unit file for bankruptcy, thereby halting all
lawsuits over cancer from JBP and erecting a legal barrier to protect the
rest of the corporation from liability over the talc-containing product
(while avoiding a bankruptcy filing by the parent corporation).  A similar
use of this outrageous law was used by Georgia-Pacific in 2017 to stop
lawsuits over its drywall patching compounds sold in the US before they
were banned in 1977, says Barry Castleman, author of "Asbestos: Medical and
Legal Aspects", the most authoritative book on asbestos industry.

We submit that Hon’ble Calcutta High Court’s order on carcinogenic-asbestos
that has been used for roofing in the Hon’ble Court’s main building. This
creates a compelling logic for our country to be made asbestos free.

We submit that in Writ Petition (Civil). No. 14729 (W) of 2016, the
Division Bench of Acting Chief Justice Nishita Mhatre and Justice Tapabrata
Chakraborty has passed an order observing, “The High Court main building is
undergoing repairs with the assistance of the Public Works Department (PWD)
of the Government of West Bengal and other Authorities. When the entire
renovation is undertaken, it is expected that the High Court and the PWD
or, any other body entrusted with the renovation will ensure that the
asbestos-sheets, which have been used for roofing, would be replaced by any
other materials which are non-carcinogenic.” This creates a need for
central and state legislatures to be made asbestos free as well besides the
residences of the legislators.

We submit that prior to the Hon'ble High Court's order, the Union Railway
Ministry had ordered removal of asbestos roofs from all railway buildings.
It is noteworthy that the ministry invited offers for “Procurement of
Non-Asbestos “K” Type Composition Brake Blocks”. The offer was been issued
by Director, Railway Stores (W) or and on behalf of Hon’ble President of
India. More than 7, 000 railway platforms are at various stages of asbestos
decontamination but sadly asbestos waste is not being disposed in a
scientific and safe manner. This initiative merits your attention.

We submit that as per Environmental Impact Assessment Manual for Asbestos
Based Industries, Union Ministry of Environment & Forests, type and
quantity of solid waste generated during the construction and operational
stages is to be quantified. In case of expansion of the unit, the solid
waste generated category wise should be furnished. For disposing asbestos
waste mate rial the norms notified under Hazardous Waste (Management,
Handling and Transboundary Movement) Rules, 2008 and the recommendations as
per IS: 11768 – 1986 (Reaffirmed 2005) is required to be followed. "All
asbestos waste must be kept in closed containers before its transportation
to the disposal point so that no asbestos dust is emitted into the
environment during transportation. Final covering of asbestos waste, other
than high-density waste, shall be to a minimum depth of 2m and the asbestos
waste including the used bag filters should be disposed at an approved
TSDF." It must be noted that there is no mention of Hazardous Waste
Treatment, Storage and Disposal Facilities (TSDFs) for the waste generated
from the asbestos factories of four companies in the State. These factories
are operating violation of general and specific conditions laid down on the
environmental clearance unmindful of the fatal risk to workers, their
families, the residents in the vicinity of these units and the consumers.

We submit that 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 120,000deaths.
Average world consumption/year 30-60 years ago was -- looks like 3/2 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 Hon’ble Calcutta High Court has recorded that “there is
sufficient study material indicating that asbestos sheets used for roofing
could cause cancer” and “various documents, issued by the World Health
Organization (WHO), and other materials obtained from the Internet, that
the exposure to asbestos including chrysotile causes lung cancer,
mesothelioma and asbestosis.” It was contended by the petitioner that “the
High Court should not continue to use these materials for roofing,
especially after legislation in different parts of the world has been
enacted on recognizing the potential health risk of asbestos to the
citizens at large. Even in India several Acts recognized the fact that
asbestos is a health-hazard.”

We submit that the directions of the Hon’ble Supreme Court dated January
27, 1995 in the Writ Petition (Civil) No. 206 of 1986 asked both central
and State Governments to incorporate fresh resolution of ILO in their rules
and regulations. Government has not incorporated the ILO resolution dated
June 14, 2006.

We submit that there is hardly any building in our country which is
asbestos free. It is high time efforts are initiated to decontaminate
asbestos laden public and private buildings.

We submit that prior to Hon’ble Calcutta High Court’s order, Kerala State
Human Rights Commission recommended ban on use of asbestos roofs for
schools and hospitals in its order dated n 31st January, 2009.

We submit that National Human Rights Commission (NHRC) has passed an order
in Case No: 693/30/97-98 recommending that the asbestos sheets roofing
should be replaced with roofing made up of some other material that would
not be harmful.

We submit that globally asbestos industry is on trial. Countries after
countries are passing verdicts against it. They are banning future use of
the cancer causing mineral fiber of asbestos. Government of India is
publicly revealing that it does not favour new asbestos plants in the
country any more. There is a compelling logic emerging for pre-existing
asbestos based plants to shift to non-asbestos based building materials. It
is not surprising that "The Government of India is considering the ban on
use of chrysotile asbestos in India to protect the workers and the general
population against primary and secondary exposure to Chrysotile form of
Asbestos." It has noted that "Asbestosis is yet another occupational
disease of the Lungs which is on an increase under similar circumstances
warranting concerted efforts of all stake holders to evolve strategies to
curb this menace". A concept paper by Union Ministry of Labour revealed
this at the two-day 5th India-EU Joint Seminar on “Occupational Safety and
Health” on 19th and 20th September, 2011. (Reference:
http://www.labour.nic.in/lc/Background%20note.pdf)

We submit that the Annual Report of NHRC 2003-2004 refers to a Report
entitled “Asbestos – Health and Environment – an in-depth Study “submitted
by the Institute of Public Health Engineers, India. The study underlines
that safe and controlled use of asbestos is not possible.

We submit that taking lessons from the industrial disaster of Bhopal,
asbestos industry should ne made to pay heed to the way asbestos companies
have gone bankrupt in the Western countries. They should be persuaded to
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 while India has technically banned mining of asbestos due
deleterious impact on health, it is quite ironical that Union Government
allows import of white chrysotile asbestos from countries like Russia,
Brazil, Zimbabwe, Kazakhstan and others. Government should not allow itself
to be misled by asbestos producers like Russia in this regard now that
Canada has rightly stopped mining of white chrysotile asbestos almost like
India due its “deleterious” impact on health.

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 the 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 neighbour
Nepal has become the first country in South Asia which going in the
direction of banning asbestos

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.

We submit that the second significant direction was the GoI and the state
governments have to mend their rules and regulation as per the ILO
resolution (International Labour Organisation). The ILO says eliminate
asbestos of all kinds for elimination of asbestos related-diseases.
Controlled use is not possible. It has not been possible for all the
countries which have banned it and this is impossible in India too.

We submit that 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”. During Emergency, the ruling
party and its acolytes had proposed to put opposition leaders in jails
which had asbestos roofs.

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 sooner or later, the asbestos industry will go bankrupt
because they will have to pay huge amount of money in compensation. For
every injury in the law there is a remedy. The present and the future
generation will make sure they get remedy.

We submit that the rate of consumption of growth which they are enjoying
today does not mean it will continue. In western countries, the rate picked
at one time and today it is zero. This is the peak of Asbestos industry in
India and now, the downfall will start.

We submit that the industry must be persuaded to phase out in two phases.
In the first phase the goal is to eliminate use of chrysotile asbestos and
the number of exposed workers and consumers in the country. In the second
phase, the goal is to create incentives for the use of safer materials,
ensure, create a registry of asbestos laden buildings and victims of
asbestos-related diseases and ensure  decontamination of the former and
compensation for the latter. There is an immediate need to conduct an audit
of the current status of the victims of asbestos related diseases from the
government hospital records in the country and make it mandatory for
medical colleges to provide training for doctors so that they can diagnose
diseases caused by occupational, non-occupational and environmental
exposures to killer fibers and substances.

We submit that meanwhile, while an Advisory Committee of Union Ministry of
Labour has been set up to implement Hon’ble Supreme Court order issued 15
years ago on January 27, 1995 and repeated on January 23, 2012. Although
several years have passed but the Advisory Committee headed by Joint
Secretary, Union Ministry of Labour is yet to submit its report to
incorporate specific directions of the Court with regard to fresh ILO’s
Resolution of June 14, 2006 introducing a ban on all mining, manufacture,
recycling and use of all forms of asbestos.

We submit 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.

While on a visit to New Delhi, Dr Alec Farquhar, as the 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 is sad that a killer fiber like asbestos which is banned in some 70
countries is being used to manufacture asbestos cement sheets disregarding
the fatal health impact for present and future generations. Such plants and
products should be stopped to save residents from incurable lung cancer
like diseases.

We submit that asbestos death toll has surpassed traffic fatalities in
Australia. In US, every year 10, 000 people are dying because of asbestos
related disease. There is an epidemic of asbestos diseases in Europe. In
India, a silent Bhopal disaster is happening every year. The rate of
consumption of asbestos in India is rising at an alarming rate due to
budgetary support. Nearly all of India's asbestos is mixed with cement to
form roofing sheets. Bolstered by asbestos import tariffs that have been
reduced from 78% in the mid-1990s to 15% by 2004, the country's
asbestos-cement industry is increasing by roughly 10% every year.

We submit that some typical asbestos-based materials include sound
insulation infill, thermal insulation lagging, tape, rope, felts, blankets,
mattresses, asbestos boards, gaskets and washers, drive belts/ conveyor
belts, roofing sheets and slates, drain and flue pipes, rainwater goods,
fascia boards, bath panels, ceiling tiles, toilet seats, cisterns, bitumen
damp proof course, lining to walls, lab bench tops, extraction hoods and
fume cupboards, brakes and clutches, cooling tower elements and others.

We submit that the health consequences are already apparent, but the scale
of the problem is not clear because there is no documentation of disease
caused by environmental and occupational factors. “The Government of India
has a very poor, almost non-existent, system to record death and disease”,
explains Arthur Frank from Drexel University, Philadelphia , PA , USA who
is a regular visitor to India. Besides, cancer is not a notifiable disease.
Prof. Frank cited a hospital in Mumbai which sees a dozen cases of
mesothelioma every year. Studies have shown high rates of asbestosis among
workers in the industry, including in those whose exposure to the material
has spanned less than 5 years. There has been no real assessment of
[asbestos-related disease] to the point that you can get accurate figures.

We submit that the verdict even by the World Trade Organization (WTO)’s
Appellate Body (AB) validated the rights of Member States to prohibit the
import and use of goods which contain carcinogenic substances such as
chrysotile asbestos (white asbestos) is noteworthy. On March 12, 2001 the
WTO's Appellate Body (AB) issued its ruling in the case of Canada vs. the
European Communities Measures Affecting Asbestos and Asbestos-Containing
Products. It noted that safe and controlled use of chrysotile asbestos is
impossible.

We submit that India is the largest importer of asbestos, according to the
UN Commodity Trade Statistics Database. Most of it goes into making
corrugated roofing sheets as building material.

In our country, it has been estimated by a Canadian jurist that
approximately 50, 000 people die every year due to asbestos related cancer.
But so far Government of India and state governments have failed to take a
pro-people’s health position and a scientifically consistent stand on the
import of chrysotile asbestos whose mining is technically banned in India.

In such a context, we appeal to you to take note of:
·         Hon’ble Calcutta High Court’s order;
·        Resolutions of WHO and ILO (2005 and 2006 seeking elimination of
future use of asbestos including chrysotile asbestos worldwide;
·         Need to announce the compensation package for present and future
victims of asbestos diseases as it has done in the case of Silicosis and
make the asbestos companies criminally liable for knowingly exposing
citizens and consumers of asbestos products;
·         The fact that every international health agency of repute
including the World Health Organization, the International Labor
Organization, International Agency for Research on Cancer, Occupational
Safety and Health Administration, National Institute for Occupational
Safety and Health, and the American Cancer Society agree there is no safe
level of asbestos exposure. Most recently, the International Agency for
Research on Cancer (IARC) reconfirmed that all commercial asbestos fibers -
including chrysotile, the most commercially used form of asbestos - cause
lung cancer and mesothelioma. In addition, IARC newly confirmed that there
is sufficient evidence that asbestos causes ovarian cancer and reconfirmed
asbestos causes laryngeal cancer;
·         The World Health Organisation estimates that asbestos already
claims 107,000 lives a year. Even that conservative estimate means every
five minutes around the clock a person dies of asbestos related disease.
The ongoing use of the asbestos fibre kills at least 300 people every day;
·         World Bank's Asbestos Good Practice Guidelines. These Guidelines,
as well as its earlier Environmental, Health & Safety General Guidelines,
require that the use of asbestos must be avoided in new construction in
projects funded by the World Bank around the world. The Guidelines also
provide information on available safer alternatives to asbestos;
·         Human biology is same everywhere if the asbestos is deemed
hazardous in the developed countries; it must be deemed so in India too;

In view of the incontrovertible adverse health effects asbestos based
plants and products should be phased out to protect the lives of present
and future generations.

We take this opportunity to draw your immediate attention towards the fact
that asbestos related diseases are also incurable despite this
environmental clearances are still being given by the central environment
ministry.

In such a backdrop, it is germane to ask Union of India and the States to
stop manufacturing, procurement and use of all forms of asbestos including
white asbestos.

It is your solemn duty to protect fellow citizens and residents from the
exposure of fibers of chrysotile asbestos.

It is unbecoming of the India’s scientific stature to take untruthful and
unscientific position displaying unpardonable callousness towards concerns
of consumers, public health, workers, environment and human rights. India
should learn from countries that have banned asbestos of all kinds
including white chrysotile asbestos. These countries are:  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, 59) United Kingdom and 60) Ukraine. Besides these
countries, 10 more countries have banned asbestos of all kinds.

Although domestic laws in India recognize white chrysotile asbestos as
hazardous, the Union Government has been taking inconsistent position in
this regard in UN meetings. Hon'ble High Court may recommend to the
Government to take steps to rectify the blunder it has committed by
immorally and illegitimately denying right to know about hazardous
substances to present and future Indians. It should factor in views of
health and environment ministers to pave the way for creating a future
which is free of incurable hazardous asbestos related diseases.  Indian
laws include asbestos in the list of hazardous substances but tremendous
influence of commercial interests has forced the Indian delegation to take
a position which is diametrically opposite of domestic laws.

We submit that UN’s Rotterdam Convention on the prior informed consent
procedure for certain hazardous chemicals and pesticides in international
trade and the Chemical Review Committee of this UN Convention has
recommended listing of white chrysotile asbestos in the UN list of
hazardous substances for better protection of public health and
environment. It is consistent with our domestic law.

We wish to draw your urgent attention towards a 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 in the 2017
Jan-Mar; 32(1): 75–76 issue. This paper authored by Dr Shamim Ahmed Shamim
et al provides credible information about a 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).

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

According to World Health Organisation (WHO), Elimination of
asbestos-related diseases should take place through the following public
health actions:
-recognizing that the most efficient way to eliminate asbestos-related
diseases is to stop the use of all types of asbestos;
-replacing asbestos with safer substitutes and developing economic and
technological mechanisms to stimulate its replacement;
-taking measures to prevent exposure to asbestos in place and during
asbestos removal (abatement), and;
-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.

As per 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.

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 learnt 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.” Dr. Frank has
been visiting Delhi to conduct lung disease with focus on silicosis, and
asbestos related disease. You may consult him for the protection of public
health.

We submit that to begin with you may seek a report on compliance with six
specific directions given by Hon'ble Supreme Court in CERC v Union of India
on 27 January, 1995. You may seek a report from all the hospitals about
asbestos related victims attended by them and consider issuing an order
preparing a list of asbestos laden public buildings in Odisha, West Bengal,
Bihar and Jharkhand. You may also seek a report from all the medical
colleges and hospitals of Eastern India, Southern India, Western India and
North India in this regard. A database of victims of asbestos related
diseases, asbestos laden buildings, an inventory of asbestos based
products, a database of hospitals which can diagnose the disease and a
database of agencies which are competent to decontaminate asbestos from
existing buildings will be helpful for the present and future generation of
Indians and residents.

Therefore, we request you to take cognisance of the findings of WHO, AIIMS
and Prof. Frank in order to recommend action to deal with asbestos related
diseases of present and future generations in right earnest. We will be
happy to submit more information in this regard.


Thanking you

Warm Regards
Gopal Krishna, LL.M., Ph.D
ToxicsWatch
[email protected]
Web: www.toxicswatch.org

Cc
Hon'ble Chairman, Parliamentary Standing Committee on Labour
Hon'ble Members, Parliamentary Standing Committee on Labour

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