Making a Complete Mockery of Environmental Public Hearings

Feature story - April 12, 2005
HYDERABAD, India — On 11 April 2005, Bidhan Chandra Singh, our Toxic-Free India campaigner, was first roughed up by goons from the chemical industry and then detained and ruthlessly beaten up by Inspector Narsimlur at Jinnaram police station, in Medak district because of the objections he had raised at a public hearing expressly called to grant post-facto environmental environmental clearances to polluting industries of Patancheru.

A stream of industrial effluents flows into the Kazipally lake in Patancheru.

The Environmental Engineer of AP Pollution Control Board put out a notification in several papers on March 9th 2005, informing the readers that on April 11th, 12th and 13th 2005, Environmental Public Hearings would be held in the premises of the Mandal Revenue Office, Jinnaram, Medak district for various industrial units as per the MoEF’s notifications of 27/1/1994 and 10/4/1997 and GoI Circular dated 14/5/2002. These public hearings were for the purpose of obtaining Ex-Post Facto Environmental Clearance for a set of Industrial Units in Jinnaram, IDA Bollaram, IDA Khazipally, IDA Gaddapotharam, Gummadidala, IDA Bonthapally etc.

The Advertisement informed that the units are seeking Ex-Post Facto Environmental Clearance from the MoEF and had furnished Executive Summary and Environmental Impact Assessment Reports on a cluster basis. It further sought the suggestions, views, comments and objections related to the aforesaid industries from the public/interested group/affected group within 30 days from the date of publication of the notification, which could be communicated to the APPCB, saying that such groups can also participate in the public hearing. The notification further went on to list the places where the EIAs and Executive Summaries were kept open for public access. The locations mentioned here included the respective Gram Panchayat offices of the IDA villages mentioned above and the Mandal Revenue Offices.

However, the true colors of such public hearings came to the fore (yet again) with the local authorities trying to suppress the voices of the public in a variety of ways, including brutal violence.

The Public hearing to grant 'post-facto' environmental clearances to industries operating in violation of 'clearance procedures' and have been polluting for over 10 years without impunity, in itself is a farce that is self-defeating, clearly to fast-track long pending environmental clearances of these industries, with no intention of taking the grievances of villagers on board.

By the day of the first Public Hearing on April 11th 2005, several villages had not been able to lay their hands on the EIAs and the Executive Summaries. The MRO Office, Patancheru, which is supposed to have the copies of the reports for public access as per the newspaper notification, told villagers who approached it on 4th and 5th of April for the reports that they are not in possession of the report. Villagers also approached the District Collector’s office in Sangareddy which refused to part with the reports.

Two of the Sarpanches brought this up publicly in the Public Hearing soon after it began at 10.30 am. They had also written formal complaints about this lack of information.

The Panel included Mr Bheem Nayak, Joint Collector, Medak district (who was presiding over the Public Hearing); Mr Nagaraj Rao, RDO, Medak district; Vishweswara Rao, Joint Chief Environment Engineer, APPCB, K Radhakrishnan, CFO, CSE; K Balareddy, MPP and V Kista Gowda, Zilla Parishad member.

The local communities were opposed to the fact that this Public Hearing could be conducted without any informed opinion from them, given that the reports were not made available to them beforehand. The PCB did not make any attempt to ensure that these reports indeed reached the groups, affected/interested and the public, after putting out its notification in March.

It is only through other sources that some of the people attending the meeting got to obtain the reports. The illegality of the Public Hearing, to the extent that it was being held without the EIA reports being made available, was highlighted time and again in the meeting. Greenpeace India’s campaigner, Mr Bidhan Chandra Singh brought this up a few times in the morning.

Further, when people were presenting their case, there was no recording of minutes apparent and it was only after the public put pressure on the Panel, the minutes began to be recorded.

In the post-lunch session, the Joint Collector gave time for the industrialists present to speak and present their case. This angered the public and the environmentalists who were dismayed at the fact that the one formal, legal opportunity available to the public to voice their views, concerns and objections was being sabotaged by the Joint Collector by allowing the polluters to present their case. As it was, there was much discounting of the contamination that people were putting up with for decades now. The public did not allow the industrialists to speak, expectably.

Goondaism takes over:

At this point of time, some goons of the industry, including a representative of Matrix Industry who the Greenpeace Campaigner recognises, picked up an argument with the Greenpeace Campaigner, Mr Bidhan Chandra Singh. Soon, they started assaulting him and a representative of the industry lifted an iron chair with an intention to strike Mr Singh. Another representative of the industry shouted “kill him”.

In an effort to save the environmental activist who has been working with them, the local community members reacted in an agitated mode and started disrupting the proceedings. Soon, a riot broke out and the police stepped in. The local people began pelting stones at the police as soon as their lathi charge began. The police acted brutally and dealt with the agitation of the local people in a violent manner.

Throughout this period, Bidhan as well as other environmentalists tried to calm the local people.

The Police Misbehave:

Later in the day, when Bidhan Chandra Singh went to the Jinnaram Police Station to register an FIR (First Information Report) about being physically abused by representatives of the industry, there were already two other activists detained by the police in the Station premises. The media representatives from Tehelka, Down To Earth and TV9 wanted to know from the Circle Inspector, Mr Narsimhulu why these activists were detained, when he started getting aggressive, pushed, shoved and assaulted the media persons in the police station.

He also decided to detain Mr Bidhan Chandra Singh and a research student Mr Vijay and got his police to shove them into the detention chamber. Both outside and inside the detention chamber at least ten police officers, including the Circle Inspector beat up Bidhan and Vijay, upon the behest of another police official. They slapped and kicked the activists, and Mr Vijay got kicked several times by the police when he was seated on the floor.

It was only late in the night at around 10.15 pm that the activists were able to lodge their FIRs against the physical assault during the Public Hearing, after the intervention of the Additional SP. The media representatives lodged a complaint against the misbehaviour of the police in the Jinnaram Police Station.

Can these be termed Public Hearings?

This whole set of events, starting from the lack of availability of crucial reports to the public before an informed opinion/view/objection could be expressed during the Public Hearing, this undermining of local constitutional institutions like Gram Panchayats, the biased processes run within the Public Hearing, the lack of an appropriate, legally-required Panel, the absence of recording of minutes are clearly the result of the great pressure that the industries are under, to obtained the requisite Clearances by the 18th of April. Due processes and procedures were ready to be sacrificed to protect the interests of the industries, at the expense of the communities in the area.

Further, the violence that was allowed to erupt during the Public Hearing with the industry representatives beating up the environmentalist activist is completely unacceptable and strongly condemned.

Finally, the brutal and violent behaviour of the police in Jinnaram Police Station, Medak district puts to shame the entire law and order machinery of the state. Instead of registering the complaint of the activists who have been hurt, the police chose to detain them and kick and slap them.

In this context, Greenpeace India demands that:

  • The Public Hearing be held in the true spirit once again, after all reports are made available to the public and the local institutions like Gram Panchayats, in a manner that they comprehend, and the current Public Hearings be declared invalid;
  • The Joint Collector be suspended for violations of procedures and processes of the Public Hearing
  • The Police Officials in Jinnaram Police Station be suspended and punished for their violent and brutal assaults on activists and media representatives