Ecologist S. Faizi, who was Environmental Expert Member of the Plachimada High Power Committee, has expressed deep concern over delay in issuing presidential assent for the Plachimada Coca Cola Victims Compensation Claims Tribunal Bill, 2011.
In a letter to Prime Minister Manmohan Singh, Dr. Faizi recalled that the Bill was unanimously passed by the Kerala Assembly on February 24 last year, following the study conducted by a 15 member multidisciplinary team chaired by the Additional Chief Secretary.
Noting that the delay was unacceptable, he said that the Home Ministry had forwarded the Bill to various ministries concerned for comments on April 13, and the ministries of Agriculture, Rural Development, Water Resources, Food Processing Industries and the Department of Justice had duly submitted their categorical approval of the Bill. Some ministries had in fact recommended stronger measures than those proposed in the Bill. Yet, the Bill had not been passed to the President for issuing assent.
He said that the Plachimada Bill was in fulfilment of the State's obligation in terms of Article 21 as interpreted by the Supreme Court and based on the polluter pays principle that had become an integral part of our jurisprudence. “The enactment of this law will remain a critical contribution in enforcing a legal regime for the sustainable management of the scarce natural resources of the country as a public resource as underlined by the recent Supreme Court judgment in the 2G scam and to remedy the deprivations suffered by the victims, and in pursuance of Article 39b of the Constitution. It fills an important legislative gap and complements the Green Tribunal Act 2010, which puts a time bar of five years for filing cases for compensation.”
Dr. Faizi remarked that it was unfortunate that the Home Ministry chose to entertain the opinion on the Bill prepared by the cola company’s lawyers, which was very strange as there is no provision in the Presidential assent issuing process for entertaining the intervention of a private sector company. However, if the opinion of the company was entertained then natural justice demanded hearing the view of the other side which in this case is the poor victims of Plachimada, more so since the cola company is supported by the most powerful government on earth and its diplomatic missions in the country while the cola victims have no such luxuries to claim, but that was not done.
