Resolution adopted by the meeting held on 4th October 2022 in solidarity to ongoing Plachimada struggle
Protect the dignity of the Kerala Legislature!
Compensate the people of Plachimada for the losses they suffered!
The Plachimada Compensation Tribunal Bill passed 11 years ago by the Kerala Legislature has not been turned into Law so far, due to the intervention of the Union government. Protest should be raised against the intervention, recognizing it as an encroachment on Kerala legislature’s right to make laws. All political parties having representation in the Kerala legislature should come forward to protect the dignity of the legislature by upholding the right to legislation.
This meeting demands that
The Pollution Control Board should sue the Coca Cola Company, Plachimada under provisions 43 &47 of the Water Act;
The owners of the company should be arrested in the case registered under the Act for Prevention of Atrocities against Scheduled Castes/ Scheduled Tribes and the assets of the Cola company at Plachimada should be confiscated;
The government should provide provisional compensation to the people till the matter is settled finally by the tribunal;
and that
Existing laws should be amended so as to give powers to the Gramasabha for the protection of groundwater resources.
In Indian democracy, transnational corporations have become powerful influences that dare to question the sovereignty of the legislatures to make laws, assured by the constitution. The sad plight of the Plachimada Coca cola Relief and Compensation Special Tribunal Bill passed by the Kerala Assembly is proof for this influence.
It was after detailed study that the expert committee recommended legislation. The committee objectively evaluated environmental destruction, disintegration of the soil, water pollution, fall in agricultural production, health hazards caused by cadmium, lead and chromium, social issues and economic issues. Coca cola Company’s extraction caused significant reduction in underground water level. The company worked violating existing laws; it polluted water sources; it made soil unsuitable for cultivation; it reduced agricultural production considerably. Milk and poultry producers had huge losses. Public health was affected resulting in low birth weight and infant illnesses. Water became so scarce, that women had to traverse kilometers to fetch water. Children’s education was disrupted. The expert committee had submitted its report with evidence for all these adverse effects. It had estimated a loss of Rs 216.26crores.
The Govt. of India has adopted a very strange stance in this matter. Usual procedures were not followed and recognition was denied to the bill in order to arrive at a decision favourable to the transnational company, which was obliged to pay compensation. What happened in the case of this bill is the onslaught of the executive on the legislature.
The state government took no sincere effort to get the bill approved or to proceed further on the matter. The state legislature can use its powers to defend against the might of the transnationals which can immobilize the former’s right for legislation by using the latter’s influence on the executive. The government can implement the Plachimada Compensation Tribunal Bill with necessary amendments and the approval of the Governor. The LDF had promised in their election manifesto in 2016 that the compensation issue would be solved. Though 7 years have passed, nothing has been done so far.
Even now the legislative assembly can pass the bill and send it for the President’s approval. However, if there is again a situation in which the Union govt. denies permission to the bill, this meeting requests that the state govt. should take a strong stand against the Union Govt’s violation of federal principles and should take its own initiative to get it passed with the approval of the governor. If the Govt. is unwilling for such legislation, this convention requests that it should be ready to pay the people of Plachimada the compensation of Rs 216.26 crores arrived at by the expert committee appointed by the Govt and chaired by Dr K Jayakumar, the then Addl. Chief Secretary.
This convention also decides to go ahead strongly with the Plachimada Satyagraha to find an immediate solution for problems remaining to be solved in the Plachimada issue.
We request that all democratic forces should support this struggle.
