Delayed justice: Note on the status of Plachimada Tribunal Bill 2011, Kerala: Divya Kalathingal

Brief history of the Plachimada Anti-Coca Cola struggle

Plachimada has become a bold name in the dictionary of peoples movements of India since 2002 because it symbolizes resistance against “global interests”.This is because of it’s unbowed struggle by the local people of that area - mainly Adivasis and Dalits and predominantly landless agricultural labourers. The local struggle has received consistent support from people of different walks of life against the biggest global water exploiter Coca Cola. 

Plachimada is a small village in the Perummatty Panchayat of Palakad district of Kerala. On contrary to their offer of development in the villages and jobs , water level of that area become sharply depleted, quality of the water changed, the villagers had forced to walk Kilometres to collect water , farmers were forced to give up their cultivation due to severe shortage of water etc. within six months of operation of the factory. In 2002, villagers launched an agitation against the plant.

Who is this Coca-Cola?

Coca-cola, an Atlanta based ‘soft drink’ company reintroduced in India after its ban of sixteen years. In 1977, Cola had to leave the country based on the Foreign Exchange Regulation Act, but it was whole heartedly welcomed in India by the Liberalization policy in 1993..! It’s products range from Coca-Cola, diet Coke, Sprite, Fanta, Schweppes, Thums Up, Limca, Maaza, Citra, Gold Spot, Kinley water etc etc.. “The Coca-Cola Company received approval from the government in July 1996 to set up a holding company to invest US$700 million in downstream operating subsidiaries to engage in the preparation, packaging, sale and distribution of beverages. In July 1997, the holding company was permitted by the government to operationalize its bottling subsidiaries. The bottling subsidiary currently owns and operates twenty-six bottling plants and sixty distribution centers across India. The company claims that the Coca-Cola system in India directly employs over 7,000 workers. For every direct job in the system, seven indirect jobs are created in the supply chain. However this has not been materialized in Plachimada where only 30 odd locals are being given some casual jobs, that even as contract labourers. According to the company, over the past nine years, it has invested US$827 million in India, US$805 million of which has been invested in its bottling subsidiary. This makes Coke as one of the major investors in India. It seems that the company used unethical methods to overcome FDI ownership regulations, which stipulates that foreign companies must hold an initial public offering (IPO) when establishing a company, allowing locals to buy a stake.” (quoted from this document)

Banning of the “Soft drink”

A study conducted by the Centre for Science and Environment in 2003 shows Pepsico and Coca cola contain toxins including lindane, DDT, malathion -pesticides that can contribute to cancer and breakdown of the immune system. Water Analysis done by the Regional Analytical Laboratory shows that the water is not advisable to employ because of the high alkaline and chloride content. With the help of BBC team, the sludge was tested in the UK and test revealed the presence of cadmium and lead and it has started contaminating the water supply and its level was above the prescribed level of WHO. The involvement of international media could carry forward the struggle into the global level. Scientific studies emphasizing water contamination and pesticide presence in the cola also fuelled the struggle, and the people of Plachimada started an indefinite strike against the factory. Perumatty Gramapanchayat stood strongly with the people in the legal war, Panchyat cancelled their license many times. Later on GP was forced to renew the license based on a division bench verdict by the Kerala High Court. The Pollution Control Board disagreed to renew the license because the Company’s application was incomplete and they did not mention cadmium and lead in their solid waste list. In 2006, Kerala state Govt. banned the sale and production of Coca-Cola, along with other soft drinks, due to concerns of high levels of pesticide residue, but High Court of Kerala overturned the Kerala ban, ruling that only the federal government can ban food products..!!

HLWC and The Bill

In 2009, state formed a High Power Committee to consider the environment and other issues created by the functioning of the Coca Cola factory, but they limited their study by calling for people to take their loss and it remained as a compensatory package of Rs 216 crore to acquire from the company. Certain conditions cannot be revised in this area such as ecological damage caused by the company to the entire area and its impact on health, agriculture, employment and also the most important thing is that scarcity of potable water etc. cannot be covered by this package. The committee also recommended the setting up of a special tribunal to assess damages and to recover that amount from the company.

Some of the features of Tribunal:

• Tribunal consists of three members-Legal expert, Technical expert and Environment expert
• The word Dispute in the bill shall confirm into two prerequisites-One, Parties to the dispute shall be company on he one hand the residents of the Perumatty and Pattencherry Panchayt on the other side. State govt can expand the list of Panchayats as and when necessary. So the bill has the scope to include the nearby villages necessary. Second, the subject matter of the dispute shall be ‘any issue in respect of matters arising out of violation of the provisions of the laws relating to the environment, air and water pollution’.
• Tribunal has jurisdiction to ‘entertain applications for compensation or restitution of property damaged’. The bill provides that dispute pending before any court(except High Court or Supreme Court) or other authority shall be transferred to the tribunal.
• The Bill makes it mandatory for the Tribunal to apply the principle of sustainable development.

C.R. Bijoy, a social activist writes that the crucial issues such as governance rights in water resources of the local people and the criminal liability of Coca cola should have been the focus of Plachimada struggle, never been a matter of discussion. It has been more than two years since the Kerala Assembly passed a Bill to set up a Tribunal. Even though The Plachimada Coca cola Victims Relief and Compensation Claim Tribunal Bill, 2011 is not trying to give answers to all the damages that caused in Plachimada by the Coca Cola plant, it is not signed by the Indian president for the last two years. Kerala governor has sent this bill to the President for the approval, but it should go through the home ministry to the president. Other than sending the bill to the President, Chidambharam, Union minister has sent this to different departments for their suggestions, none of the depts turned against the bill. That bill was supposed to send to the President with feedbacks from the other depts.. Neither Indian president signed in this nor they have sent back this to the Kerala Governor by saying that it is under state Govt. Jurisdiction. The Kerala right regime has completely failed to materialize the bill by pressuring in the Central Govt. (Coca Cola was also brave enough to launch “safe drinking water” scheme named “Jeevadhaara” in Ernakulam Govt Hospital as part of their CORPORATE social responsibility in 2011)

How can the student community contribute?

Globally, there has been various campaigns against Coca cola’s pollution in two issues which are always getting highlighted, one is Plachimada and the other is murder of Trade Union leaders inthe Coca Cola factory in Columbia. Anti coca cola struggles always received a huge response from the student community across the world. Many universities of UK and USA denied permission for the coca cola vending machine in their campuses. It could only create one million dollar business loss to the company. Whatever limitations The Plachimada Tribunal Bill holds, it remains as the only relief for the victims of ground water depletion and environmental pollution. Many groups of Kerala are launching a continuous campaign to materialise the bill from this month onwards. Student community all over the world showed their solidarity for the struggle from the beginning itself. We can also be a part !

Be in solidarity with the people of Plachimada

Coca Cola -QUIT PLACHIMADA; QUIT INDIA

Divya is a 2^nd year M Phil Scholar at T.I.S.S, Mumbai

She can be reached at divyakmankada@gmail.com