EMPOWERING - THE RIGHTS OF POLLUTION AFFECTED PEOPLE

A community can both be the protector and the destroyer of its environment; community's capacity to transform its environment -if used wisely: can bring to all people the benefits of development and the opportunity to enhance the benefits of development and the opportunity to enhance the quality of life: or heedlessly applied; the same power can do unaccountable harm to the human beings and environment. It is time when we must shape our actions rationally toward the environment. Through ignorance or indifference, we cause massive and irreparable damages to the environment on which our life support system depends. The citizens, the communities, the enterprises and the institutions must know their rights and accept responsibility towards the environmental and share equitably in their common efforts to shape the environment and improve the quality of life of the present as well as the future generations.

The rapid growth of population, production, power, place and pollutants in our poverty stricken society is causing harm to the environment and reflecting an urgent need to prevent further degradation to quality of life and environment Massive Industrialisation and urbanisation coupled with the use of hazardous and inherently dangerous substances have caused unprecedented industrial disasters like Bhopal gas tragedy and Oleum and Chlorine gas leak accidents in our country. The victim of Bhopal suffered the worst industrial disaster in the history of world but their claims for proper and adequate compensation made travesty of justice. The community demanded for a system which protects them from death, injury and persistent insecurity because of the ineffective system of industrial disaster, accident prevention, post-disaster relief, medical and legal assistance.

The Permanent People's Tribunal (P.P.T.) based in Rome examined the violation of the rights of pollution affected people due to hazardous activities and suggested remedies for such violations. It prepared a charter of Industrial hazards and human rights of persons injured and distressed due to industrial hazards. The rights of the communities under the charter are summarised below :

Right to Living Environment free from Hazards :

Every community has a right to a living environment free from hazards. Any member of the community can make complaints to the owner or occupier of industry for any hazardous activity carried on by it. If such hazardous activities can not be eliminated, then he has a right to protective safety as much as possible. The owner or occupier can not refuse to provide the most effective system of protective safety on the grounds of cosi or inconveniences to him. The community members and workers have the right to organise with other communities and workers for the purpose of seeking working environment free from hazard.

Right to Accountability :

The community has the right to hold accountable any individual, company or government agency for action resulting in hazards.

Right to Refusal :

The community has the right to refuse introduction, expansion, or continuation of hazardous activities in its living environment.

Right to Environmental Information :

The community has the right to get reasonable notice of any proposal of establishment, expansion or modification of any hazardous industry in the area, which is likely to affect the public health or environment. The right is created to ensure that communities, individuals, and non-governmental organisations shall have the right of access to full information regarding such a proposal. Such information should not be withheld from them on the grounds of commercial or official secrecy. Environment Impact Assessment Statement on the public health and harms to environment, conducted consultation with the community with proper debate on controversial issues.

The community has right to be informed in its local language, of any possible risk or danger associated with such activity. The community has the right to know the safety records of the concerned Industry including the number of accidents, types of accidents that have occurred including the extent of injuries resulting from such accidents, and possible immediate (short-term) and long-term adverse health affects due to the accidents.

The community has a right to know the types and quantity of hazardous substances used and stored in the industry. It should have access to regular toxic release inventories. Public-spirited persons may be permitted to physical!)' verify the hazardous substances and processes. All the persons living in the neighborhood of the hazardous industry have a right to be examined regularly by an independent medical expert at the expense of the owner or occupier of the Industry

Right to Participation :

The community has a right to participate in the planning and decision making processes affecting their environment. The community has a right to express its views and objections to any hazardous activity. The community has further a right to .participate in the on going studies determine the nature of hazardous activity and harm likely to be caused to the environment.

Right to Environmental Monitoring :

The community has a right to regular health check-up and damage to environment for possible immediate and long- term effects of hazardous activity. The community has the right to be consulted on the frequency, character and objective of environmental monitoring. It the community has a bonafied apprehension of irreversible damages to environment then  it can have an immediate and thorough investigation carried out by an independent agency.

Right to Education :

The community has a right to effective, dissemination of information regarding hazards based on the best available information and standards.

Right to Emergency Preparedness Programme :

The community has right to adequate emergency pareredness programme including naming system and immediate relief effort. The community has claim from the State to make available police, fire-fighters, medical and para-medical facilities, and disaster management services to the community at risk.

Right to Enforcement of Environmental Law :

The community has a right to protect the local environment and get inspected by trained environment inspectors and initiate punitive legal action whenever there is serious violation of the law.

The community has right to environment management in compliance with precautionary principle so that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason to postpone cost-effective measurers to prevent hazard and environmental degradation.

Right of Local People :

The community having distinct identity and culture has right to protect its habitat, economy, society, and culture from industrial hazards and environmentally destructive practices.

Right to Relief and Compensation :

All persons injured or harmed by any serious hazardous activity have right to speedy and effective relief. This right includes right to fair and adequate monetary-compensation paid to cover all cost including :

1.  Loss due to death

2.  Loss due to injury to the person or property

3.   Medical expenses including tests, therapies, hospitalisation, and medicine.

4.  Travel expenses incurred

5. Loss due to earning low-wage or loss of employment

6.  Harm due to the environmental and expenses in its rehabilitation.

7.  Expenses on professional services.

Right to Professional Services :

All persons adversely affected by the hazardous activity have right of access to effective professional services including medical experts, services of the lawyers, scientific experts, and journalists.

When there is a dispute or doubt with regards of expert's advice, the affected person has right to genuinely independent advice free from fear and favour.

Right to immediate Interim Relief :

All persons adversely affected by a hazardous activity have right to immediate and adequate interim relief to alleviate their injuries and suffering during the time that liability and compensatory damages are being determined.

A proper application of these rights by the community will mitigate to a large extent the repetition of tragedies suffered by victims of Bhopal Gas Tragedy.