RESEARCH FOUNDATION Vs. UNION OF INDIA

JUDGEMENT

(1.) BY order dated 17.2.2006 in the present W.P.(C) No.657/1995 this Court passed the following order:

(2.) SUBSEQUENTLY, time for submission of report was extended from time to time. It appears that in compliance with the aforesaid order the Ministry of Environment and Forests after getting views of the concerned ministries and organizations constituted a Committee for recommending on issues relating to Ship Breaking. In terms of order of the Ministry dated 24.3.2006 the Committee was headed by the then Secretary, Ministry of Environment and Forests and comprised of experts from reputed organizations like National Institute of Occupational Health (NIOH), Ahmedabad, Indian Toxicological Research Centre (ITRC), Lucknow, retired Naval Officers, Academicians from Indian Institutes of Technology (IITs) of Kharagpur and Chennai and Central Pollution Control Board (CPCB). The Committee after examining various materials and details has submitted its report. During its various sittings, agencies and individuals were called for discussions. They included the Gujarat Maritime Board (in short 'GMB'), Department of Ports, Govt. of Gujarat, representatives of Alang-Sosiya Ship Breakers' Association (in short 'ASSBA Breakers'), Gujarat Pollution Control Board (in short 'GPCB'), Department of Customs, Alang, Directorate of Industrial Safety and Health (in short 'DISH' of Govt. of Gujarat), Representatives of Workers at Alang Sosiya Yard, Assistant Labour Commissioner, Gujarat Enviro Protection and Infrastructure Ltd. (in short 'GEPIL'), operators of Treatment, Storage and Disposal Facility (in short 'TSDF') at Alang. The Committee as it appears from the reports has undertaken a very elaborate and detailed study of the problems and has also suggested valuable norms and solutions. It has focused on the "Hazards Associated with Ship Breaking" under this broad head. Reference has been made to hazards in ship breaking industry, occupational and health issues, primary preparation and breaking, occupational health hazards associated with different stages of ships, secondary breaking and sorting and handling of hazardous materials. It has also focused on ships of special concern and the assessment of hazardous wastes and potentially hazardous materials. It has also referred to occupational health and safety issues at Alang-Sosiya Yard and the asbestos related issues. Reference has been made to studies conducted by National Institute of Occupational Health and Workers evaluation of State and the Demonstration facility for Asbestos Removal. It has categorized the "ships of special concern" as follows:

(3.) IT has also suggested sequence of steps/process for grant of clearance by SMB/SPCB/Customs Department for ships destined for dismantling at Ship Breaking Yards. The same reads as follows: