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Ex- US toxic ship entry in Indian waters challenged in Supreme Court

Ex- US toxic ship entry in Indian waters challenged in Supreme Court

New Delhi 27/4/2012: An application has been filed in Supreme Court in the matter of a hazardous end-of-life vessel named 'Oriental Nicety' (formerly Exxon Valdez, Exxon Mediterranean, Sea River Mediterranean, S/R Mediterranean, Mediterranean, and Dong Fang Ocean) which has been purchased by Best Oasis Company, (a subsidiary of Priya Blue Industries Pvt Ltd) in the Indian waters in the name of dismantling and recycling. The minutes of the court constituted Inter-ministerial committee (IMC) on shipbreaking and a sensitive document that has been filed in the court reveal the repeated security concerns which remain unaddressed.

The hazardous wastes/shipbreaking case Writ Petition (Civil) 657/1995 is coming up for hearing on May 3, 2012.

The following are the prayers in the application.

A relevant sensitive document (that is corroborated by recent minutes of IMC's 14th meeting dated February 2012) is
(i) Direct the Union of India to ensure that no end-of-life ship should be allowed without prior decontamination in the country of export as per this Hon’ble Court’s order dated October 14, 2003,

(ii) Direct the Union of India to send back all hazardous wastes laden end-of-life ships entering/ or have entered the Indian territorial waters without prior informed consent and without prior decontamination keeping in view the environmental principles,
(iii) Direct inquiry by an independent trans-disciplinary investigating agency to ascertain the circumstances of the dead US ship’s arrival in Indian territorial waters, to make concerned officials accountable for their acts of omission and commission and seek a detailed report on more than 1200 ships broken in last 5 years and more than 5924 ships broken since 1982;
(iv) Direct Union of India to ensure compliance with the recommendations of the Hon'ble Court constituted Inter-ministerial committee (IMC) on ship-breaking

The illegal traffic of this dead ship must be stopped besides investigating the possibility of fake documents which came to light in the earlier case of Platinum II, a US ship. The Ministry of Environment & Forests has invoked the Precautionary Principle and directed that granting permission for beaching and breaking, purposes of the ship will not be advisable in the case of Platinum II. It may be mentioned that precautionary principle is the basis of UN conventions, such as Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and Stockholm Convention on Persistent Organic Pollutants (POPs). India is a signatory to these conventions and has ratified them as well. The ex-Exxon Valdez is violating these international laws besides the court's order.

For Details: Gopal Krishna, ToxicsWatch Alliance (TWA), New Delhi, New Delhi, Phone: +91-11-2651781, Fax: +91-11-26517814, Mb: 9818089660, E-mail: krishna1715@gmail.com, Web: toxicswatch.blogspot.com

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