Hotline Asia Urgent Appeals -- UA100308(2)

Action Requested || Sample Letter || Background
Please respond before 31 March 2010

Summary
Villagers from indigenous communities in Dharavi Bhet (island) in Mira-Bhayander municipal boundary, west of Mumbai, have been protesting against a garbage recycling plant, Hanjar Biotech Pvt. Ltd., of the Mira-Bhayandar Municipal Corporation, which has caused deterioration of their health and the natural environment. Since the plant started operation in 2007, the villagers have been suffering ailments like bronchitis, tuberculosis, malaria, dengue, viral fever and other diseases because the waste drained from the plant was not treated properly and contaminated the lavish green field and drinking water nearby. As the stench from the plant on the hill top was widely carried around by wind, health of villagers living around the plant is seriously affected.

Instead of leaving the habitat, where they have stayed for 700 years, the villagers have united to protect their land and demanded scrapping of the Plant. Instead of paying attention to the adverse effects of the Plant, the authorities suppressed the peaceful protests and harassed the activists. For example, on 24 September 2009, police dispersed their peaceful rally by baton and tear gas. On 20 January 2010, the District Magistrate issued a "Tadipar Notice" to bar the leading activists from entering the Mira Bhayandar and its neighbouring districts for two months. Besides, a number of criminal cases have also been filed on protestors, including local villagers and supporting groups.

- stop the operation of Hanjar Biotech garbage recycling plant which runs without consent from Dharavi Bhet villagers; and
- stop harassment of protestors who oppose the Plant.

Sample Letter

Background
Dharavi Island is the last bastion in Mumbai for the indigenous communities, such as Kolis (fisher folk), Agris, Kunbis and Bhandaris. The villagers have preserved their languages and their East Indian Christian culture for the past 700 years. However, their life has been threatened since the garbage recycling plant, Hanjar Biotech Pvt. Ltd., of the Mira-Bhayandar Municipal Corporation (the Plant), started operation.

When the Plant was to be constructed in the "No Development Zone" in 2003, a memorandum with over 5,000 signatories of the villagers was submitted to the Mira-Bhayandar Municipal Corporation. Then the Corporation proceeded to de-reserve the site. According to the Monopolies and Restrictive Trade Practice Act, it is mandatory to have a public hearing for de-reservation of any site to initiate a project on a "No Development Zone". However, no such public hearing was held and the Corporation did not respond to the memorandum. James Colaco, the only Corporator (an elected village representative to the Municipal Corporation) among four who openly raised objection to the Plant in the Corporation meeting, was threatened with dire consequences.

The plant formally began operation in October 2007. During the monsoon season, the smell and waste from the Plant seriously affected the area. The villagers started demonstration in November 2008 and succeeded to enforce the closure of the Plant for one month. The plant authorities promised to improve the safety conditions to contain effluents but the problem re-emerged in the following monsoon period. The villagers united to protect their homelands and slowly gathered support from civil groups inside and outside the Dharavi region, such as Yuva Bharaat and Lokshasan Andolan.

In September 2009, the villagers launched a signature campaign demanding scrapping of the Plant, which collected 17,500 signatures. But their demand was not heeded. On 13 September 2009, a demonstration rally was organized, with participation of 10,000 villagers. The protestors blocked all the garbage trucks from entering the dumping ground while other vehicles could pass the blockade freely. (Please refer to JPW Bulletin No.4 2009 at http://www.acpp.org/jpwb/jpwb0904.htm)

On 23 September 2009, High Court ordered the authorities to provide police escorts to the garbage trucks but the villagers refused to make way. The situation was getting intense. The next day, with no senior officer present, police used lathi charge (beating with baton) and tear gas shells (with an expiry date of 1999) to disperse the rally, both of which are only allowed in the presence of the senior officer. Women were also attacked by male police personnel, against the rule. The suppression caused serious physical harm to protestors. 28 protestors were arrested and falsely charged. A complaint was filed against the police with the National Human Rights Commission filed under Case No. 1734/1330/09-10/OC/M-3.

Since September 2009, several negotiations took place between the authorities and villagers but no consensus was drawn. Unexpectedly, on 20 January 2010, the District Magistrate issued a Tadipar Notice on leading activists, such as Justice Kolse-Patil, Com. Vilas, Shashi Sonawane, and local villagers, such as James Colaco, Sunny Gadekar and Ronnie Correa. The activists were barred from entering Thane and its neighbouring districts for two months. The restriction on activists is believed to be a way to undermine the communities protesting against the Plant and its operations.

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