nterim report of the Kathikudam Fact Finding
Commission
THRISSUR, 30 and 31 July 2013
by
comrade cr neelakandhan
The news of police action against those agitating against the Nitta
Gelatine India Ltd.,(NGIL, formally known as Kerala Chemicals and
Proteins Ltd.) plant on 21 July 2013 in Kathikudam, Kerala, shocked the
members of the civil society of the country. Various organisations
across the country have come together in the form of this Commission to
look into the matter. The team visited the site of the agitation of the
NGIL Action Committee and some of the spots which are affected by the
pollution of NGIL. The team also interacted with the affected residents
and the members of Kadukutty Gram Panchayat to get a better insight into
the pollution that the villagers have been alleging and the event that
transpired on 21 July 2013.
The following are the preliminary observations made by the team:
1. That it is inescapable that the villagers around the plant are the
victims of toxic pollution being indiscriminately caused by the NGIL
plant. This is evident not merely from the oral testimonies of the
villagers but is corroborated by the numerous independent reports and
tests conducted by the State Pollution Control Board, which are in the
possession of the team members.
2. That the events that transpired on 21 July 2013 is nothing less than a
cowardly attack by the police on a peaceful and democratic protest of
the villagers which was conducted in a clinical, premeditated and
ruthless fashion wherein those participating in the protest including
women and young children were mercilessly beaten both on the spot of the
agitation, in-transit and while they were illegally detained at the
police station. An atmosphere of terror was created, the traces of which
were even lingering today and is evident from the testimonies of scores
of men, women and children whom the commission spoke to.
3. That the lathi charge was carried after 3.30 pm when a majority of
the 2500 strong protestors had dispersed and a mere 200 protestors
remained and were winding up the demonstrations at the factory entrance.
This unprovoked attack was carried out without any orders from the
competent officials, without any warning and by a police force that was
largely under the influence of alcohol.
4. That the police officials chased the protestors from the site of the
agitation to their homes, verbally abused them, vandalised their
properties and vehicles, and looted valuables like cell phones, cameras,
jewellery, cash etc.
5. That the actions of the police are in blatant violation of the
fundamental rights guaranteed under the Constitution of the country and
their human rights. The victims of this heinous assault are entitled to
an unconditional apology and monetary compensation.
6. That the struggle being undertaken under the aegis of the NGIL Action
Council is a just struggle for a right to life guaranteed under the
Constitution and a fulfilment of the fundamental duties under Article
51(g). In fact, the residents are being brutalised for upholding the law
and discharging the duties of the Pollution Control Board and the State
Government.
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In
light of the above, we are constrained to issue the following interim
recommendations:
1. That the State Government to issue an unconditional apology to the
residents and their NGIL Action Council immediately;
2. Take immediate action against the errant police officials responsible
for this attack;
3. Compensate for all the physical and mental trauma caused and medical
cost still being incurred by all those who have been subject to violence
during the lathi charge;
4. Take all necessary steps to ensure that all the property stolen by
the police are returned to their rightful owners;
5. Take immediate action on the ongoing pollution from NGIL;
6. That the brutal attack on the peaceful demonstrators, the injuries
caused to them, the theft and destruction of their property clearly
validates their suspicion that NGIL in collusion with the State
Government has consciously misled the High Court of Kerala and abused
the process of law.
7. Initiate credible steps to end the fast by four protestors in the
Viyyur Central Jail, Thrissur and order interim compensation.
It is our humble advice to the State Government that these recent events
that have transpired are nothing less than a blot on the democratic
fabric of this nation and any lack of credible steps by them will only
further erode the already diminishing faith in Indian polity.
Members of the Commission:
Adv. Clifton D'Rozario – Advocate Karnataka High Court, and member of
Alternate Law Forum
Vimalbhai, National Organiser – National Alliance of People's Movement
Shweta Narayan – Environmental Activist with specialisation in Toxics
Dr. T V Sajeev – Scientist, Kerala Forest Research Institute
Dr. J Devika – Sociologist, CDS
Adv P A Pauran – Advocate and General Secretary PUCL, Kerala
For more details please contact:
C R Neelakandan – 9446496332
Email: neelan2011@gmail.com
