Resentment is brewing among victims of the groundwater exploitation and pollution caused by Coca-Cola at Plachimada village of Palakkad over the lackadaisical attitude of Kerala’s Home Department in registering a case under SC and ST Prevention of Atrocities Act against the multiational aerated drinks major. It was the Plachimada High Power Committee constituted by the State government to look into the damage caused by the company that recommended registering of a police case and follow-up action under the atrocities act as most victims hail from Eravala community, the most backward among the Scheduled Castes.
As per Section 3.13 of the Act, wilful pollution of drinking water sources of Scheduled Tribe and Scheduled Caste communities would invite criminal prosecution. It was during last year when Union Home Ministry returned the Plachimada Tribunal Bill passed unanimously by the State assembly for ensuring relief and compensation to the victims without forwarding it to the President for his assent, that the local community approached the Special DySP in Palakkad who handle cases of atrocities against SC/ST communities urging the official to initiate criminal proceedings against the company, which caused damage worth Rs. 216 crore to the agrarian village. Over 200 SC community members had signed the petition but no follow-up action was taken. Though the victims approached Chief Minister Oommen Chandy and Home Minister Ramesh Chennithala bringing the issue to their attention, no step was taken to ensure justice to the rural poor.
‘Only water source’
“It is quite strange that the police have decided not to take action as wilful pollution of the drinking water source of the STs remains a punishable offence under Section 3.13 of the Act. The victims are mainly people whose only drinking water source was the panchayat well that was wilfully polluted by the company with cadmium, lead and arsenic, as determined by the Pollution Control Board, the Supreme Court Monitoring Committee and the Plachimada High Power Committee,” said Dr. S. Faizi, technical member of the High Power Committee.
“When I contacted Meenakshipuram sub inspector over phone to apprise him of the gravity of the issue, he was found totally misunderstood about the entire Plachimada crisis. He was just repeating the same unfounded arguments of the Cola company rejected by the Supreme Court Monitoring Committee and the robust findings of the High Power Committee and the founding principles of the compensation Bill passed by the Kerala Assembly,” added Mr. Faizi.
“There is voluminous evidence that the company’s heavy metal pollution causing operation was illegal. That was the reason why the PCB had ordered the closure of the company. However, the police officials argue that the company’s operation was legal. Police officials argue that the company’s pollution was not intentional which is patently wrong as the company was fully aware of the lethal consequences of its operation,” said C. Pazhani, one of the victims. “The Plachimada issue involves a very serious case involving technical and complex legal matters. The police never consulted us though the local community submitted a copy of the report of the High Power Committee. Only a technically competent investigation team that can address the legality of the law passed by the Assembly can carry forward the investigation in the case,” said Mr. Faizi.
“Though the Coca Cola unit was closed down in 2005, the damage caused by it to our livelihood and drinking water rights still remain unaddressed,” said M. Sarasa, another resident of the locality.
