Reported by
Legal Review by
Edited by
Updated by
Published on
July 21, 2022
July 25, 2022
Edited on
July 21, 2022
Hindustan Unilever Ltd.'s (HUL) thermometer factory, was in the news again for the mercury waste it had disposed off in 2001 in Kodaikanal. Set up in the 1980s, the factory was forced to shut down in 2001. The factory had dumped mercury filled glass thermometers in the scrapyard in Kodaikanal and the nearby watershed forest, causing soil and water pollution in the area. Activists alleged that the mercury pollution caused by the now defunct factory unit led to deaths of at least 45 factory workers and 12 children. In 2003, the company exported nearly 300 tonnes of dumped mercury waste from Kodaikanal to the US for recycling.
But the company provided no relief to its workers who reported ailments including kidney failure, heart ailments, skin allergy, etc. Instead, HUL denied having caused such a massive scale of pollution, citing studies conducted by different technical experts to argue that mercury did not cause any negative impact on workers' health. Despite the denials by HUL, a study by the Department of Atomic Energy in 2016 found mercury levels in the area to be 11 times more than the standard set by the United States Environment Protection agency and nearly 20 times higher than Canadian safety standards. Following a 15 year old campaign led by the ex-workers of HUL's Kodaikanal factory unit, the Madras High Court issued an order in 2016, directing HUL to provide compensation to the families affected by the mercury pollution caused by the factory. In 2016, the company provided ex-gratia compensation to 591 former workers/association members and their families.
HUL's Kodaikanal unit resurfaced in the news in 2021 after it felled more than 300 trees in its now defunct factory, which lies next to the Kodaikanal Wildlife Sanctuary. The tree felling by HUL was carried out in 2020 as part of its activities for soil remediation or clean-up. Activists in the area opposed the tree felling on the ground that HUL did not have the required clearances for felling trees. It is also feared that clearing trees might cause mercury contamination in the nearby Pambar-Shola forest, and the perennial Pambar river, which is half a kilometre from there.
In April 2022, the National Green Tribunal (NGT) ruled that there were no violations in the bio-remediation for mercury contamination carried out by Unilever in Kodaikanal, which involved felling of trees. Taking note of the matter on a suo motu basis, the NGT declared that HUL had the necessary permissions from the Central and Tamil Nadu Pollution Control Boards for conducting its bioremediation activities.
Nityanand Jayaraman, an environmental activist who has been fighting against the mercury pollution by Unilever, told LCW that the judgement had missed the point raised by the respondent. “It has not gone into our allegation of the washing away of mercury into Pambar Shola. Further, the Chief Wildlife Warden did not authorise the clear-felling of trees which were located inside the Kodaikanal Wildlife Sanctuary.” He further said that activists were examining the possibility of further appeal against the verdict, but it was unlikely.
Complaint against procedural violations
Opposition against environmental degradation
Demand for compensation
Urban
Common and Private
Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal, Southern Bench
Case Number
Original Application No. 161 of 2021
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Community-based participatory research
Protests/marches
Development of a network or collective
Media-based activism/alternative media
Artistic and creative actions (theatre, murals, art, music etc)
Boycott of company's products
Government Departments Involved in the Conflict:
Tamil Nadu Pollution Control Board, CSIR-NEERI, Central Pollution Control Board, Department of Atomic Energy
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Hindustan Unilever Ltd
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Tamil Nadu Alliance Against Mercury, Chennai Solidarity Group, Jhatkaa, Chennai Climate Action Group
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
A satellite image showing the clear-felling of trees by Unilever.
Image Credit:
kodaimercury.org
Image Credit:
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