2011 (1) TMI 1331 - SC - Indian Laws

Whether any statutory fundamental or other right of any person is being violated and an activity which is prohibited under law is being carried out i.e. production and manufacture of asbestos and allied products? Whether the Government is actively permitting such illegal activity? Second whether in any case this Court can in law direct the banning of this activity if not what directions can be issued by the Court?

Issues Involved:
1. Ban on the use of asbestos.
2. Identification and certification of workers/victims suffering from asbestos-related diseases.
3. Measures to prevent harmful effects of asbestos in factories.
4. Initiation of criminal proceedings against responsible persons.
5. Allegations of abuse of process and lack of bona fides in filing the petition.

Detailed Analysis:

Ban on the Use of Asbestos:
The petitioner, a registered society, sought a writ of mandamus to ban all uses of asbestos in India, citing its carcinogenic properties and health risks. The court acknowledged the hazardous nature of asbestos but noted that there is no existing law banning its use. The court emphasized that it cannot legislate to ban asbestos and that the activity, if conducted under specified parameters and supervision, cannot be deemed illegal. The court referred to a previous judgment in Consumer Education and Research Centre v. Union of India, which had already addressed the issue and issued directions for safe use. The court concluded that proper precautions and regulatory control, rather than a complete ban, are necessary.

Identification and Certification of Workers/Victims:
The petitioner also requested the formation of a committee to identify and certify workers suffering from asbestos-related diseases. The court noted that the petitioner failed to provide specific data or detailed facts regarding uncontrolled or unauthorized asbestos activities. The court directed the Ministry of Labour and State Governments to ensure strict adherence to the guidelines issued in the Consumer Education and Research Centre case and to review safeguards for primary and secondary exposure to asbestos.

Measures to Prevent Harmful Effects:
The petitioner alleged a failure to provide safety equipment, regular health check-ups, and proper treatment to workers. The court found that the states and the Union of India had taken measures to ensure compliance with safety standards. The court directed the concerned authorities under the Environment (Protection) Act, 1986, to ensure that all protective steps are taken before issuing environmental clearances.

Initiation of Criminal Proceedings:
The petitioner sought criminal proceedings against those responsible for infringing the right to life of asbestos victims. The court did not find sufficient grounds to issue such directions, emphasizing the need for better supervision and regulatory control rather than criminal proceedings.

Allegations of Abuse of Process:
Respondents, particularly the Asbestos Cement Product Manufacturers Association, alleged that the petition was an abuse of the court process, filed at the behest of a business rival. The court examined the petitioner's conduct and found that the petition lacked bona fides and was an abuse of the process of law. The court noted that the petition was filed without proper study or data and was intended to create business opportunities for a rival company. The court issued a notice to the petitioner and B.K. Sharma to show cause why contempt proceedings should not be initiated and why exemplary costs should not be imposed.

Conclusion:
The court declined to grant the petitioner's prayers for a ban on asbestos and other related reliefs. However, it issued directions to ensure strict adherence to existing guidelines and review safeguards for asbestos exposure. The court also addressed the abuse of process allegations, highlighting the need for genuine public interest litigation and cautioning against misuse of the judicial process.

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