Plachimada Case Study
International Environmental Law Research Centre
LEGAL IMPLICATIONS OF PLACHIMADA
A CASE STUDY
Sujith Koonan
IELRC WORKING PAPER
2007 - 05
This paper can be downloaded in PDF format from IELRC’s website at http://www.ielrc.org/content/w0705.pdf
International Environmental Law Research Centre International Environment House Chemin de Balexert 7, 1219 Châtelaine Geneva, Switzerland info@ielrc.org www.ielrc.org
TABLE OF CONTENTS
INTRODUCTION I. II. THE BACKGROUND LEGAL AND INSTITUTIONAL FRAMEWORK A. B. C. III. Analysis of Pollution Control Laws Institutions: Powers and Failures The Role of the Panchayat
1 1 2 2 4 6 7 7 7 8 8 9 9 11 12 12 14 14 15 17
PLACHIMADA IN THE KERALA HIGH COURT A. B. Background of the Case Principles in the Case 1. Public Trust Doctrine 2. Common Law Jurisprudence on Ground Water Case Law Analysis 1. Single Bench Decision 2. Division Bench Decision
C.
IV.
THE FUTURE: AN ANALYSIS A. B. Plachimada in the Supreme Court: The Future The Ground Water Act 1. Introducing the Act 2. Critical Analysis of the Act
V.
CONCLUSION
INTRODUCTION
Plachimada is often cited as a prime example of corporate aggression over natural resources and the consequent denial of the rights of the people. It has also been portrayed as the fight against a multi national corporation by a small section of the local population in order to protect basic human rights, such as the right to drinking water and the right to livelihood. What happened in Plachimada is often raised in discussions about the state’s actual record (as opposed to the position that the state ought to take) in the ‘fight for basic human rights.’ Plachimada, a small village in Kerala, became the centre of controversy after The Coca Cola Company set up a bottling plant there. The village became more famous (or infamous) after incidents of pollution and over extraction of groundwater by the Company, were reported by various organisations and the popular media. Those who campaigned against Coca
LEGAL IMPLICATIONS OF PLACHIMADA
A CASE STUDY
Sujith Koonan
IELRC WORKING PAPER
2007 - 05
This paper can be downloaded in PDF format from IELRC’s website at http://www.ielrc.org/content/w0705.pdf
International Environmental Law Research Centre International Environment House Chemin de Balexert 7, 1219 Châtelaine Geneva, Switzerland info@ielrc.org www.ielrc.org
TABLE OF CONTENTS
INTRODUCTION I. II. THE BACKGROUND LEGAL AND INSTITUTIONAL FRAMEWORK A. B. C. III. Analysis of Pollution Control Laws Institutions: Powers and Failures The Role of the Panchayat
1 1 2 2 4 6 7 7 7 8 8 9 9 11 12 12 14 14 15 17
PLACHIMADA IN THE KERALA HIGH COURT A. B. Background of the Case Principles in the Case 1. Public Trust Doctrine 2. Common Law Jurisprudence on Ground Water Case Law Analysis 1. Single Bench Decision 2. Division Bench Decision
C.
IV.
THE FUTURE: AN ANALYSIS A. B. Plachimada in the Supreme Court: The Future The Ground Water Act 1. Introducing the Act 2. Critical Analysis of the Act
V.
CONCLUSION
INTRODUCTION
Plachimada is often cited as a prime example of corporate aggression over natural resources and the consequent denial of the rights of the people. It has also been portrayed as the fight against a multi national corporation by a small section of the local population in order to protect basic human rights, such as the right to drinking water and the right to livelihood. What happened in Plachimada is often raised in discussions about the state’s actual record (as opposed to the position that the state ought to take) in the ‘fight for basic human rights.’ Plachimada, a small village in Kerala, became the centre of controversy after The Coca Cola Company set up a bottling plant there. The village became more famous (or infamous) after incidents of pollution and over extraction of groundwater by the Company, were reported by various organisations and the popular media. Those who campaigned against Coca