On May 21 2024, several newspapers reported the release of the Press Trust of India (PTI) about a notification titled 'Asbestos or Fibre Cement based Products (Quality Control) Order, 2024 ' issued by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India on March 6, 2024. Business Standard reported it under the title "Govt rolls out mandatory quality norms for asbestos cement products." The news report reads: "The government has issued mandatory quality norms for asbestos or fibre cement-based products to curb the import of sub-standard goods and boost domestic manufacturing."
It is apparent that Union Ministry of Commerce and Industry is caught in a time warp. Indian government took a legally inconsistent position before the WTO's Appellate Body in the Chrysotile Asbestos case between European Communities and Canada. The Appelllate Body endorsed and upheld the decision to ban white chrysotile asbestos in April 2001. Government of India has not been able to revise its position in the light of the 24 page long Supreme Court's judgement in Consumer Education Resource Centre v. Union of India (1995).
https://www.bizzbuzz.news/industry/breather-for-msmes-on-asbestos-compliance-1316914?infinitescroll=1
The union government exempted micro, small and medium enterprises (MSMEs) from the provisions of the (Quality Control) Order, 2024 for a limited period. The micro units have been asked to comply with the Quality Control Order within 12 months of the issuance of the notification and small units have been given nine months. The ‘mirco’ and ‘small’ enterprises refers to those enterprises which are defined under the Micro, Small and Medium Enterprises Development Act, 2006. The exemption is also extended to the goods or articles manufactured domestically for the purpose of export.
In the past, Business Standard published articles entitled Say no to white asbestos: It's time government bans production and use of this carcinogen and Thousands of people staged a "die-in" in Paris over authorities' failure to clear workplaces of asbestos, which can cause fatal respiratory diseases after long exposure. It also published an op-ed piece entitled Asbestos: Breathtaking Negligence on October 22, 2002 which pointed out that the Chrysotile Asbestos Cement Products Manufacturers' Association (CACPMA), an association of large manufacturers insist asbestos is not a health hazard despite growing global
evidence to the contrary. It referred to the September 2, 2002 issue of India Today which carried an
advertorial from the CACPMA to inform the public that white chrysotile asbestos does not cause cancer. The op-piece underlined that this is far from the truth. The World Health Organisation (WHO) has categorically said, "there is practically no safe level of exposure or use of asbestos against cancer". It is apparent that CACPMA and non-editorial team of the newspaper prevailed upon Business Standard to remove the op-ed piece from its website.
Notably, prior to its reporting, the Quality Control Order was filed in the National Green Tribunal by India's Asbestos Fiber Cement Product Manufacturers Association, which is registered as a "non-profit" society. The submission of the "non-profit" society refers to the 24 page long Supreme Court's judgement in Consumer Education Resource Centre v. Union of India but omits significant part of the directions with regard to ILO resolution concerning Asbestos and the compensation to the certified victims in order to mislead the National Green Tribunal. This dishonest and insincere approach of the asbestos companies and DGFASLI demonstrates "their pre-existing ideological commitment to support corporate interests over worker or community interests." The Supreme Court's bench of Justices K Ramaswamy, Chief Justice A.M. Ahmadi and M.M. Punchhi had given given specific directions. It reads: “All the industries are directed
(1) To maintain and keep maintaining the health record of every worker up to a minimum period of 40 years from the beginning of the employment or 15 years after retirement or cessation of the employment whichever is later;
(2) The Membrane Filter test, to detect asbestos fibre should be adopted by all the factories or establishments at par with the Metalliferrous Mines Regulations, 1961; and Vienna Convention and Rules issued thereunder;
(3) All the factories whether covered by the Employees State Insurance Act or Workmen's Compensation Act or otherwise are directed to compulsorily insure health coverage to every worker;
(4) The Union and the State Governments are directed to review the standards of permissible exposure limit value of fibre/cc in tune with the international standards reducing the permissible content as prayed in the writ petition referred to at the beginning. The review shall be continued after every 10 yews and also as an when the I.L.O. gives directions in this behalf consistent with its recommendations or any Conventions;
(5) The Union and all the State Governments are directed to consider inclusion of such of those small scale factory or factories or industries to protect health hazards of the worker engaged in the manufacture of asbestos or its ancillary produce;
(6) The appropriate Inspector of Factories in particular of the State of Gujarat, is directed to send all the workers, examined by the concerned ESI hospital, for re-examination by the National Institute of Occupational Health to detect whether all or any of them are suffering from asbestosis. In case of the positive Ending that all or any of them ant suffering from the occupational health hazards, each such worker shall be entitled to compensation in a sum of rupees one lakh payable by the concerned factory or industry or establishment within a period of three months from the date of certification by the National Institute of Occupational Health." This land mark judgement recognized right to health as part of the fundamental right to life.
The members of the India's Asbestos Fiber Cement Product Manufacturers Association have not been complying with these directions of the Supreme Court. They are trying to mislead the Tribunal by withholding the full text of the landmark judgement of the Supreme Court which has recognised right to health as part of fundamental right to health.
The word "Asbestos" has become so notorious that Asbestos Cement Products Manufacturers Association has changed its name to hide the word "Asbestos". Now it calls itself "Fiber Cement Product Manufacturers Association"! But in their naked lust for profit they will have present and future generations of Indians and residents in India including the foreign embassies and foreign visitors whose countries have banned all kinds of asbestos, that foreign asbestos is “safe”. Notably, the government of India has banned mining of all kinds of asbestos due to its harmful effect on human health. The Asbestos Fiber Cement Product Manufacturers Association will have media, legislatures and courts and residents of India believe that Indian asbestos is unsafe, hazardous, poisonous and harmful but asbestos from Russia, Brazil, Kazakhstan and China is safe, non-hazardous, non-poisonous and harm free.
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