The Killer Smelters: Truth of Thoothukudi

When Sterlite Copper, a business unit of Vedanta Limited, set up a copper factory in 1998, no one knew what it would become 10 years later.

The death of 13 anti-Sterlite protestors, including a minor, in the police firing in Thoothukudi, has left a palpabe sense of gloom at Kumareddiyarpuram village, which is the gorund-zero for the three-month-long protests against the copper plant.

How violence erupted

Inspite of Section 144 imposed in the area, thousands of protestors marched towards the Collectorate, seeking a ban on Sterlite on May 22. The District Collector, N Venkatesh, had issued a prohibitory order under Section 144 and had granted permission for the protest only at the SAV ground near Thoothukudi old bus stand.

On May 22, a 4,000-strong police personnel deployment was put in place to prevent the crowding. However, angry slogan-shouting protestors breached the barricades and forcibly tried to push the personnel away.

The police opened fire and 13 people were killed. Several others were injured. Tamil Nadu Chief Minister Edappadi Palaniswami, in a statement, defended the police action and said, "20,000 people took out a rally towards Sterlite company and towards Collector's office and some indulged in violence. They indulged in arson in the Collector's office and pelted stones at the office. To control the violence, police had no other option but to swing into action."

A compensation of Rs 10 lakh each was announced for those killed, while Rs 3 lakh each were announced for the injured. The CM also assured of government jobs to the family members of the deceased.

What triggered the protests

Residents have been agitating against the proposed expansion of the copper plant, over pollution concerns, for more than 100 days now. However, the protests are not new.

The firm has been facing protests since 1994, when the plant was only proposed. Complaints of health issues like breathlessness, coughing, and irritation in eyes and throat, started pouring in 1999, when the first major gas leak was reported. There were continous complaints from the locals about increase in cancer incidences in 2004. In March 2013, a major gas leak put the company in a spot and led to its closure briefly.

In 2015, Tamil Nadu saw more than 20,000 agitations and protests, the highest in the country.

Fresh protests started in February this year. The protest got the much-needed attention when the port town of Thoothukudi remained shut for a day on March 24, and held a massive rally in the evening.

After numerous gas leaks, tampering of online air monitors, and massive contamination of the groundwater with arsenic, lead, selenium, aluminium and copper, the agitators took to the streets on May 22 to mark the 100th day of their protest. Sterlite, finally, touched a raw nerve when the construction for its second plant started right next to the residents' farmlands, threatening their livelihood and increasing the possibily of much worse health hazards in the district.

The Madras High Court on May 23, one day after the police firing, ordered stopping of all works on the construction of the new plant and directed the pollution control board to hold a public hearing on the new plant.

When victims talk

"In Thoothukudi, not 13, even if they kill 13,000 people, the last man standing will protest the seeking permanent closure of the Sterlite," declares S Raja, a member of the anti-Sterlite protest committee.

Raja's assertion reflects the public mood against the Vedanta Group's copper smelting plant in the outskirts of Thoothukudi, nearly 600 km South of Chennai. The death of 13 anti-Sterlite protestors in the police firing in Thoothukudi on May 22 has worsened the situation, with family members of the deceased and those injured in the protests demanding nothing but the closure of the 'polluting' copper smelter permanently.

"The justice will be served only if the government shuts down the Sterlite plant," said K Muthupandi, a daily wager and father of Karthik, a second year BA student, one of the 13 people who were killed in the police firing on May 22. "Karthik wanted Sterlite to be shut. It was his last wish. So, we will not take his body until the plant is closed permanently," he said.

According to the protestors, the march was peaceful until the police attempted to disperse the crowd using the force. The police accused the protestors of stone pelting and setting vehicles on fire. In the Collectorate, the police said that protestors torched the parked cars and two-wheelers, while damaging the window panes of the buildings by pelting stones. To save life and property, the police claimed to have resorted to firing.

M Maharaja, elder brother of Karthik, alleged that the police opened fire at protestors without warning. "They are not terrorists but only common people who came to express their disapproval. But the police, without any warning, started firing. They fired at protestors, not with the intention to disperse them, but to kill them. My brother was shot right in the head," he said.

Jhansi, 47, a local resident, was killed when she intervened in a scuffle between a group of youngsters and police personnel on duty. The policemen had allegedly rounded up the youth and were arresting them on the charges of indicting violence on the morning of May 22. Jhansi was shot in the head.

"After attempting to disperse the crowd by mild lathicharge, the police started firing. Jhansi, who confronted the police personnel, was hit by a bullet in her skull, killing her instantly. The police dragged her body and took it away with them," said Robert Villavarayar, Jhansi's relative. "She did not participate in the anti-Sterlite protest, but the police killed for questioning them," he accused.

Auto driver S Paramasivan, who is admitted in a government hospital, said that after he sustained a bullet injury in his thigh and fell on the ground, the police personnel thrashed him with lathis, leaving him with a fractured arm and a deep cut ion his face, near his eye. "I took part in the protest as I wanted the plant to be shut down. My house is located barely two kilometres from the plant. Every morning I wake up with an unbearable odour and the drinking water has turned into yellow," the 42-year-old said.

For the 99 days, the protest was being held peacefully, he said, adding that on the 100th day, they marched towards the Collectorate to hand over a petition to the Collector, urging him to shut down the plant. "The march was peaceful until it reached the VVT signal, which is about 500 meters before the Collectorate. The police erected barricades to prevent us from marching ahead and they used tear gas to disperse us. Only then the protestors started pelting stones and ran towards the Collectorate," he added.

The police personnel took a retreat and ran into the Collectorate.

"Such statements are not new. People have been protesting against the Sterlite since its opening in 1997. One Collector had declared that he has the key of the plant that was locked but the plant continued to operate even then. We have seen closure and reopening of the plant earlier. We want the government to issue an order shutting down the plant permanently. Only then will the protests end," said Raja, a member of anti-Sterlite protest committee. He said that even if the court or the government allowed the plant to run, they will not let them take out the raw materials from the port to their plant. "We will cripple them completely without any supplies," he said, pointing out to the statement of the Vedanta group chairman Anil Agarwal indicating his wish to continue operation after getting due approvals.

75-year-old Soundararajan, father of Maniraj, 34, said that his son, who got married three months ago, had gone to meet his wife who was at his in-laws' place at Anna Nagar. Maniraj died in the police firing. "Maniraj was looking at the protest from a distance while on his way to meet his pregnant wife. He was hit by a bullet," Soundararajan said, adding that they were being pressurised by the Village Administrative Office to sign the papers to collect Maniraj's body. "We have told the VAO that we will not accept the body until the plant is permanently closed," he said.

Why the agitation

If one interacts with the local people in Thoothukudi and those injured in the police firing and lathicharge, one main reason cited by them to oppose the Sterlite plant was the high incidences of cancer amongst the residents living in the vicinity of the plant. "The pollution from the Sterlite plant has caused cancer and respiratory problems to several people living in the town. Lately, we are hearing more people are getting affected by cancer through friends and relatives. But the government is supporting the plant even at the cost of the people lives," said an 18-year-old M Subburaj who was hit by a bullet in his ankle during the protest.

Another protestor said that over 550 new cancer cases were reported at the government hospital in Thoothukudi itslef.

Environmentalist Nityanand Jayarama, who also heads the Chennai Solidarity Group, said that an analysis of 15 groundwater samples by the TNPCB and the district administration in March 2018 showed that all the water sources were polluted and violated the Bureau of Indian Standards norms for drinking water parameters.

"The levels of the neurotoxin-heavy metal lead were found to be at far higher levels than what is considered safe for drinking water," he said. He, however, feels that the protest and the killing of 13 persons in the police firing will now make it difficult for Sterlite to operate again.

Where Sterlite stands

In a video message, after the police gunned down the anti-Sterlite protestors, Agarwal said, "I assure you that I am committed to the environment, the people of Tuticorin and Tamil Nadu, and we will abide by the law of the land. It is with your wish that we would like to continue this business."

The existing copper plant, which has a capacity to produce 4 lakh tonnes per annum, has remained closed since March 27 when it began a 15-day maintenance shutdown. But, the Tamil Nadu Pollution Control Board (TNPCB) refused to grant a license to operate the smelter, leading to its closure ever since.

The TNPCB, in its order dated April 9, rejected the renewal application on five key grounds, including dumping hazardous waste without valid authorisation under Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016 since the expiry of the authorisation on July 9, 2013. It also said that the unit had not removed copper slag dumped or stored along the Uppar river and on Patta land. 

Besides, it did not submit an analysis of heavy metal in the ambient air. The matter is before the court and the next hearing is scheduled on June 6. Meanwhile, TNPCB, on May 23, ordered the closure of the plant with immediate effect and disconnection of the power supply. The closure order was issued after it was found to be carrying out activity to resume production without permission during the inspection of the unit on May 18 and 19.

However, the London-listed firm hoped to restart its Sterlite copper smelter in Tamil Nadu. It still wanted to double its capacity, despite protests demanding its closure that killed 13 people this week, a news agency reported on May 25.

"We're not in that stage to look at setting up a plant elsewhere," P. Ramnath, chief executive of Vedanta's India copper business, said in an interview.

Current situation

The Madras High Court on May 23 stayed the expansion plan of Sterlite Copper and ordered the company to stop construction of a new smelter with immediate effect.

The court passed an interim order in connection with allegation of Starlite operating a second unit in Thoothukudi by violating the Environmental Protection Act of 1986. The Court further said that the application for renewal of environment clearance for copper smelter plant-2 project will be decided by the competent authority on or before September 23.

The court had earlier directed the Tamil Nadu government to preserve the victims' bodies till May 30. It had also directed the government to file a detailed report on the post-mortem since some families sought for a re post-mortem to be conducted in the presence of the victims' representatives.

CM Palaniswami also ordered setting up of a one-member commission of inquiry into the firing against anti-Sterlite protestors. On May 24, he said that the state government has been taking steps to close down the plant through legal means. "Tamil Nadu Pollution Control Board did not renew the license for Sterlite. The power supply to the plant has been disconnected," he told reporters at the Secretariat.

TIMELINE

1993
Construction suspends in Ratnagiri, Maharashtra, owing to mass agitations by the locals; happens barely a year after the govt had given the go-ahead

1994
The Tamil Nadu Pollution Control Board gives Sterlite the NoC to set up a plant

1997
Sterlite Copper, a business unit of Vendanta Ltd, sets up the copper factory

1998
Plants shut down on the directions of the Madras HC. An impact report by NEERI indicts Sterlite. 

Barely a week later, the plant re-opens. Another study is conducted by NEERI and the plant is given a clean chit

1999
First major gas leak is reported. 11 workers from the nearby AIR station are hospitalised

2004
After continued complaints from the locals and increase in incidences of cancer, and throat and eye irritation, a SC monitoring committee visits Thoothukudi

Sept 23, 2004
SCMC submits its report, observing the violations by Sterlite. However, the MoEF grants clearance for expansion. Construction has already begun

March 23, 2013
A massive gas leak is reported. The leak allegedly causes sudden coughing, breathlessness, miscarriages, and burning eyes in Thoothukudi. Plant continues operations and soon expands

2013
Sterlite gains notoriety after SC orders it to pay a fine of Rs 100 crore for causing widespread damage to the water and land in the area because of a gas leak

2015
Tamil Nadu sees over 20,450 agitations and protests, the highest in the country

March 24, 2018
Over 10,000 people gather in protest, seek a halt in the expansion and closure of Sterlite for good

March 26, 2018
Tamils in London protest outside the house of the CEO of Vedanta. 

Over 12,000 shops shut down across the district to show solidarity and support of the protests. People participation grows to over 2 lakhs, and spreads across different villages in the district

May 22, 2018
Thousands of protestors march towards the Collectorate, seeking a ban on Sterlite.

Over 4,000 police personnel deployed to prevent crowding. Protestors breach barricades and continue marching forward. Slogan-shouting protestors try to forcibly push the personnel away

Police opens fire. 13 people, including a minor, die, while many are injured. CM Palaniswamy announces compensation of Rs 10 lakh each for those killed, and Rs 3 lakh each for the injured and govt jobs for the family members of the deceased