COCA-COLA QUIT PLACHIMADA; QUIT INDIA

THE STORY OF ANTI COCA-COLA STRUGGLE AT PLACHIMADA IN KERALA They came to our village with glittering offers; that our people would get many job opportunities in the plant; the overall development of our village would be taken care of; the economic growth of the area would be strengthened etc., etc. We waited and waited nothing miraculous happened. On the contrary, six months went by, slowly we started facing the reverse effects. Except a few, nobody from the locality was given jobs. The water level in the wells of the surrounding colonies showed a sharp depletion. The quality of the water- its odour, taste, hardness- got worsened. It became non-potable. We stopped using it. We were forced to fetch water from a distance of three to five kilometres. Several uncommon diseases started showing their neck out. The farmers around the plant stopped cultivation due to severe shortage of water. This was another thunderbolt on us that took away our daily little earnings. We were forced to migrate to faraway lands, seeking for some work or other to make our living. Suddenly we felt terribly helpless, facing the fact that we were being robbed. Our precious water resource had been stolen lakhs of liters every day Where would I get some fresh and pure drinking water any more? How many kilometers should we have to walk to fetch a drop of water? Who will compensate the heavy loss incurred upon us by this giant plant? THE DEMISE OF A VILLAGE These lamentations synchronized with anger and despair are from a 55 year old lady, Mylamma, a resident of Vijayanagar colony in Plachimada village in the southern Indian state of Kerala, situated adjacent to the mega bottling plant of Hindustan Coca-Cola Beverages Pvt. Ltd. company. She is one among the firebrand leaders of the anti-coca cola struggle of Plachimada, which took off about two years back. Mylamma is not the only person who declares that Coca-cola should quit Plachimada but there are also thousands of others who reside in the five most affected colonies of Perumatty Panchayat. These villagers, mostly schedule castes and schedule tribes are predominantly landless agricultural labourers living at the brink of acute poverty, hunger, diseases, lack of pure drinking water and many other grave ecological hazards. The slow death of this village had already begun. Velur Swaminathan who pioneered the struggle and presently the Convener of the Anti Coca-Cola Action Council states: These problems started only after the company came here. In the beginning we were not aware of the consequences. So we expected nothing serious would happen at its arrival. But after about six months we started experiencing the problems one after another.

Mylamma asks: If, within a period of three years, they can cause this much damage what would be the situationafter ten or fifteen years? And who will answer the sad plight of our children in the coming years, living in a barren land and cursing their parents for giving them birth. Today the people of Plachimada, except a few who work in the plant, are unitedly decided that the plant must be closed down immediately. The whole question of an MNC ruthlessly exploiting the natural resource of a people and even challenging the constitutional power of the local body is to be addressed in terms of legal and political dimensions. The tide of globalisation engulfs every basic aspects of life and water is one among these fundamentals. The new mantra of the market is privatization of the common properties such as land, ponds, rivers, grazing fields, etc. It is being argued that only by privatizing water we can avert the potentially dangerous situation of acute water scarcity. However, this would have a dramatic effect of hydrological poverty by the year 2025. By declaring water a commodity, an economic good to be measured, apportioned and regulated by corporations the MNCs think that the tide of disaster can be contained. As an action agenda the full cost- pricing of water supply scheme is being executed as well as the exploitation of ground water for the production of soft drinks. In order to execute this wonderful agenda a vigorous and dynamic action plan to privatize the worlds water resources are on the way with the whole hearted support and blessing of the national governments. The MNCs dictate terms with the state bypassing the local bodies and its constitutional authority. Programs which transfer existing government-managed water systems to private firms, financially autonomous utilities and water user associations are being implemented in Latin America (Argentina, Colombia, and Mexico); Asia (Bangladesh, Indonesia, Nepal, Pakistan, The Philippines and Sri Lanka); Africa (Cte dlvoire, Madagascar, Morocco, Niger, Senegal and Tunisia); and Eastern Europe (Hungary). The Cochabamba experience in Bolivia is a telling example of the perils of privatization of water and the peoples resistance against it. The situation in Plachimada is also no different and coca-cola is well managing with it. THE LOCALITY Plachimada is located in a rain shadow region in Chittur taluk of the Palakkad district in the south Indian state of Kerala. It is part of the Moolathara village, which is one among the three villages of Perumatty Gramapanchayat. The other two adjacent villages are Perumatty and Vandithavalam. Perumatty Panchayat comes under the Chittur Block Panchayat and part of Pattancherry zilla panchayat division. Sokanassini River in the north, Tamilnadu and Pattancherry Panchayat in the south, Tamilnadu in the east and Pattancherry Panchayat in the west form the boundary of Perumatty Panchayat. There are 15 wards in the Panchayat and the total area is 60.79 sq. kilometers. According to 19991 census, the population of the Panchayat is 29,658 of which 14,918 are males and 14,740 are females. The Moolathara village falling in the Palakkad gap of Westernghats shows gently undulating topography and is drained by Chittur puzha stream, a major tributary of Bharathapuzha river. Though the region gets very little rainfall compared to other parts of Kerala, the groundwater

reserve was sufficiently adequate for the domestic purposes of the people. A report of the Groundwater Department of Kerala acknowledges this fact by stating, Although the area has less rainfall than the coastal region of the state, conditions for groundwater recharge are better here because of the gently undulating nature of the terrain. Plachimada gets very little rainfall. In 1998 the average rainfall in Palakkad district was 2425.8 mm.which had shown a considerable decline of 1750.3 mm. in 2002. At the same time, the average rainfall of Kerala during the current year was 2515.1 mm. ( Appendix 1 ) This indicates that the entire region has to rely upon dam irrigation canals and ground water resources for domestic and agricultural water requirements. A large number of borewells have been dug in recent years in the area, which was deepened by the users as the water levels depleted. Apart from this, three surface water reservoirs and the canals from Meenkara dam provide water for irrigation in the region. A large area of the poonthal padam, a traditional slushy paddy land which dries up in summer, with a unique and different eco system, of Palakkad district lies in the Perumatty Panchayat, the second largest Panchayat in the district. This Panchayat has 2350 hc of rice fields out of which 1500 hc are in Moolathara village where the factory is located. 35 per cent of the states rice production is from Palakkad district and hence it has long been known as the rice chest of Kerala. THE SOCIO-ECONOMIC SCENARIO The social composition of those living in Plachimada is rather complex due to their origin, cast-class differences, economic standard and labour pattern. The majority of them came from rural Tamilnadu and settled here about 20 years ago. The migration took place in search of labour and easy access to livelihood. The indigenous people viz. Eravalar and Malasar too live here. The education and health status of the local population who are highly vulnerable, remain abysmally low. The villagers, mostly schedule castes and schedule tribes are predominantly landless agricultural labourers and other daily wage labourers. They get around 100 to120 work days in an year. THE STUDY AT PLACHIMADA Vikas AdhyayanKendra, Mumbai, conducted a preliminary socio-economic survey in five colonies in the vicinity of the factory. Three of them, Vijaya Nagar, Plachimada, and Rajiv Nagar colonies share a boundary with the bottling plant are the worst-affected residential areas. They are situated within one to two Km. radius. Madhavan Nair and Kampalathara colonies, about three kms north east of the factory are also affected. Rajiv Nagar colony is from Pattancherry Panchayat while all other colonies are in Perumatty panchayat. According to the demographic details availed by the Panchayat, the population in all these five colonies consist of 34% of tribals, 10% of dalits and 56% of other communities. ( Appendix 2 ) The survey team observed some alarming findings with regard to the economic, agricultural and health situations in the colonies adjacent to the factory.
ECONOMIC SITUATION

They work an average 4 to5 days a week. A male worker gets an average wage of Rs.80/- per day whereas a female worker gets only Rs.50/-. About 10% in the sample are farmers, 35% are

farm laborers and the rest are daily wageworkers such as coolie workers, wood-cutters, toddytappers, weavers, drivers, barbers, etc. ( Appendix 3 ) There is no significant difference between the distant Kampalathara village and the four adjacent villages. In the near villages, many members complained of loss of jobs in the agricultural sector. Murukaraj(38) a resident of Vijayanagar colony describes the present situation of the availability of work in the area: Earlier, i.e., before the Company came to our village, we used to get five to six days of work every week. We worked in the nearby farms where we had ample chances of work during the seasons. On off-season days we went for some other daily wage works in and around our village. After six months since the Company started functioning the farms got dried-up and we lost our jobs. More than 90% of the residents of the most affected colonies supported the view that the availability of job opportunities in nearby farms and other areas decreased after the Company started functioning. 5.3% voted for the view that job opportunities increased after the Companys inception and 4.1% did not think any change. ( Appendix 4 ) The major calamity caused by the functioning of the Company on the economic fabric of Plachimada can be found in the acute non-availability of job opportunities and change in labour patterns. A well-contained employment structure is shattered and as a result people are forced to migrate elsewhere, sometimes more than 50Km. away, to look for new job opportunities. This creates displacement and terrible hardships. Normally this income, which they get, will not tally with the expenses incurred by travel and other incidentals. For 40% of the households surveyed the annual income is about Rs.30,000/-, 33% gets Rs.30,000/- to Rs.46,000/- and for 27% the annual household income is above Rs.46,000/(Appendix 5 ). However, the indebtedness of each family in comparison with their income shows the gravity of the alarming economic crisis of the region due to unemployment, caused by the unethical functioning of the Coca-Cola Company. 43.5% of the population is having a debt of upto Rs. 5000. 42.9% is in between Rs.5000 to Rs. 50000. The indebtedness of 13.6% is above Rs. 50000. ( Appendix 6 ) This is a recurring phenomenon happens at an interval of every three to six months. AGRICULTURE The major livelihoods of the people of Plachimada are agriculture and agro-based labour forms. Although rice, coconut, groundnut are the major crops, vegetables, horse gram, maize mango, sugar cane, and banana are cultivated intermittently. According to a study by Jananeethi, a social organization in Kerala, the Panchayat has a diverse soil profile ranging from red soil, black cotton soil, clay soil etc. South West Monsoon is the main source of rainfall. Cultivation is mostly confined to plain lands. The Poonthal padam (marshy lands) cultivation of rice exist here. Saninayakam, Chembavu and Chitteni were the main rice varities used in Poonthal padam during the earlier years. The factory is being constructed in this poonthal padam area reclamation of which is not legally permitted under the KLU, (Kerala Land Utilization Act, 1967).

The farmers surveyed have an average land holding of 3 to 5 acres. 90% of the agricultural land in the area is wet land and 10% is dry land. (Appendix 7) All the farmers who have lands within two kilometer from the factory reported paucity of ground waters. The duration of working of pumps have more than halved during the past two years. This has led to a decrease in production of food crops such as paddy, coconut, vegetables and groundnuts. This had a spiraling effect on other sectors of economy as well, leading to a net loss of livelihood to several people. Krishnaswami (42), a farmer of Kampalathara colony narrates the history of the farming activities of the area and the present day situation: I have eight acres of agricultural land. Around 30 workers used to work in this land every day. Till the year 2000 my yield was sufficiently good. On a regular basis, I used to sell vegetables in the markets of Meenakshipuram, Koduvayur, Palakkad, and Trissur. Today I dont cultivate anything in the land. I used to cultivate paddy for two seasons per year. The production from one acre in one season would be around 24000kilogram. Today I stopped cultivating paddy and vegetables due to acute water shortage. Earlier I was able to pump sufficient water for 20 hours using a 5Hp motor from my well which is only about 24ft deep. It was from this well I used to give water to the farm of Ligamuthu Gounder, which is about two and a half Kilometers away.The coconut production was also at its peak. Normally I got 6000 coconuts from an area of seven acres. But today I dont even get 1500 coconuts. My monthly income was about Rs.2000/- per month till the year 2000. Today my elder brother has to work as a lorry driver for our livelihood. I definitely believe that all these problems erupted since the company started its functioning here. I strongly support the view that coca-cola must quit Plachimada at the earliest because our lives are in ditches after they came here. The survey results show that there is sharp decrease in the production since the Company started its functioning. The paddy production has almost come to a stand still whereas the production of coconut and vegetables decreased below half times. ( Appendix 8 ) The irrigation system, which was comfortably managed by the farmers, was also damaged beyond repair due to the depletion of groundwater in the area. (Appendix 9 )The farmers complained that the organic components in the soil were heavily destroyed due to the depletion of water and the use of the sludge, which adversely affected the yield of the land.
HEALTH STATUS

Majority of the people living in the nearby villages are adivasis or dalits. They mainly depend on the government hospital. The Primary Health Centre (PHC) is three kilometers from Plachimada. Diseases and symptoms, which the people attribute to the environmental pollution by the cola factory, are given in table. Diseases with high relative risks in the adjacent villages are hair-loss, burning of eyes, cough, vomiting, pain in limbs etc. Hair loss is 13 times higher in the adjacent village. Burning in eye similarly, 7 times higher in the adjacent village. ( Appendix 10 )

MEDICAL CAMP

In the context of these health problems detected during the survey, a medical camp was organized by a medical team comprising Dr.M.N.Anuvarudheen, Dr.K.Muralidharan and DR.T.P.Jayaraman on the 2nd of November 2003. This was the first of its kind after the installation of the plant at Plachimada. Only those who are enlisted in the survey with complaints of certain health problems were subjected to medical examination. 212 patients attended the camp and were examined by the team of doctors. The age group ranged from 4 months to 75 years and after the medical camp they were divided in to three age group categories. 4 months to 16 years 20-49 years 50-75 years The most prominent symptom seen in all the age groups was anaemia. That too, more than 50% in the pediatric group. Marked numbers with anaemia were seen in other age groups as well. In the 2nd and 3rd categories the next important complaints were joint pain and general weakness. Stomach pain was also seen in appreciable numbers. About 15 persons complained of abnormal fall of hair. The major complaint seen in all age group, especially paediatric age group, is anaemia and this could have been written off as seen in any backward area due to malnutrition and poverty. But at Plachimada, where the Coka- Cola factory extensively distributed solid waste as manure which contained toxic substances like lead and cadmium, one cannot simply attribute the problem of anaemia to the above-mentioned reasons alone. It is very evident that these toxic materials found in the solid waste have entered in to the ecosystem and as a result to the human body system. That means this must have exerted some effect on the health problems, which are very rampant in the area. Abnormal hair falling and itching over the body can be seen as an effect of the use of bad quality water. The medical team, therefore, seriously recommended further indepth and authentic investigation by the authorities on the health problems created by the toxic substances like lead and cadmium.
Health hazards of lead and cadmium

On chronic ingestition of lead can cause chronic lead poisoning with features: Anaemia in children Abdominal pain called lead colic Affects brain causing lead encephalopathy Involves muscles and nerves causing paralysis On long term ingestition of cadmium can cause: Emphysema Prostatic cancer Kidney cancer

Proteinuria The correlation between the diseases found and the contaminated water or the sludge containing toxicmaterials has yet to be proved with further medical evidences. DOES COCA-COLA FACTORY CAUSE A REDUCTION IN BIRTH WEIGHT? Under the integrated child development scheme (ICDS), the Anganwadis function as a day care center for pre-school children. The teacher and the female health worker visit all the pregnant women in their domain and render advices on vaccination, family planning etc. After the termination of pregnancy, they record the birth weight. The anganwadi register, which is a reliable indicator of the health of our future, has the following details. (a) Parity (b) date of birth (c) Birth weight (d) weight at the age of six months. (e) Weight at admission (usually age 3) and every month thereafter. The weight is measured with a spring balance (hanging type), which is calibrated every year at the legal metrology office. Weights are recorded on a growth chart, one for each child. This has four reference curves, showing the nutritional status. Children stay in an anganwadi, which is a play school cum feeding center, from 10 AM to 4 PM. The menu includes a glass of milk, an egg and a meal of cereals and lentils. The Vijayanagar colony Anganwadi register has details of 118 children (63 boys and 55 girls) born between 1996 and 2003 in Vijayanagar and Plachimeda colonies. The coca cola factory is only a couple of meters away from these colonies. The well water in these colonies is not potable. The residents have been complaining about various health problems, which they attribute to the water and air pollution. Median birth weight of all children in the sample is 2.5 kgs. Birth weight of 73% of the children was below 3 kgs. The median weight is considerably lower than the national average. There is no difference between girls and boys. According to WHO, infants weighing less than 2.5 kgs are considered as low birth weight (LBW). In order to see if there is any change in the birth weight attributable to the operation of the factory, the children were placed in two groups those born during 1996-2000 (73 children) and those born during 2001-2003 (45 children). The median birth weight of these two groups were 2700 grams and 2500 grams respectively. This difference is statistically significant at 0.05 level. As the table below shows, 15% of the children born before the operation of the factory were LBW. This more than doubled during 2001-2003. ( Appendix 11 ) The sharp increase in the proportion of underweight children and a 10% drop in the median birth weight is a serious problem, which has to be examined in detail. For this a more detailed study of a larger sample has to be undertaken. The sample should include children born in nearby and distant villages, said eminent scientist V.T.Padbhanabhan who helped in this investigation on the birth weight of the children of Vijayanagar and Plachimada Colonies.

THE FACTORY
THE HINDUSTAN COCA-COLA BEVERAGES Pvt. Ltd.

The profile of the Coke in India shows its wide ranging products, huge investment capabilities and above all its manuering tactics to woe the Government to expand its market in India. The Coca-Cola Company reintroduced Coca-Cola in India on October 23, 1993, after its ban of sixteen years. IIts products range from Coca-Cola, diet Coke, Sprite, Fanta, Schweppes, Thums Up, Limca, Maaza, Citra, Gold Spot, Kinley water, Sunfill concentrate, Shock and Rimsim. The Coca-Cola Company received approval from the government in July 1996 to set up a holding company to invest US$700 million in downstream operating subsidiaries to engage in the preparation, packaging, sale and distribution of beverages. In July 1997, the holding company was permitted by the government to operationalize its bottling subsidiaries. The bottling subsidiary currently owns and operates twenty-six bottling plants and sixty distribution centers across India. In addition, it uses 20 contract packers to augment its production capacity and cater to the increasing demand for its wide portfolio of beverages. The company claims that the Coca-Cola system in India directly employs over 7,000 workers. For every direct job in the system, seven indirect jobs are created in the supply chain. However this has not been materialized in Plachimada where only 30 odd locals are being given some casual jobs, that even as contract labourers. According to the company, over the past nine years, it has invested US$827 million in India, US$805 million of which has been invested in its bottling subsidiary. This makes Coke as one of the major investors in India. It seems that the company used unethical methods to overcome FDI ownership regulations, which stipulates that foreign companies must hold an initial public offering (IPO) when establishing a company, allowing locals to buy a stake. The Coca-Cola bottling plant at Plachimada in the Perumatty Panchayat is located along the Palakkad-Meenakshipuram-Pollchi road, around three kilometers to the north of the Meenkara dam reservoir and a few hundred meters west of the Kambalathara and Vengalakkayam storage reservoirs. The Moolanthodu main canal originates from the Moolathara barrage passes less than 10 metres north of the factory compound and the nearby Chitoorpuzha itself is two kilometers north of the plant site. The bottling plant started its production in 1998 on a 42 acre plot in violation of the Kerala Land Utilisation Act, 1967, intended to prevent the use of agricultural land for non-agricultural purposes. The land was in possession of different individuals from whom one Mr. O.G. Sunil, Ernakulam, got it registered for the Coca-Cola Company and then transferred it, retaining two acres for himself. Presently, the Company is remitting the land tax only for 34 acres to the panchayat. Interestingly, a narrow Panchayat road, which cuts across the land, was also illegally acquired without anybodys notice. It is reported that the plant does not hold a registration number as the land was converted from paddy land about which the Panchayat authorities maintain a doubtful silence. Adv. K.V. Madhusudhanan , a noted lawyer in the Kerala high court, says: As HCBL has started the unit during 1998 in 48 acres of agricultural land, the violation of Clause (6) of Kerala Land Utilisation Order,1967 comes into the play. Land Utilisation Order, 1967 was enacted in exercise of power under the Essential Commodities Act, 1955 by the

Kerala Government in order to promote food crops especially paddy cultivation, as the same are depleting day by day. Clause (6) specifically prohibits any land cultivated with any food crops not to be cultivated with any other food crop except on a written permission of the Collector including Revenue Divisional Officer. Sub Clause (1) says that no holder of any land which has been under cultivation with any food crop for a continuous period of 3 years immediately before the commencement of this Order, shall convert or attempt to convert or utilise or attempt to utilise such land for the cultivation of any other food crop or for any other purpose except under and in accordance with the terms of a written permission given by the Collector. Sub Clause (2) similarly prohibits any holder of any land with any food crop for a continuous period of 3 years at any time after the commencement of this order, shall after the said period of 3 years do the above said acts except under and in accordance with a written permission given by the Collector / R.DO. It is not clear whether District Collector / RDO had given the requisite permission to HCBL under the Order. It is evident from the above facts that the very existence of the bottling plant itself is illegal and can be legally questioned. The power generation inside the plant is also ambiguous in nature since it does not draw from the common grid. About 370 labourers are working in the unit, out of which 130 are permanent workers and the rest, casual temporary mostly recommended by the political leaders. According to one of the protest leaders, the company had employed only 30-50 local residents and that even as contract labourers. The wage tariff for the workers is exceptionally low and according to which a male contract worker gets Rs. 60 per day and the female gets Rs.50. However, the temporary workers recommended by the political leaders get an amount of Rs.100 per day. The unit has a working capacity of 15,00,000 liters of water-based products. Around 85 truckloads of beverage products carrying around 600 cases and each case holding 24 numbers of 300ml. bottles are dispatched. From the note of the factory dated 16.6.02 claims that it has only two open wells and six functioning bore wells which extracts only 0.4 to 0.6 million liters of water. Assuming 330 working days per year, the quantity of water pumped out per year, as claimed by the Company is 132 to 218 million litres. Two open wells that yield 135 cubic meters each. Dr. A. Acuthan, a noted hydrologist and environmentalist, however estimates that the quantity of water extracted per day is about 1.1 million litres. He observes that the plant has 4 nos. of 7.5 h.p. pumps and 2 nos. of 5 h.p. pumps. The total pumping capacity is 40 h.p. Assuming the averaga pumping head as 60 m. and the amount of water that can be pumped in one hour is W=108700 kg/ hour = 108700 lph. If extraction of water is done on an average 10 hours per day, the quantity of water pumped per day is about 1.1 million litres. As per this estimation the water is being extracted per year will be 363 million litres. Dr. Achuthan questions also the Companys estimation of the quantity of water recharged by water harvesting. The Company claims that it is putting back water into the aquifer through water harvesting an amount of water equivalent to the amount pumped out. It is estimated , assuming 60% efficiency for the water harvesting system , 109.44 million litres of water can be harvested. But Dr. Achuthan compares this figure with the amount of

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water extracted viz. 132 to 218 million litres as claimed by the Company and 363 million litres according to self estimation. The crux of the issue is that the extraction is from the deeper aquifer, whereas the recharge goes to the gravity zone only. Therefore, the pumping can cause depletion of ground water continuously. Dr. Achuthan questions even the relevance of a plant of this sort, which is located in a declared drought prone area. He asks: In such a region, what should be the priority for distribution of water? Domestic needs, agricultural needs, small industries or a non-essential industry like cola? Plastic, metal and paper wastes are also generated. Initially the sludge was given off to farmers as manure and further the factory claimed that the State Pollution Control Board (SPCB) had cleared that there was no harmful ingredients in the waste sludge. By the agreement with the Chittoor taluk authorities the Company is supplying 3 loads of water for the public during the summer.

THE ROLE OF THE CENTRAL AND STATE GOVERNMENT The Plachimada issue also has to be perceived in this background of an MNC encroaching the basic right to water of the poor Adivasi people residing around the factory. With regard to ground water extraction, there are hardly any laws or regulations in India. The absence of a regulatory mechanism to check the amount of water being extracted and used definitely makes room for the encroachers to do whatever they want. But interestingly, there are two core bodies-the Central Groundwater Board (CGWB) and the Central Groundwater Authority (CGWA) -who deal with all matters pertaining to groundwater can only act as advisory bodies. Both fall under the Union ministry of water resources. While CGWB is responsible for advising states on matters relating to groundwater, the CGWA was constituted under the Environment(Protection) Act, 1986, to regulate and control groundwater management. The role of the Government of Kerala had also been very ambiguous since from the beginning, and took contradictory decisions all through the issue. One can easily sense the petty political interests rather than the commitment to the poor that had been influencing these decisions. Interestingly it is the Left Democratic Front government who vows itself against global capital investments gave sanction to the Coca-Cola Company to start its bottling plant at Plachimada in 1998. The class character of the state whether it be left or right is well being exposed in this whole issue as it always aligns itself with the company, betraying the people around. The middle class values, especially with regard to market, are propagated and the state acts as its custodian. As Dr.A.K.Ramakrishnan put it, The state is significant in the context of globalisation as there are no other powerful common entities that can preserve resources for peoples use. But contemporary states do serve corporate private interests in the exploitation of common resources. The conditionality of privatisation of resources has become a common pattern for World Bank and Asian Development Bank loans and assistance. The political intervention in both civil society and state in order

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to make them more people-centred is required for sustainable protection of common property. The political aspect is extremely significant. Adv. K.V.Madhusudhanan describes the role of State Government under Kerala Ground Water (Control and Regulation) Act 2002: When the Statement Government felt by irrational extraction of ground water resulted undesired environmental problem, this Act was promulgated. In the Statement of Objection and Reason, it noted studies in this regard proving excess consumption resulting regular lowering of the ground water level in certain areas of the State. Therefore, the Government thought it necessary to protect ground water and regulate its exemption and consumption. Under Sec. 6 of the said Act, the Government may, if satisfied on the recommendation of the State ground water authority that it is necessary in the public interest to regulate the extraction or use of ground water in any area, declare by notification in the gazette, such area as notified for the purpose of this act, with effect from such date as may be specified therein. This notification can be canceled only if the Government is satisfied on the recommendation of the State Government Water Authority that the availability of the ground water has been increased. As studies have revealed the lowering of ground water at Plachimada, it is the duty of the Government to notify Plachimada under Sec. 6 of this Act restricting the drawing of ground water until otherwise recommended by the State Ground Water Authority. But the dubious ploy of the Legislative Committee comprising ruling as well as opposition parties is by way of recommending another study of 55 nearby wells by the ground water authority to be completed within two months. Formerly the Ground Water Department very callously reported, May on being on being swayed by the Multi National, that the water levels in certain wells have been increased. It is curious that the same authority is allowed to conduct the study. So there is no bona fide at all either on the Government or on the legislative committee. It is also to be noted the impact of Water (Prevention and Control of Pollution) Act, 1974 and Environment (Protection) Act, 1986, as Adv. Madhusudhanan puts it, ought to be a guiding factor for the Government to act in such circumstances. Of course, under Sec. 24 of the Water Act, 1974, no person shall knowingly cause or permit any poisonous or polluting matter in excess of the standards to enter into any well or land. Well water studies of the place in question reveal excessive calcium carbonate, magnesium, chloride, salinity and alkalinity, sulfide etc. The State Pollution Control Board is not powerless to deal with the situation. It can issue orders in consonance with Sec. 24 to stop the pollution. Similarly Sec. 7 of the Environment Protection Act restrains any person carrying on any industry discharging any environmental pollutant in excess of any standard prescribed. The studies on the sludge collected from the factory reveal excessive cadmium, lead and chromium. But the authorities seldom took any action against this MNC having properly greased on their palms. The role of Secretary of the State Pollution Control Board, is spurious for having given good chit to this Multinational company by suppressing the real data for which he has to enjoy the bath with coco cola at the instance of certain youth organisation, it is sheer academic to indulge on this subjects.

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In the year April 2002, a struggle was initiated in Plachimada. THE BRIEF HISTORY OF THE PLCHIMADA STRUGGLE It is a new experience for us that water becomes a market commodity .It is alien to our habits. To sell bottled water is unjust and anti- nature. Veloor Swaminathan states the rationale of the struggle in these simple statements.The struggle against the multi-national Coca-Cola factory at Plachimada of Perumatty Panchayat in Chittoor Taluk of Palakkad district, Kerala has shown unique consistency and perseverance for the last two years. It has attracted considerable amount of international media attention and thus being projected as a symbolic model of resistance against multi-national colonization. As a result, similar struggles against Coca-Cola and the exploitation of scarce groundwater resources for its sake, is gaining momentum in Sivaganga in Tamilnadu and in Orissa All these struggles have to be viewed in a perspective that would unveil the ruthless exploitative face of globalization and its agents, the multi-national giants. Rugmini (46), a resident of Plachimada colony, says that she does not experience any water scarcity before the company started functioning. We live here for the last 20 years. Before two years we need not have to go out to fetch water. But today we walk a distance of two and a half kilometers to collect two pots of water. The Panchayath who is supposed to serve the people dose not take any action to resolve this problem. They for more than one and a half years are agitating against the human rights violation of the factory. People representing the five most affected colonies adjacent to the factory, who belong to Eravala, Malasar tribal communities and other scheduled cast communities have been holding demonstrations and sit-in strike in front the factory for the last one and a half years .On April 22nd 2002,around2000 men, women and children dwelling around the Hindustan CocaCola Beverages Pvt. Ltd at Plachimada, picketed the factory and gave an ultimatum to the authorities to quit immediately. The Adivasi Gotrasabha leader Ms. C.K.Janu inaugurated the overwhelming function. The police arrested all the people participated in the function. Blockades, Dharna and Picketing were all resorted to during this continuous protest against the wrongs of the mighty by the poor and the weak. The police accusing them of raising slogans against the multinational company, blocking the workers from entering the factory and indulging in anti-social activities, registered several cases against these poor people and their leaders. The company filed a case (OP No.11598) in the High Court demanding police protection from these anti- social elements. The accused were Vilayodi Venugopal (Chairman,Adivasi Protection Council),Veloor Swaminathan(Convenor, Action Council) Subrahmanyan, Murukesan, Kochikkadu Mani,and Pazhaniswmi. But the High Court accepted a counter petition in file submitted by the Action Council explaining that they were waging a very just protest and it was their legitimate right to demonstrate in a peaceful and democratic manner. The MNC was clever enough to influence the media not to give coverage to the struggle. Obviously the news papers except a few cannot go against the interests of the MNCs like the

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HCC. Political parties, irrespective of their ideologies for or against globalization and WTO, have wooed their best to protect the interests of the factory depriving the basic rights and physical existence of those who elected them to power. As the days went by the national media just cannot but to give due coverage as the struggle was gaining momentum and international media attention Cases were registered one after another but it didnt affect the morale or political will of the people whatever be the financial burden it rendered.The giant factory that can literally dictate terms to political rulers, law enforcement agencies, civil servants etc., used its money power and muscle power to silence the people and it has been partly successful so much so that the police department, despite the fact that the petition by the factory for Police protection was dismissed by the high court of Kerala, has mis-informed the people that the factory has been granted police protection by the high court. There is heavy deployment of police at the gate of the factory threatening the poor people of dire consequences if any attempt is made against the smooth functioning of the factor. THE MAJOR ISSUES AND DEMANDS The major issues, rose by the protesters and the media were mainly focused on the depletion of water and its contamination. Government departments, International and National media personnel and a few independent social organizations had conducted investigations on these lines which depicted the seriousness of the problem to a great extend. The test results of the well water and the sludge have proved the cause and effect of the problem beyond doubt. However, problems related to livelihood, health, employment and legal rights are not addressed or studied so far. The major demands of the protesters are the immediate closure of the plant and adequate compensation to all those who have suffered heavy loses due to the unethical functioning of the Company. Although the demand for the compensation has not yet gathered momentum, discussions on that line are very active among the leaders of the struggle and other social activists. Of late the Panchayat had taken a very active role in spearheading the struggle and even moving it in the court. The State Government due to various political and other pressures did not show any positive response to the demands, rather took a passive and at times a pro-company stand which indirectly helped the Company to continue its activities undeterred THE ROLE OF THE PANCHAYAT On request of HCBPL, the Perumatty panchayat had given a licence in January 2000 to run the bottling plant at Plachimada. The permit was renewed regularly, with the last extension being valid till March 31, 2003. The products to be manufactured included Cokes premium brands Coca-Cola, Thums Up, Limca, Fanta, Sprite, Maaza and Kinley soda. As the plant started its production, the Panchayat also started receiving an annual income of Rs 4.65 lakh as building tax, a licence fee amounting to Rs 30,000 and Rs 1.5 lakh as professional tax. Despite the plant being a source of regular revenue, the Panchayat decided to crack down on it when local people started complaining about the deterioration in the quality of well water adjacent to the unit. A year after the villagers started their protest, the 15-member board of the panchayat decided not to renew the licence of the plant on the ground of protecting

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public interest. The charge sheet against the company was that it was causing shortage of drinking water in the area through over exploitation of groundwater sources. The panchayats move was based on section 232 of the Kerala Panchayati Raj (KPR) Act, 1994, which gave the local body sufficient authority tonotify that no place within its jurisdiction shall be used for purposes dangerous to human life or health Under the KPR Act, production of aerated water is one among 159 types of dangerous and offensive trades requiring a licence from the local bodies. October 8, 1999: Hindustan Coca-Cola Beverages Private Limited (HCBPL) applies to Perumatty panchayat for setting up a bottling plant at Plachimada. January 27, 2000: Panchayat gives permission to Coke for setting up the plant and installing 2,600-horsepower electric motor to run the unit. Early 2002: Villagers around the plant notice changes in water quality. April 22, 2002: Residents of the area launch an agitation against Coke. April 7, 2003: Perumatty panchayat decides to cancel HCBPLs licence. April 9, 2003: Panchayat issues notice to HCBPL. April 22, 2003: Objection petition filed by Coke in Kerala High Court (HC). May 6, 2003: Coke representatives appear for a hearing at the panchayat office. May 15, 2003: Panchayat sticks to its earlier decision. May 16, 2003: HC directs Coke to file appeal petition in front of an appropriate authorityand stays lease cancellation. May 22, 2003: Coke approaches the states local self-government department (LSGD). June 11, 2003: LSGD holds hearing. Panchayat, Coke representatives attend. September 18, 2003: Panchayat issues second notice to the company. October 6, 2003: HCBPL files a second petition in HC. Told to reply to the show-cause notice.

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October 8, 2003: Coke gives written reply. October 13, 2003: LSGD passes interim order, questioning the panchayats action of cancelling Cokes licence. It asks the panchayat to form a committee of experts. October 29, 2003: Panchayat moves the HC against LSGDs order. November 3, 2003: Panchayat asks a set of 16 questions from HCBPL and tells the companys representatives to appear before it with all supporting documents and reports. November 13, 2003: Coke requests the panchayat not to hold the hearing. November 14, 2003: HC dismisses Cokes second petition and asks it to appear before the panchayat on November 17. November 17, 2003: HCBPL representatives turn up without documents at the panchayats office. They ask questions about the panchayats findings. The Perumatty Panchayat quoted a number of reports to support its contention that sludge from the plant had contaminated the areas soiland water. But HCBPL claims in a press release: (The sludge) is generated as a by-product of treating effluent water. The biological load is mainly from sugar syrup slippage and it is totally digested. This was also analysed by the KSPCB-approved Poluchem Laboratories, Kochi, and (it has) certified that (the waste) does not contain any toxins.... By and large, the Panchayats stand on the issue was encouraging and raises serious questions regarding the authority of the local body with regard to natural resources. WATER: FACING THREAT In less than three years from the commencement of the factory, the local inhabitants started grumbling, as they started experiencing the change in the quality of their drinking water, their wells went dry, the water-rich agricultural land was turned to drought- stricken leaving all vegetations including coconut plantations shy away leaves indicating to an impending disaster on the livestock, humans, animals and plants. The people residing around the factory complained that the factorys consumption of a huge quantity of ground water through borewells had caused depletion of ground water resources and dried up their open wells. Whatever little water is left behind in the wells have become hard and saline and unfit for domestic use. The depletion and contamination of water in a two km radius of the factory touched acute levels this summer. Veluchami and Krishnaswamy, two nearby residents complained that their wells dried up to the bottom during the last one year. Consequently,

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Veluchami was forced to sell his property to venture somewhere else. Veloor Swaminathan responded philosophically: We consider water as a gift from God .The God of water is Varunan and it is the medicine for all sorts of diseases It is the base of our life The Ground Water Department of the Govt. of Kerala conducted a study on the ground water extraction in the Coca-Cola factory and water level trends in the area several times from March 2002 onwards. The report says, The water level trends in 16 dug wells in the area during this period were studied. Officials of the factory reported that they are pumping about five lakh litters of water per day from six borewells and two dug wells. Although the area has less rainfall than the coastal regions of the state, conditions for ground water recharge are better here because of the gently undulating nature of the terrain. In spite of these favorable factors, heavy draft can lead to depletion of ground water resources. This has happened in nearby areas like Eruthampathy, which has a high density of irrigation and borewells. Hence it is essential to regulate the unscientific withdrawal from ground water regime. The report of the Ground Water Department seems to justify the depletion of water level in the wells by projecting the low rainfall in the affected area. It does not support the argument of the struggling people that the depletion of water level and the bore well pumping by the factory are interlinked. However, the report draws a line of caution on the excessive and unscientific extraction of ground water resource of the region. It says, Since there is drastic fall in the rainfall it is necessary to restrict the exploitation of ground water regime at least till the status improves Using the rainfall data collected from the Meenkara rain gauge station which is four km away from the Coca-Cola plant, in order to substantiate the rainfall effect is also questionable. The report does not explain the correlation. A noted hydrologist Prof. Mahadevan Pillai observes: Deep ground water storage in the area will fast diminish and this will gradually lead to the non-availability of water even in the deep strata. Even if the extraction is from a limited number of wells, the quantum of water drawn decides the rate of depletion.
WATER TESTING RESULTS

The medical officer, Primary Health Centre, Perumatty had conducted a chemical test of the water in three wells in the vicinity of the factory on request of the President, Perumatty Gramapanchayat. The sample water was taken from the wells of 8/22 of Pozhanathal w/o.late Pazhanichami, 8/19 of Subramanian s/o late Maniyappan and 8/16 of Mthuswami s/o late Ayyappan. The water was sent to the Regional Analytical Laboratory, Calicut for chemical analysis. The water analysis report was sent to the Medical Officer with the remarks that the alkalinity and chlorides in the water were very high and hence not advisable to use it for drinking purpose. The alkaline content in the water was 352/396 and364 parts per million and the chloride level was 770/910 and 860 parts per million which is high above the normal level. An independent organization, IRTC, also conducted tests of the well water samples collected from the vicinity of the plant on 29th June 2002. The test results showed high level of hardness,

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salinity, alkalinity and other chemical components such as chlorides, sulfides etc. (Appendix 12 ) The drinking water in the vicinity of the Hindustan Coca-Cola Beverages Pvt. Ltd is of poor quality. Water having disagreeable taste and turbid appearance is not preferred for domestic use. The high alkalinity, total hardness, chloride content, TDS and MPN value are not conforming to the drinking water standards. The water available is very hard. The dissolved oxygen content is less. Since the MPN value is higher bacterial contamination may be suspected. Hence we feel that the water of the wells of this area is polluted and unfit for domestic use. Prof.Mahadevan Pillai says: Contamination means biological pollution. This will be mostly due to the increase in BOD levels due to the disintegration of biological wastes generated in the company, which is comparatively less. But, pollution due to the chemicals and other minerals present in the washout water and sludge will be considerable. The pollution of well water around the company is mostly due to the spreading of leachate to the surface water from the liquid and solid wastes of the company and partly due to the increasing concentration of minerals due to the decreasing quantity of water. The effects of this on the people will be multifarious, including the crossing of tolerance limits of some of the pollutants. THE REVELATIONS OF BBC The toxic waste from the plant was heavily dumped into the agricultural fields making the poor and innocent farmers of the place believe that the sludge is of high quality manure. This has polluted the soil and the ground water sources. Subsequently the people started complaining of skin ailments and various other health problems. However, the Company denies the charge, claiming that they were giving most of the sludge as manure to the farmers who willingly taken it. Finally the people themselves started a protest agitation in front of the factory, asking the management to remove the waste from their farms. On25th2003 BBC Radios Face The Facts programme reported that dangerous levels of the known carcinogen cadmium have been found in the sludge produced from the plant at Plachimada. ( Appendix 13,14,15 ) The chemicals were traced in an investigation by BBC Radio 4s Face The Facts programme and prompted scientists to call for the practice to be halted immediately. Face The Facts presenter John Waite visited the plant following complaints from villagers that water supplies were drying up because of the massive quantities of water required by Coca-Cola. As part of the probe, Face The Facts sent sludge samples to the UK for examination at the University of Exeter. Tests revealed the material was useless as a fertilizer and it contained a number of toxic metals, including cadmium and lead. The labs senior scientist, David Santillo, said: What is particularly disturbing is that the contamination has spread to the water supply with levels of lead in a nearby well at levels well above those set by the World Health Organisation.

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According to Britains leading poisons expert, Professor John Henry, consultant at St Marys Hospital in London, immediate steps should be taken by the authorities in India to ban the practice immediately. The levels of toxins found in the samples would, he said, cause serious problems - polluting the land, local water supplies and the food chain. The results have devastating consequences for those living near the areas where this waste has been dumped and for the thousands who depend on crops produced in these fields, Professor Henry said. Cadmium is a carcinogen and can accumulate in the kidneys, with repeated exposure possibly causing kidney failure. Lead is particularly dangerous to children and the results of exposure can be fatal. Even at low levels it can cause mental retardation and severe anaemia. Professor Henry said: What most worries me about the levels found is how this might be affecting pregnant women in the area. You would expect to see an increase in miscarriages, still births and premature deliveries. THE GAMES OF THE STATE POLLUTION CONTROL BOARD

The Kerala State Pollution Control Board (KSPCB) has given a clean chit to the Plachimada Coca-Cola bottling plant after conducting more tests on samples of the sludge generated by it. A team of KSPCB personnel lead by the Member Secretary of the board, Mr.K.V. Indulal, collected samples on 5th, 28th and 29th of August 2003 which were tested and a report was submitted to the Government of Kerala. The tests were conducted under the pressure of the challenge raised by the BBC report which claimed that dangerous levels of toxic metals and a known carcinogen, cadmium had been found in the sludge passed on to local farmers as manure by the Coca-cola plant in Plachimada. However, the KSPCB report said that the presence of heavy metals such as cadmium, lead and chromium were well within the allowable limits in the sludge samples collected. The tests also revealed, the report claimed, that the water in the wells located around the company and land applied with the sludge as manure were not contaminated with heavy metals. According to the report, The solid waste generated from the company will not come under the purview of hazardous waste. However, the solid waste ... is not advisable for application on land as manure. Hence, as utmost precaution, the company should handle the solid waste as per the procedures and safeguards prescribed under the Hazardous Waste (Management and Handling) Amendmen Rules, 2003. In the 12 sludge samples collected, the presence of cadmium was found to be in the range of below detectable level to a maximum of 36.5 mg a kg of dry weight. The limit for classifying a solid as a hazardous substance in the case of cadmium is 50 mg a kg of dry weight. The maximum level of lead found in the sludge samples was 401.40 mg a kg, while the limit is 5,000 mg per kg. In the case of chromium, the maximum content found was 296 mg per kg against the danger limit of 5,000 mg per kg. These tests contradict the earlier findings of the KSPCB. On August 6, 2003 the KSPCB chairman , Paul Thatchil, announced at a press conference that tests conducted then had shown 201.8 mg a kg of cadmium in the sludge samples collected from Plachimada. This shows the double standards and bureaucratic maunuering from the part of the government to appease the multinational giant and to allow it to continue its anti-people and anti-ecological activities. On August 22nd 2003,The Government said the sludge supplied by the bottling plant unit of Hindustan Coca-Cola Beverages Limited at Plachimada, to farmers for use as fertilisers contains dangerous levels of Cadmium and Lead. In a written reply to the Rajya Sabha, Minister of State for Environment and Forests Dilip Singh Ju Dev said, farmers as manure and landfill were using the sludge generated by this factory. However the Kerala State Pollution Control Board (KSPCB) which had analysed the sludge and effluent generated by the factory, has now instructed the factory not to let the sludge out of their premises and not use it as manure even within the premises. THE SOLUTION
LEGAL POSITION OF THE PLACHIMADA ISSUE

Under the Indian Constitution (Article 243 G), the legislature of a State may endow the Panchayat (elected body at the village level) with necessary powers and authority to function as an institution of self-government. However, this is, as such, an ideal rather than a reality. There are several provisions in the law, which guards against the local self government institutions taking arbitrary decisions. Also, there is provision allowing aggrieved parties to appeal to a tribunal duly constituted under the Act against decisions of the elected panchayat. The Kerala Panchayat Raj Act also allows an entrepreneur to appeal to the Government of Kerala, against the decision of a

Panchayat. However, such a tribunal has not been constituted in Kerala so far and hence the Deputy Director of Local Self Government Department is deemed to be the appellate authority for the interim period. The license issued to Hindustan Coca Cola Beverages Ltd. By the Perumatty panchayat was valid until 31-2-2003. For extending the license for another year from 1.04.2003 onwards, the company applied to the panchayat on 26.02.2003, paying a license fee of Rs. 30,000. As per Section 236(3) of the Kerala Panchayat Act, the panchayat should have replied to the application within one month, i.e., by 26.03.2003, failing which the consent would be deemed to be granted. The Perumatty Gramapanchayat did not reply to the companys renewal application within the stipulated time of one month. Instead, on 07.04.2003, the 15-member panchayat board held an urgent meeting and decided NOT to renew the license issued to the Coca - Cola factory on the ground of protecting public interest, as the company was causing shortage of drinking water in the area through over-exploitation of ground water sources. The copy of the decision was communicated to the Chief minister, the Minister for Industries, the Opposition leader, the District Collector, and the Deputy Director, Local Self Government Department, Govt. of Kerala. Subsequently, the panchayat also issued a show-cause notice to the company (as to why the license should not be cancelled) on 09.04.2003, granting the company 15 days (i.e., upto 24.04.03) to reply to the notice. Instead of replying to the panchayat, the company moved the High Court of Kerala seeking urgent relief under certain extraordinary jurisdiction of the High Court. On 22.04.2003, Justice K.K. Denesan of the High Court gave an interim order. Based on HCBLs petition, the High Court granted further extension of time for one week (i.e., before 01-05.2003) to the company for replying to the show-cause notice issued by the panchayat. The High Court also directed the Panchayat secretary to provide the company an opportunity to be heard. The court directed the panchayat to take appropriate decision on the basis on the companys reply within a period of two weeks. The judge concluded that a status quo should be maintained till 16.05.2003 or till a decision is taken by the panchayat, whichever was earlier. HCBL submitted a detailed reply to the panchayat on 30.04.2003, challenging the contentions of the show cause notice. On 06.05.2003, the panchayat board heard the company officials contentions. On 12.05.2003, after discussing the companys claims, the panchayat board once again stood by its earlier decision not to renew the license issued to the company. The panchayat board meeting approved a resolution to this effect and sent a copy to the company. On 15.05.03, the panchayat submitted its decision to the High Court On 16.05.03, vacation judge K. Thankappan of High Court heard the companys petition. Without commenting on the merits of the claims, the High Court of Kerala on 16th May granted records produced and the arguments adduced call for a detailed independent investigation to prove that the quality of the soft drink produced by the Company conforms to approved standards and that the activities of the Company have no adverse impact on the environment of the area. Further in the report the Secretary asks the Panchayat to constitute a team of experts from the departments of Ground Water, Public Health and State Pollution Control Board to conduct a detailed permission to Hindustan Coca - Cola Beverages Ltd. to move the appellate authority (under Article 276 of the Kerala Panchayat Act). The concerned authority shall consider the representation and pass appropriate orders within one month, Justice Mr. K. Thankappan of the High Court ordered. The court directed that the appellate authority, viz., the Deputy Director of Panchayats, Govt. of Kerala, should give his decision on the matter within one month. The court ordered that, till such time as the Deputy Director took a decision on the appeal, status quo should

be maintained. Based on these conclusions, the Original Petition of the company was disposed of on 16.05.03. The Deputy Director of Panchayats referred the case to his higher-up official, the Director of Local Self Govt. Department. The Director, LSG Dept. has ordered a status quo on the matter, granting the company permission to operate the plant till a final decision is made after hearing the claims of the panchayat. A first round of hearing was held on 27.06.2003. Further discussion was held on 18 July 2003. The Secretary to Government LSGD, P. Kamalkutty submitted the report on 13th October 2003, in which he said that the Govt. had examined the whole issue in detail and arrived at the following conclusions: It is a fact that the Panchayat has not conducted any scientific enquiry or obtained any report from competent agencies before taking the drastic step of canceling the license already issued by it. It is an admitted fact that the water level in the nearby wells have gone down, but it is not conclusively proved that this is due to the over extraction of ground water by the Company. It is also admitted that the quality of water in at least some of the wells in the area got deteriorated, but there is no clinching evidence to prove that this is due to the activities of the Company.In short, though there is no conclusive evidence to prove the adverse effects of the activities of the Company on the environment and health of the people in the locality, the investigation into the allegations leveled against the Company and its products. The Panchayat is bound to take a decision only after the investigation team puts it findings on the table. Till then the stay granted by the Govt. on 12.6.2003 against the order of cancellation of license by the Panchayat will continue in operation. This lukewarm stand taken by the Secretary LSGD clearly was intended to buy more time for the Govt. and to let the Company to function without any legal hazards. Ironically the State Pollution Control Board had its three reports out of which one definitely acknowledges the presence of toxic substances in the sludge above permissible level. Moreover, the three tests of the well water samples collected from the vicinity of the plant, conducted by the District Medical Officer, affirmatively puts his finding that the water is not potable and should not be used for domestic purposes. The Ground Water Department report also draws a line of caution on the excessive and unscientific extraction of ground water resource of the region. On the 17th July 2003 the irrigation dept. minister T. M. Jacob declared during a television chat that the factory will have to be closed if the people of the locality do not want it there. All these three Govt. departments had their reservations about the activities of the Company and its long- term consequences well before the LSGD Secretarys suggestion to have one more independent investigation. When the State withdraws from itsresponsibility to give protection to the basic properties and rights of the people, especially the poor, it creates a democratic vacuum in which the agents of globalization can easily plunder and reap maximum out of it. The Kerala High Court, on December 16th, directed Hindustan Coca-Cola Beverages Private Limited to find out alternative sources of water for its bottling plant at Plachimada in Palakkad in a month.This judgement was a response to the writ petition filed by the Perumatty grama panchayat against a government order staying the cancellation of licence of the company.The judgement by Justice K. Balakrishnan Nair also directed the Perumatty grama panchayat not to interfere with the functioning of the company if it draws and uses water from other sources. However the company is allowed only to use the quantity of water equivalent to that used by a landowner with 34 acres of land. The panchayat and the State Government had been directed to ensure that the company did not extract any excess ground water after one month from the day this judgement was issued. They should also ensure that all the borewells were closed after one month.

The court held the panchayat responsible with the help of the Ground Water Department should find out the quantity of water a landowner with 34 acres had been using for his/her domestic and agricultural purposes. The judge held that the ground water belonged to the people and the Government had no right to allow a private party to extract such a huge quantity of ground water which was a property held by it in trust. If the company were allowed to draw such quantity of water, then similar claims of other landowners would have to be allowed. It would result in drying up the ground water. C.R.Bijoy, social and media activist, comments on the HC verdict with a different note: The whole issue is reduced to the issue of how much water the Coke plant can extract from the ground right below the plant in order to ensure that the factory continue its operation. Please note that the media and Political Parties are trying to make out that the issue is now solved..goes to show the nexus operating. Issues that constitute the living reality and problems of the people, primarily the Adivasis, of Plachimada who has been agitating for over 604 days now: 1. The issue of water for the people of Plachimada: Water is no longer potable; who is responsible to reverse the situation? Who pays for the ecological damage and its impacts on health, economy, employment, agriculture etc; The issue of accountability; Coke's criminal liability on various fronts 2. The issue of toxic waste: Criminal liability; ecological accountability etc. A Division Bench of the Kerala High Court on Thursday admitted the writ appeal filed by Hindustan Coca-Cola Beverages Private Ltd challenging the judgment of a Single Judge directing the company to stop drawing groundwater for its use after one month. The Bench, consisting of Justice Cyriac Joseph and Justice K Padmanabhan Nair, reserved its orders on their petition to stay the operation of the judgment pending appeal. According to the company, no permission of a Grama panchayat is required for the installation or establishment of an industrial unit. C.R.Bijoy gives an update of the Government strategies: The Assembly Subject Committee, which is looking into the Plachimada issue, has instructed the Ground Water Authority and the Kerala Pollution Control Board to carry out a more detailed scientific study. The Committee felt that the report of the Ground Water Authority and the second report of KPCB do not reflect the reality, according to Minister T.M Jacob headed committee. The Ground Water Authority has been instructed to study the conditions in 50 wells in Plachimada with regard to the level and quality of water. The Perumatty Panchayat is to identify the 50 wells and inform the Committee. The Ground Water Authority had in a casual manner filed an earlier report, which states that there was a fall in water levels in some wells while some wells increased in the level within the factory premises itself. The authority did not take into consideration all factors. The present study is to be completed within the next two months. The KPCB had in their first report confirmed the findings of BBC Radio and even stated that the toxic content in the waste actually exceeded the levels reported by BBC. The second study was conducted after the Member Secretary of the Board K.P Indulal informed the factory before conducting the study. This study concluded that the toxic content is within permissible limits. This study was conducted when the normal production was not there and besides lacked the character of a surprise check. The Committee felt the first report of KPCB was thus credible. There would also be a public enquiry where the opinions of the public and other interested persons would be taken and the dates would be announced later.

CONCLUSION From the above findings of the study it can be definitely assume that the problem is wide ranging, affecting the water sources of the locality and the livelihood of the people at large. It is effected due to the indiscriminate corporate crime of a multi-national giant committed against the poorest people of a third world country. This crime manifests in different layers with varying effect and long-term consequences. It is a denial of right to water The plant is depleting water sources by excessive extraction of ground water resources. Denial of the right to livelihood Destruction of the agriculture by depleting water and dumping toxic waste on the field. Causing pollution Over extraction of ground water causes pollution in the nearby wells whereas the sludge dumped on the field contaminates the ground water sources through the spreading of leachate during rainy season. It is believed that the toxic chemicals found in the sludge are from the washout water collected after the washing of the empty bottles. The company had not set up adequate waste treatment facilities even today Cheating the farmer The company was distributing the sludge to the local farmers; impressing them that it is a very good manure. They also concealed the fact that the sludge contains toxic chemicals that are very harmful to human health and environment at large. Violation of Kerala Land Utilization Act The Company violated the KLU Act of 1967 by converting the agricultural land into non-agricultural purposes. Violation of Ground Water Rules The Company is not paying market charges for the water they extract and use. Infact, the water being used by the plant is not a small quantity but a mega 5 to 6 lakhs liters per day and which is at the cost of the poorest lot residing around the factory. Violation of Human Rights and Womens Rights Denial of water is a violation of the basic right of the people. The company created a situation that the women folk have to walk kilometers to fetch pure drinking water. Causing health hazards Several uncommon diseases such as abnormal hair falling and itching over the body were observed after the company started functioning and people started using the contaminated water. All these violations from the part of the company focus the issue on one ultimate point; compensation for the losses-land, water, air, employment, education, health- incurred upon the people. It is high time that the struggle has to take a different path, a consistent and strong legal fight, to win over this giant MNC once and for all.

APPENDIXES 1. Table 1. Rainfall Data 1998 to 2002 ( mm ) District Alappuzha Eranakulam Idukki Kannur Ksaragod Kollam Kottayam Kozhikode Malappuram Palakkad Pathanamthitta Trivandrum Thrissur Wayanad
Kerala Avg.

1998 3098.1 3320.8 4249.2 3489.2 3769.7 2522.5 3392.4 3385.6 3031.9 2425.8 3149.9 2071.2 3337.5 2433.2
3119.8

1999 3100.8 3047.8 3832.7 3036.4 3233.6 2885.9 2971.9 2818.9 2851.5 2119.7 3369.4 1924.6 2761.3 2227.9
2870.2

2000 2638.1 2657.5 3218.2 2918.1 3155.7 2336.0 2398.9 2529.1 2190.9 1829.9 2681.8 1500.4 2072.7 2345.4
2462.3

2001 2831.2 3747.0 3940.6 3033.6 3923.8 2510.5 3170.4 2776.4 2689.7 2032.5 2958.5 2221.1 2772.4 2071.8
2905.7

2002 2562.7 2893.3 3156.4 3107.5 3223.0 2273.3 2780.2 2710.8 2281.3 1750.3 2531.8 1504.3 2522.8 1914.2
2515.1

Source: India Meteorological Department , Trivandrum

2.
Table 2; Demographic Details of the villages

Percentage Colony Plachimada Vijayanagar Rajeevnagar MadhavanNair Kampalathara Total Adivasi 36 42 25 100 10 34 Dalit 7 8 10 0 20 10 Others 57 50 65 0 70 56 Total 100 100 100 100 100 100

3. Table3: Main Occupation Percentage Distance 2Km. Radius 3Km. Radius Total
4. Table 4: Change in job opportunities

Farmer 7.3 11.8 10.8

AgriL abour 40.0 32.8 34.4

Others 52.7 55.4 54.8

Percentage Distance 2Km.Radius 3Km. radius Total 5.

Table 5: Annual Household Income

Decrease 86.7 92.0 90.6

Increase 8.9 4.0 5.3

Nochange 4.4 4.0 4.1

Percentage Distance 2Km.Radius 3Km.Radius Total Upto 30000 29.1 43.5 40.2 3000046000 36.4 32.3 33.2 >46000 34.5 24.2 26.6

6. Table 6. Indebtedness Percentage

Distance 2Km.Radius 3Km.Radius Total

Up to 5000 46.5 42.3 43.5

5000 to 50000 48.8 40.5 42.9

> 50000 4.7 17.1 13.6

7. Table 7. Land and Yeild Average area Wet land Dry land Ownership Value of land Paddy field Coconut Vegitables 3 to 5 acres 90% 10% Farmers Nil 3 to 5 acres 1.5 to 2 acres

8. Table 8. Production Pattern Item Paddy Coconut Vegitables 9. Table 9. Irrigation Ownership of the pump HP(before) HP(after) Time(before) Time(after) Self 5Hp 5Hp 14 hrs 15 mnts. To 2 hrs. BeforeCompanysArrival 30 sacs 500/acre 30 sacs AfterCompanysArrival Nil 150/acre 10 sacs

10. Diseases Reported After the Cola Factory Operations : Summary table

Disease Hair falling Burning eye Cough Vomiting Pain in limbs Asthma Blood Pressure Stomach Ache Diarrhea Fatigue Skin disease Giddiness Fever Joint pain Knee pain Loss of vitality Anemia Excess in nearby villages 1355 677 677 677 508 339 339 217 203 169 145 131 72 0 0 0 0 100

1.
Birth-weight near Cola Factory during 1996-2003

Wight in Kilogram Percentage Period 1996-2000 2001-2003 Total Under2.5 15.1 31.1 21.2 >2.5 84.9 68.9 78.8 Total 100 100 100

12. WATER QUALITY ANALYSIS REPORT Name of the Institution: IRTC (Environmental Laboratory)

Source of the Sample: Dug well and drilled well Sample Near Hindustan Coca Cola Company

Sample: 1
Sl. No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Parameter Odour Taste Turbidity Total dissolved solids PH Temperature Conductivity Dissolved Oxygen Total hardness (as caco3) Calcium hardness Magnesium hardness Chlorides (as cl) Salinity Alkalinity Sulfide MPN count /100ml Unit Limit Unobjectionable Agreeable 10 500 6.5-8.5 50-500 4-8 300 75 30 250 100 0.4 Nil Test Result Unobjectionable 11.2 1100 6.7 28 180 4.2 1110 450 660 519.4 949.2 1390 3.2 34

NTU Mg/l 00 s/cm Mg/l Mg/l Mg/l Mg/l Mg/l ppt Mg/l Mg/l

Sample: 2
Sl No 1 2 3 4 5 6 7 8 Parameter Odour Taste Turbidity Total dissolved solids PH Temperature Conductivity Dissolved Oxygen Unit Limit Unobjectionable Agreeable 10 500 6.5-8.5 50-500 4-8 Test Result Unobjectionable 30.2 1254 6.6 28 236 -

NTU Mg/l 00c s/cm Mg/l

9 10 11 12 13 14 15 16

Total hardness (as caco3) Calcium hardness Magnesium hardness Chlorides (as cl) Salinity Alkalinity Sulfide MPN count /100ml

Mg/l Mg/l Mg/l Mg/l ppt Mg/l Mg/l

300 75 30 250 100 0.4 Nil

1240 980 260 489 895 1425 2.8 -

13. ANALYTICAL RESULTS Sample Number: NGP03022 Sample Type: Solid waste Location: India Sampling Date: 07.07.03 Sample Information: Collected from a farm where the waste from the Coca Cola plant is dumped

INORGANIC ANALYTICAL RESULTS

Analysis by accredited external laboratory Element Concentration (mg/kg dry weight) Aluminium 1800 Cadmium <0.10 Chromium 9.0 Copper <0.50 Iron 2500 Lead <1.5 Manganese 22 Nickel 4.5 Phosphorus 255 Zinc 170 14. ANALYTICAL RESULTS Sample Number: NGP03023 Sample Type: Solid waste Location: India Sampling Date: 07.07.03 Sample Information: Waste material collected from land near to the Coca Cola plant

INORGANIC ANALYTICAL RESULTS

Analysis by accredited external laboratory Element Concentration (mg/kg dry weight)

Aluminium 4000 Cadmium 100 Chromium 190 Copper 90 Iron 10000 Lead 1100 Manganese 63 Nickel 33 Phosphorus 1580 Zinc 680 15. ANALYTICAL RESULTS Sample Number: NGP03024 Sample Type: Solid waste Location: India Sampling Date: 07.07.03 Sample Information: Waste material collected from farm land approximately 10 kilometres from the Coca Cola plant

INORGANIC ANALYTICAL RESULTS

Analysis by accredited external laboratory Element Concentration (mg/kg dry weight) Aluminium 74 Cadmium <0.10 Chromium 39 Copper 1.2 Iron 9000 Lead <1.5 Manganese 110 Nickel 51 Phosphorus 24 Zinc 39