Lifting of Ban on Bulk Drug Units

 

The AP Government is understood to be considering, to lift the ban imposed on Bulk Drug Units by G.O.62 dated 28-04-1999, in compliance with the Supreme Court Directive in interim orders dated.12.05.1998 in W.P.N0.1056/90.

 

The justification being put forward for lifting the ban appears to be that the ban order of a decade old, was based on the then prevailing obsolete technologies / processes being adopted / used by the Bulk Drug Industry. The industry can achieve zero discharges by adopting the State of Art Technologies / Processes now available.

 

Ground Realities

 

The Supreme Court in W.P.N0.1056 of 1990, as far back as 1998, directed the industries for segregation of waste streams containing non-degradable pollutants from the degradable ones, for treatment / disposal at the very source of their generation ie at the industry itself, instead of sending it to CETPs. But unfortunately, neither the industry implemented nor the regulating agencies enforced its implementation and the untreated / under-treated effluents, continue to be discharged into 18 KM Pipeline / Sewers / Drains /STPs / Musi River unchecked.

 

The enforcement of measures for the discharges from CETPs to comply with the Surface Water Standards, as stipulated in the Joint Action Plan of CPCB & APPCB of 2-7-2007 submitted to Supreme Court in W.P.No 476 / 2005, & W.P.No 441 / 2005, does not seem to be effective. If they conform to surface water standards, what is the need to transfer the so called treated effluents of PETL, at considerable cost and effort into Sewers by 18 KM Pipeline, ultimately finding their way, through STPs, into Musi River?

 

It is abundantly clear that pollution levels are on the increase, as Pattancheru- Bollaram was identified by CPCB in 2010, as one of the critically polluted industrial clusters in the country. It can also be judged by the fact that as late as  2012, the APPCB served closure notice  to 12 Bulk Drug Companies, whose manufacturing units located  around Hyderabad were indulging in manufacture of 'Unconsented' Products' and stepping up of quantity of production without mandatory prior Environmental Clearance and leading to increased pollution load. 

 

Inaction

 

In accordance with sub-section 15 (1) of The Environment (Protection) Act, 1986 , whoever fails to comply with or contravenes any of the provisions of this Act, or the Rules made or Orders or Directions issued there under shall, in respect of each such failure or contravention , be punishable with imprisonment for a term which may extend to five years or with fine which may extend for one Lakh Rupees, or with both?

 

But, there does not seem to be a single instance, in which penal action was initiated against repeatedly defaulting units with impunity during the last two decades or so. Unless non-compliance of rules / regulations is made a High-Risk Business by strict implementation of the provisions of the Act by stringent Penal Action, the situation may not be very different even after switching over to so called State of Art Technology /  Process.

 

Conclusion

 

Why should the Bulk Drug Industry spend money on State of Art Technology / Process to minimize / avoid  pollution load, when it can be passed on To Others, To Elsewhere and To Future, with out of much of a Risk ?  

 

The Answer is  a) Non -Compliance is to be made A High Risk Business instead of being A High Profit Business as at present .

                             b) Proof of Burden should be on the Polluter  and

                             c) Polluter Pays Principal should be made applicable