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TATA plea for injunction against Greenpeace listed for consideration on August 12

India — Delhi High Court today granted Greenpeace India 10 days time to file a written reply in the defamation and trademark infringement suit filed by TATA & Sons. The Court has listed the matter for August 12 to consider TATAs application for grant of an interim injunction against Greenpeace India’s ‘Turtle vs TATA’ pacman-inspired online game.
Citing the online game on Greenpeace India’s website, TATA & Sons have filed a suit in the Delhi High Court claiming defamation and trademark infringement and asking for Rs.10 crore (USD 2.1 million) in damages.

“The Dhamra project symptomatically represents all that threatens India’s coastline and the fact that state and central authorities continue to turn a blind eye to the irregularities in the project is shameful. Greenpeace continues to oppose the project. If the UPA government and Jairam Ramesh are serious about protecting India’s coasts they need to make sure that the mistakes of Dhamra are not repeated” said Ashish Fernandes, Oceans Campaigner, Greenpeace India. “We are asking that no new ports or expansion of existing ones be permitted within 25 km of eco-sensitive or CRZ I areas. This is critical as over 300 ports are proposed for the coast of mainland India” he further added.

The Dhamra port project has been opposed by conservationists, environmental groups, researchers and scientists ever since it was proposed in the 1990s, on account of its proximity to the Bhitarkanika National Park and Gahirmatha Marine Sanctuary, and the habitats of endangered species including the saltwater crocodile and olive ridley sea turtle.
Vision, video, photos, report information

Ashish Fernandes, Oceans Campaigner, Greenpeace India, +91-99801 99380, ashish.fernandes@greenpeace,org
Hozefa Merchant, Media Officer, Greenpeace India, +91-98195 92410, hozefa.merchant@greenpeace.org


TATA tries to silence critics, takes Greenpeace to court

Delhi, India – Claiming defamation and trademark infringement, TATA Sons has filed a lawsuit against Greenpeace in the Delhi High Court, asking for Rs. 10 crore in damages. The case is listed for hearing on July 27. Greenpeace has been an outspoken critic of the Dhamra Port Project, being co-developed by TATA Steel, on account of the threat it poses to nearby protected areas and endangered species, including the olive ridley turtle.

The lawsuit filed by TATA is an act to silence its critics. “TATA’s threat of legal action is a desperate attempt to stifle the growing criticism over their port project, and divert attention from the real issue of the impact it will have on a biodiversity rich area. Public opinion is on the side of the turtles – over 150,000 Indians, leading scientists and turtle biologists(1), politicians and national NGOs(2) have come out against the port. By first ignoring and now trying to silence these voices, TATA is showing that it cares only about its bottom line, and not the environment,” said Ashish Fernandes, Oceans Campaigner, Greenpeace India.

The Dhamra port has been opposed by researchers and wildlife groups since it was first proposed in the 1990s, on account of its proximity to the Bhitarkanika and Gahirmatha protected areas. Bhitarkanika is India’s second largest mangrove forest and the last stronghold of the saltwater crocodile, while Gahirmatha is one of the world’s largest nesting grounds for the endangered olive ridley sea turtle. The port is less than 5 km from Bhitarkanika National Park and less than 15 km from the mass nesting beaches at Gahirmatha Marine Sanctuary.

The Dhamra port is scheduled to be operational within a few weeks, despite unresolved legal issues. Government documents obtained under the Right to Information Act show that the port is in violation of the Forest Conservation Act, 1980. Acting on these documents, prominent conservationists have challenged the project in the Supreme Court(3), where the case is currently pending. Earlier this year, over 20 national politicians (4) wrote to Union Minister for Environment and Forests Jairam Ramesh asking him to take action on this issue; the Minister has thus far refused to take a public stand.

“Greenpeace believes in non-violent creative confrontation and our ‘Turtle vs TATA’ game is a result of that belief. The game has become very popular in the online world since its launch, even generating media articles(5) about creative activism,” says Avijit Michael, Greenpeace Online Campaigner. “Over 150,000 people have supported the campaign against the Dhamra port – that figure should be respected and answered to,” he added.

Over 300 ports are planned for the coast of mainland India. To ensure that mistakes like Dhamra are not repeated, Greenpeace is asking Environment Minister Jairam Ramesh to strengthen the Coastal Regulation Zone notification to exclude new ports or expansion of old ones within 25 km. of ecologically sensitive (CRZI) areas.

Notes to Editor
1. http://greenpeace.in/turtle/wp-content/pdfs/scientist-statement.pdf
2. http://greenpeace.in/turtle/wp-content/pdfs/letter-to-ratan-tata-wpsi.pdf
3. http://greenpeace.in/turtle/docs/moef-dhamra-fca-violation-june-12-2009
4. Business Standard – http://www.business-standard.com/india/news/green-lobby-seeks-action-against-dhamra-port/395270/
5. Wall Street Journal – http://blogs.wsj.com/indiarealtime/2010/06/29/campaign-20-turtle-vs-tata-the-game/

Vision, video, photos, report information

1. Ashish Fernandes, Oceans Campaigner, Greenpeace India +91 9980199380 ashish.fernandes@greenpeace.org 2. Hozefa Merchant, Media Officer, Greenpeace India +91 9819592410 hozefa.merchant@greenpeace.org


Environment Ministry’s Pre-draft CRZ Notification 2010 rejected by fishermen, environmentalists

Commitments broken, hopes betrayed

New Delhi, June 17, 2010: The National Coastal Protection Campaign (NCPC), a collective comprising of a broad range of fishworker groups including the National Fishworkers Forum (NFF), fishworker support organisations and environmental groups jointly rejected the Ministry of Environment’s ‘pre-draft’ CRZ 2010 notification for being anti-people, anti-environment and pro-industry (1). Most of the concerns and issues raised during the public consultation process undertaken by Minister Jairam Ramesh between August 2009 and March 2010 have been ignored in the ‘pre-draft’, despite assurances from the Minister that these would be taken on board.

“The ‘pre-draft’ is doubly disappointing as we had high hopes that Mr. Ramesh would ensure a much improved legal regime that would better regulate destructive development on the coast, and protect the livelihoods of traditional fishers”, said V.Vivekanandan, Convenor, NCPC. “The contents of this pre-draft are extremely disappointing as it is grossly inadequate to control the rampant industrialization on the Indian coastline. It also fails to address the dwelling and livelihood rights of the fishing community, providing only token concessions”

Notably, many of the recommendations contained in the “Final Frontier Report”, submitted by the MS Swaminathan committee in 2009, have been completely ignored (2). On the issue of port development, the Swaminathan committee had recommended a moratorium on new ports until their cumulative impacts were studied (3). However, the pre-draft makes no effort to control the growth of ports through a zoning system that keeps port developments at least 25 km. away from the most critical habitats (CRZ 1 areas), as suggested by many.

“The issue of the carrying capacity of the coastline with reference to developmental projects is completely missing. The proliferation of mega ports near CRZ1 and other ecologically sensitive areas has been a matter of controversy for some time now, from Dhamra on the eastern coast, to Mundra and Tadri on the west. Not only does the pre-draft ignore this burning issue, it is opening up coastal areas to further unsustainable development,” said Sanjiv Gopal, Oceans Campaign Manager, Greenpeace India.

There are currently over 300 ports proposed along the coast of mainland India, of which over 200 are notified (4). This would translate to roughly a port every 20-25 km! Besides its own impact, port development is invariably accompanied by other industries, power plants, railway lines, highways, hotels, SEZs, residential complexes, etc. that can have multiple detrimental impacts on the coast. The premise for port expansion on this scale also needs to be questioned given that all major ports are currently under-utilised and operating below capacity.

“There has been a consistent demand to recognise the rights of fishing communities in management and protection of the coasts. This requires a fundamental shift from providing concessions to recognising the rights of fishing communities” said Matanhy Saldanha, Chairperson, National Fishworkers Forum and former Minister for Tourism, Government of Goa. “We are calling on the Ministry to incorporate the specific inputs that have been provided to them by groups such as the NCPC and the National Fishworkers’ Forum, and come out with a notification that strengthens, not dilutes, the protection of India’s coasts and the communities that depend on them,” he concluded.

Notes to Editors:
(1)The NCPC is a platform of fishworker organizations, environmental and conservation groups who are concerned about coastal and marine issues. Its membership is broad based and includes the National Fishworkers Forum, South Indian Federation of Fishermen Societies, Tamilnadu – Pondicherry Fisherpeople’s Federation, International Collective in Support of Fishworkers, Kalpavriksh Environmental Action Group, Greenpeace India, World Wide Fund for Nature, Conservation Action Trust, Centre for Education and Communication, Pondy Citizen’s Action Network, Dakshin Foundation and TRINet, amongst others. Refer to http://greenpeace.in/turtle/docs/letters-to-moef-on-crz-proposals for Greenpeace and NCPC’s submission to the MoEF.

(2)In July 2008, the MoEF issued a draft notification under sub section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) inviting suggestions and objections from the public. In response, the MoEF received large number of suggestions and objections on this draft notification, which was examined by a committee under the Chairmanship of Prof. M. S.Swaminathan. This committee after examination of the comments received submitted the Report titled Final Frontier”. This Report recommended to let the draft Coastal Management Zone Notification, 2008 lapse and to strengthen the CRZ Notification, 1991. The MoEF accepted the recommendations of this Report and let the draft CMZ Notification, 2008 lapse and undertook public consultations with fishermen and coastal communities and other civil society representatives, across the eight coastal states, between August 2009 and March 2010. These consultations were organized by Centre of Environmental Education (CEE), who submitted the Report of the consultation process in 25th March, 2010

(3)Refer to http://envfor.nic.in/mef/cmz_report.pdf “page 20 – Introduce regulations to manage the proliferation of ports along the coasts, with possible impacts on the coastline, by considering cumulative impacts of these developments.”

(4)The Working Group Report on Shipping and Inland Water Transport for the Eleventh Five Year Plan – http://planningcommission.gov.in/aboutus/committee/wrkgrp11/wg11_ship.pdf

For more information, contact:
Sanjiv Gopal, Campaign Manager – Oceans, Greenpeace, sgopal@greenpeace.org, +91-98455 35416
Matanhy Saldanha, Chairperson, NFF, matanhysaldanha@gmail.com, +91-98221 60941
V.Vivekanandan, Convenor, NCPC and Advisor, SIFFS, vivek.siffs@gmail.com, +91 98470 84840


MPs ask Jairam Ramesh to act on Dhamra port forest violation

May 17th, 2010, Bangalore: Over 20 politicians, cutting across party lines, including parliamentarians and members of the standing committee for Science and Technology, Environment and Forests have called on Minister Jairam Ramesh to take action against an ongoing violation of the Forest Conservation Act (FCA) for the construction of the Dhamra Port, Orissa (1). The Dhamra port is one of India’s most controversial infrastructure projects, and fears have been expressed by a large number of scientists and conservationists that it will pose a long term threat to the mass nesting grounds of the endangered Olive Ridley Sea turtles and also to the mangrove forests of the Bhitarkanika National Park (2). Recent evidence of a Forest Act violation on the part of the Dhamra port authorities has cast an additional shadow over the project (3).

In their letters to the minister, they have stated that “the Ministry of Environment and Forests has been a silent bystander to a violation of shocking proportions”, and have called for immediate action from the ministry to ensure that the FC Act is upheld and violations cease immediately. Jairam Ramesh has recently gone on record saying that the ministry will take action in case of any such violation.

“It’s been over eight months since the Supreme Court sought a response from the government on this violation, yet Mr. Ramesh’s ministry has remained silent. Today, parliamentarians have joined over 150,000 Indians who have opposed this project on account of its location” said Sanjiv Gopal, Campaign Manager – Oceans, Greenpeace India. “Mr. Ramesh must respond to the very serious concerns raised, by ensuring that the FC Act is upheld and all violations are stringently punished,” he added.

Documents obtained under the Right to Information Act prima facie reveal that the Dhamra port construction is in violation of the FC Act. Officials within the Ministry of Environment and Forests and the Orissa Forest Department have stated that the entire Dhamra port area is Protected Forest land, and permission for construction of the port was never sought from the Centre, as is required by the F(C) Act, 1980. This amounts to a massive legal violation which has gone unpunished for several years.

The Ministry of Environment and Forests inaction on this issue has far reaching implications, beyond the Dhamra port. There are currently 331 proposed new ports along the Indian mainland (4), with over 200 notified, an average of one port approximately every 25 km. In Orissa itself, there are ports proposed near all of the turtle mass nesting beaches. Such a massive port expansion will wreak havoc with coastal ecosystems and traditional fisheries livelihoods.

“Minister Ramesh’s position on Dhamra will serve as an indicator of his willingness to regulate coastal development more effectively, a promise he has made in public during the consultations to strengthen the Coastal Regulation Zone Notification,” concluded Gopal.

For further information, visit http://www.greenpeace.in/turtle or contact

  1. Shashwat Raj, Media Officer, Greenpeace India, +91-96 8686 1974

shashwat.raj@greenpeace.org

  1. Sanjiv Gopal, Campaign Manager Oceans, Greenpeace India, +91-98 4553 5416, sanjiv.gopal@greenpeace.org
  2. Ashish Fernandes, Oceans Campaigner, Greenpeace India, +91-99 8019 9380, ashish.fernandes@greenpeace.org

Notes to the Editor:

  1. List of MPs who have written to Minister Ramesh includes Mr. Ananth Kumar Hegde, Mr. Basudeb Acharia, Ms. Maneka Gandhi, Mr. Rajniti Prasad, Mr. Jabir Husain, Dr. Ejaz Ali, Mr. Ninong Ering, Ms. Agatha Sangma, Mr. Mansukhbahi Vasava, Mr. Rajiv Pratap Rudy and Mr. Shyam Benegal
  2. List of prominent personalities who have writted to Minister Ramesh includes Dr. Kiran Bedi, Mr. Upendra Baxi, Ms. Amarjeet Kaur, Jurist Krishna Iyer, Swami Agnivesh, Mr. G. Devarajan and Mr. Kuldip Nayar amongst others.
  3. Documents are available with Greenpeace India and can be shared on request.
  1. Refer to http://greenpeace.in/turtle/wp-content/pdfs/scientist-statement.pdf
  1. The Working Group Report on Shipping and Inland Water Transport for the Eleventh Five Year Plan, Planning Commission http://planningcommission.gov.in/aboutus/committee/wrkgrp11/wg11_ship.pdf

‘Censored’ Greenpeace hoardings back up – with a twist!

Kolkata, April 29, 2010: The controversial Greenpeace hoardings across Kolkata city which attracted the wrath of local Congress workers are now back up – with a twist. The original hoardings portrayed an apologetic Manmohan Singh in the year 2020, expressing his regret for not acting to save India’s coast. Congress workers had ‘instructed’ the hoarding owner to take them down. Today, fresh hoardings went up, with blank faces and a ‘Censored’ stamp across them, and a URL location for the original artworks.

On Earth Day, April 22, Greenpeace installed 12 billboards in Kolkata, with the underlying message that if our leaders do not act now to protect India’s marine and coastal environment, they will regret their indecision in the future. The hoardings featured digitally altered photographs of Dr. Manmohan Singh in the year 2020 with the message “I’m sorry, I could have saved India’s coast. I didn’t.” Chief Minister of Orissa Naveen Patnaik and Minister of Environment and Forest Jairam Ramesh were also pictured in a similar fashion, with Ramesh’s message saying that he was not allowed to save India’s coast – a reference to the pressure he is under from industry and members of his own party to go slow on green protection measures.

“These billboards are reminders to our political leaders that they need to act now to protect our coastal and marine ecosystems. Whether its state governments or the leadership at the Centre, the people of India are asking for action to protect our coastal environment, and to ensure that mistakes such as the Dhamra port project in Orissa are never repeated”, said Ashish Fernandes, Oceans Campaigner for Greenpeace India.

The TATA-L&T owned Dhamra port in Orissa is now nearing completion despite evidence of a violation (1) of the Forest Conservation Act, 1980 and other irregularities. The port, which will be one of India’s largest, is located just a few kilometres from the Bhitarkanika and Gahirmatha Protected Areas and has been a source of controversy ever since it was first proposed in the 1990s. Dhamra is going to cater large Capesize vessels – and environmentalists fear that an oil or chemical spill here could have devastating long-term consequences on both Bhitarkanika and Gahirmatha.

“The experience of recent oil spills in Orissa – the MV Malavika at Gopalpur and the Black Rose at Paradip are warning signs that having ports so close to ecologically critical areas is like sprinkling land mines around a playground,” said Fernandes. “That’s why a broad coalition of groups are now calling for a moratorium on ports within 25 km. of any turtle mass nesting beach.”

According to Planning Commission documents, over 300 new ports are planned along the Indian coast, many in ecologically critical areas. Orissa itself plans to build over 10 new ports, many of which will be adjacent to turtle mass nesting areas.

Notes to Editor:
1. Documents obtained under the Right to Information Act show that the entire Dhamra port is being built on Protected Forest land, without permission from the Centre under the Forest Conservation Act, 1980. The Ministry of Environment and Forests and the Orissa state government have known about this violation for several years now, but have not taken any action. An application has been filed by Bittu Sahgal and others in the Supreme Court of India asking that the project be halted on these grounds. The matter is currently being heard by the Central Empowered Committee of the Supreme Court and a decision is awaited.
Hoardings have been installed at these areas in Kolkata

1) Alipore, Opp National library facing Jindal House

2) Dhakuria Bridge, facing Jadavpur

3) Sai Complex FTF City to Airport

4) Salt Lake, at City Center opposite Apollo Clinic

5) Santoshpur Flyover, facing Jadavpur

6) Howrah Station (Double sided)

7) Salt Lake at Karunamoyee Jn

8) On VIP Road at Lake Town Jn. Facing Ultadanga – 2nd Shelter

9) Ganguly Bagan

10) Salt Lake Tank no. 4


Coasts at stake!

As if Dharma was not enough, over 300 ports are coming up near biologically diverse coastal areas across the country.

Write to environment minister Jairam Ramesh and ask him to protect our coasts from permanent damage.



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