Tuesday, December 28, 2010

SHIP - BREAKING INDUSTRY IN INDIA

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, NAGARBHAVI, BANGALORE


PROJECT
ON
LAW AND SOCIAL TRANSFORMATION

TOPIC: SHIP-BREAKING INDUSTRY IN INDIA

COURSE TEACHER: PROF. A. JAYAGOVIND

SUBMITTED BY: RAJAT SOLANKI
ID: 440
LL.M. I YEAR (BUSINESS LAW)





ACKNOWLEDGEMENT

            I would like to express my sincere thanks and gratitude to Prof. A. Jayagovind for his informative lectures on Law and Social Transformation and for guiding me, which enabled me to successfully complete this project.
I would also like to thank the National Law School of India University Library for the wealth of information therein. I would like to thank the Library Staff for their co-operation.
            I would take it as an opportunity to thank my father Dr. Surendra Kumar Singh for giving me valuable suggestions regarding the topic of my project and senior Kumar Abhijeet for guiding me and also like to thank my friends who helped me in the completion of the project within such a short duration. I am grateful to them and few of them need a special mention, namely, Abraham Joseph, Deva Prasad, Kishore Kunal, Priya Vijay, Nidhi Chauhan and Aakash Kukkar.


RAJAT SOLANKI
LL.M. I YEAR            
     ID – 440








CONTENTS
ACKNOWLEDGEMENT……………………………………………………….          2
ABSTRACT………………………………………………………………………           4
(a) Objectives of Study
(b) Scope and Limitations
(c) Source of Data
(d) Chaperisation
(e) Research Methodology
(f) Research Question
 (g) Mode of Citation

                                    INTRODUCTION……………………………………………………            6

CHAPTER I                 SHIP BREAKING INDUSTRY IN INDIA …………............               7

CHAPTER II                ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT……….....................................................................            11

                                        CONCLUSION.....................................................................................            18

                                                BIBLIOGRAPHY……………………………………...                   20



ABSTRACT

 OBJECTIVES OF THE STUDY
            The objective of this paper is to study the ship-breaking industry in India, problems faced by it; it’s the impact on the environment and sustainable development along with environmental protection. The paper intends to offer an insight into the problems of the environmental protection vis-a-vis sustainable development and possible methods of environmental protection.
SCOPE AND LIMITATIONS
The scope of this research paper is confined to an assessment of Ship-Breaking Industry in India, specifically in Gujarat. The paper, however, does not cover every minute details relating to problems of ship-breaking industry.
SOURCE OF DATA
I have relied heavily on the secondary data to accomplish the aforesaid objective and also referred to some elementary books offering an insight into the areas of environmental protection and sustainable development.
CHAPTERISATION
The paper has been divided into Introduction and two chapters namely, Chapter I – Ship-Breaking Industry, Chapter II - Environmental Protection and Sustainable Development, Legal Position and lastly Conclusion. The introductory chapter gives an insight to what actually ship-breaking industry is and highlights the numerous problems arising due to ship-breaking industry. The second chapter deals with the concept of sustainability in general and also highlights certain conventions relating to environment and also throws light on the legal position with the help of decided cases. Conclusion gives an idea of environmental protection.



RESEARCH METHODOLOGY
            The method is purely descriptive and analytical in nature.

RESEARCH QUESTIONS
          I have formulated the following research questions to be looked into and have tried to find answers of it
1.      What is Ship-Breaking Industry?
2.      What problems arise due to ship-breaking?
3.      What are the possible solutions for environmental protection without disturbing sustainability?

MODE OF CITATION
A Uniform Mode of Citation is followed throughout the contents of the project.











INTRODUCTION
         
          Human existence on earth is possible only in a wholesome environment and the environmental processes are essential for survival of the human beings. The environment includes immediate surroundings along with various things which are connected with human activity, efficiency, basic living and its impact on land, water, atmosphere, forest, health, energy resources and flora and fauna. “Environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property[1].
But human activities have resulted in environmental degradation in recent years. Uncontrolled industrial growth is leading to overexploitation and devastation of natural resources to the extent that our future generations may find out that life sustaining system has been damaged beyond repair. There is an urgent need to strike balance between environment and development. [2]
Ship-Breaking is one of the biggest threats faced by the environment in India. Ship-breaking poses many issues relating to sustainable development. The recycling of materials used in making a ship is good idea, but ship-breaking process in developing countries like India is posing threats to the environment and raising environmental justice issues. The basic safety precaution for the workers in yards or beaches where the ship-breaking process is carried on is minimal and also there is minimum protection of the environment by the hazardous wastes released in the ship-breaking process. The issue of ship-breaking is multifarious problem with many difficult and inter-related issues. Ship-breaking industry is virtually an unregulated industry and has stood up in contrast to substantive body of international regulation for maritime safety, environmental protection and safety and work safety regulations.[3]



CHAPTER – 1

SHIP-BREAKING INDUSTRY IN INDIA

Ship-Breaking is the process of dismantling a vessel’s structure for scrapping or disposal whether conducted at a beach, pier, dry dock or dismantling slip. Ship-breaking includes a wide range of activities from removing all gear and equipment to cutting down and recycling the ship’s infrastructure. Ship-breaking is a challenging process, due to the structural complexity of the ships and the many environmental, safety, and health issues involved. While ship scrapping in dry docks of industrialised countries is regulated, ship-breaking on beaches or alongside piers is less subject to control and inspection.[4] It is a type of ship disposal involving the breaking up of ships for scrap recycling, with the hulls being discarded in ship graveyards. Ships, generally, have a lifespan of a few decades before there is so much wear that refitting and repair becomes uneconomical. Ship breaking allows materials from the ship, especially steel, to be reused. Equipment on board the vessel can also be reused. Earlier, ship breaking took place in port cities of industrialized countries such as the United Kingdom and the United States. But now, most ship breaking yards are in developing countries like India, Bangladesh, Turkey and Pakistan, due to lower labour costs and less stringent environmental regulations dealing with the disposal of lead paint and other toxic substances.[5]
In India, Alang located on the west coast of Gujarat has become one of the largest burial grounds of the dying ships. Also the shipyards have turned into graveyard for the workers. Alang is now popularly known as the place where ships go to die and is the biggest ship recycling yard in the world. This graveyard of ships is a place where ageing vessels are torn apart by workers and scrap is sold in the market. Alang is one of the choicest scrapping destinations of ship owners across the globe. The ship owners are attracted to Alang for having their vessels dismantled because of the fact that ship breakers in India receive little of the regulatory supervision than that of other developed countries of the world. The ship owners find the disposal of ships cheap in India; on the other hand, it is lucrative work for shipping yards in India. There are more than 180 plots that perform ship-breaking activities. Alang has provided more than 50 million tonnes of steel in the last 10 years. In Alang, one can find hundreds of wiry men in grimy clothes and yellow hats, most of them from Bihar, Orissa, and UP, doing some arduous, soul-numbing work. They are breaking down ships that come here from all around the world to die. Hammering, blowtorching, chipping, tweezing, and the ships slowly vanish. Alang is pockmarked with poor working conditions and a poor quality of life; the employment it has provided to thousands of labourers has been at a very heavy cost.[6] In India, labour rules are flouted very easily and the Government has done very little to protect the interest of the workers in the ship-breaking industries. Dismantling the ships exposes workers and the residents of Alang to toxic exposures. It also threatens their source of livelihood, i.e. fishing, to marine pollution. The underground water in Alang is heavily polluted. The ship-breaking industry is already known to have a higher accident rate (2 workers per 1000) than the mining industry (0.34 per 1000). This is considered the worst in the world, and 16 per cent of workers here are suffering asbestos related diseases.[7]
However, the ship-breaking activity is biggest threat to environment in India and also in other parts of the world as the toxic materials which are highly hazardous are dumped in the ship-breaking yards. The worst thing is that the workers of ship-breaking industry face various fatal occupational hazards. Ships are pulled apart with the help of hand-tools by workers with little or no training. In the process of dismantling, toxic substances are allowed to seep into the environment.
International Labour Office, Geneva has laid down guidelines for Asian countries on Safety and Health in Ship-Breaking. These guidelines represent good practices for all and they are more particularly aimed at the step improvement of the more hazardous situation of dismantling of ships on beaches.
Ship-Breaking involves breaking of old and redundant ships and enables steel to be recycled at a lower cost than importing and processing iron ore. With the phasing out of single-hull vessels there is a question of capacity, thus increasing the danger that more countries will resort to scrapping by beaching.

PROBLEMS OF SHIP BREAKING INDUSTRY
Presently, Ship-Breaking is one of the most hazardous occupations in the world. It is concentrated in Asia due to low cost and minimum compliance with international standards on safety, health and environment and where working and environmental conditions are relatively poor. Ship-breaking is hazardous waste management. A ship is made up of many hazardous substances like asbestos, toxic paint and heavy metals which are now banned or restricted. A ship which is built around twenty years ago still contains these hazardous materials. It also carries hazardous and flammable chemicals used for painting, repair and maintenance, etc. Cables and electrical and other control systems contain hazardous material and emit hazardous gases if burned. The paint coat can contaminate air, soil and water when torched or scraped, and is thus hazardous for human beings and the environment. The protection and safety and health of workers handling the hazardous waste are crucial importance. Ship-breaking operations expose workers to a wide range of hazards or workplace activities or workplace activities or conditions likely to cause injuries and death, ill health, diseases and incidents.[8] Asbestos is as dangerous as that on reaching the right place in a cell even a single fibre can cause irreversible damage which may result in dangerous diseases leading to asbestosis, lung cancer or mesothelioma. Greenpeace says that workers die every month there because of its pathetic working conditions. Workers do not even have the mandatory protective gear while working in one of the dirtiest industries in the world. The laxity has attracted business; Greenpeace says that almost half of the world's ships that need to be scrapped now end up in India, and ship-breakers are laughing all the way to the bank, even as workers bear the brunt of regulatory failure.[9]
The present conditions in the ship-breaking industry are very worrisome. It has been reported that as many as forty thousand workers in Alang carry on work in terrible environment without being firmly clad with protective clothing and helmets and that they work with their bare hands as they cut into the steel to earn a meagre wage and also that they have not been given any formal training neither they are that much skilled in that field. It has also been found than as many as six workers die every month at the yard due to accidents or explosions because of the reason that they use cutters and blowtorches to cut the metal and pipes containing gas or oil. These accidents and explosions occur due to the fact that the owner of ship does not disclose the fact that there are dangerous contents in the ship which may result in accident by way of explosions. There is number of old ships beached at Alang for dismantling beside one another which is also a common cause of accidents. The businessmen do not bother about the accidents rather he only concentrates on the money that is coming in. There are as many as three hundred ships are dismantled at Alang every year and the ship-breakers fear that the number of ships coming in for dismantling may decrease due to the fact that certain other countries, like Bangladesh, are wooing the ship-owners across the world for dismantling there ships at the cheapest labour available around the world.[10]
There is a wide range of occupational hazards in the ship-breaking industry. The operations in the ship-breaking industry expose the workers to a variety of hazards or conditions that are likely to cause injuries, ill health, diseases and incidents and even death. The workers are most likely exposed to the dangerous exposure generated by asbestos, hazardous heavy metals and chemicals, moreover the excess noise and fire beside the hazardous working conditions adds to it the more danger and further high number of hazardous work activities inclusive of inadequate training to workers, measures for fire-protection, lack of protective equipment and lack of emergency response, rescue and first-aid are the other occupational hazards in the ship-breaking industry.
The ship-breaking directly affects the environment in addition to its impact on the health and safety of the workers. Alang ship-breaking industry produces a total of 2428 metric tonnes of hazardous waste a year, and 5072 metric tonnes of non-hazardous waste a year as per the Central Pollution Control Board. These hazardous wastes result in severe contamination of the seabed and thereafter the heavy metals on the seabed then enter the marine food chain. A study conducted by the Gujarat Ecology Commission concludes that a host of pollutants, such as asbestos, paint, scrap debris, glass wool, gaskets, oil, grease and cement, have found their way into the marine environment near Alang. The living conditions do not fare better than the working conditions. It is actually one of the more scandalous aspects of life at Alang.[11]



CHAPTER – 2

ENVIRONMENTAL PROTECTION AND SUSTAINABLE DEVELOPMENT
Human Development is development of the people, for the people and by the people; of the people means jobs and incomes; for the people means social services; and by the people means participation. The choices of one group should not be enlarged at the expense of others. Equity means that the choices of one section must not mean reduced choices of another. Sustainability means that they should not be at the expense of the options of future generations.[12] Our Common Future, also known as the Brundtland Report, from the United Nations World Commission on Environment and Development published in 1987 defines Sustainable Development as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. In the Brundtland Report, the concept of sustainable development in characterised by a substantive recognition that development must be geared toward meeting the basic needs of human beings and also by recognising limits of the concept. It must seek to end poverty, starting with the most vulnerable first.[13]
 The tension between environmental limits and economic and social development pressures is bridged through the concept of sustainable development. This bridge is achieved by recognising a common obligation towards future generations. The objective of the concept of sustainable development is the creation of such conditions which are important for long term sustainability for present and future generations and for this the most important requirement is an accommodation between economic development, social justice and environmental protection. [14]
It is a very well established fact that mankind and nature are inseparable parts of environment. In the course of development, indiscriminate use of natural resources has led to serious problems. Smt. Indira Gandhi, in her speech, in the United Nations Conference on Human Environment, Stockholm in 1972, highlighted the link between environmental conservation and elimination of poverty by stating that poverty was the worst polluter, thereby launching a debate on the need to look at poverty eradication, environmental concerns and developmental imperatives as interdependent objectives. She laid emphasis on the fact that development should be a strategy for improving the environment for living, of providing shelter, food, water, sanitation, and of making deserts green and mountains habitable, instead of destroying the environment.
The Stockholm Declaration in United Nations Conference on Human Environment,1972 proclaims that men is both creature and moulder of his environment and the protection and improvement of human environment is a major issue which affects the well-being of peoples and economic development throughout the world.[15] The declaration after taking into consideration need for a common outlook and for common principles to inspire and guide the peoples of the world further proclaimed that the man has acquired the power to transform his environment in numerous ways and on an exceptional scale. For the well-being and enjoyment of basic human rights, i.e., right to life itself, the natural and the man-made aspects of the man’s environment are important. The major issue which affects the well-being of people and economic development around the world is the protection and improvement of the human environment. It is the duty of all Governments and desire of the people across the world. The unprecedented population growth has emerged as greatest threat to the environment and presents problems for the preservation of the environment and to face this problem adequate policies and measures should be adopted. Of all things in the world, people are the most precious. It is the people that propel social progress, create social wealth, develop science and technology and, through their hard work, continuously transform the human environment. Along with social progress and the advance of production, science and technology, the capability of man to improve the environment increases with each passing day. To achieve this environmental goal will demand the acceptance of responsibility by citizens and communities and by enterprises and institutions at every level, all sharing equitably in common efforts. Individuals in all walks of life as well as organizations in many fields, by their values and the sum of their actions, will shape the world environment of the future.  The Conference calls upon Governments and peoples to exert common efforts for the preservation and improvement of the human environment, for the benefit of all the people and for their posterity[16].
 In the Johannesburg Declaration on Sustainable Development, countries assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development at the local, national, regional and global levels.[17]
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal which is administered by the United Nations Environment Programme regulates the transboundary movement of hazardous and other wastes. The scope of the Convention covers the environmentally sound management of hazardous and other wastes and their disposal and by extension it has relevance to the design and operation of ship recycling facilities.
The sustainable development is not replication of present level and pattern of development. The cream of sustainable development is formed with the development of human face and equal access to everyone for the development opportunities.[18] It is a known fact that the environmental deterioration hits the poor people hardest and that too they are not prepared to face the risks due to deterioration.
There will be more severe problems if the ship-breaking industries are banned to operate in India in the sense that they generate good amount of revenue for the State as also they are source of livelihood for thousands of workers in India. In case, these industries are banned to operate in India, then the conditions will be worse as compared to the period of their operation.
However, breaking old or abandoned ships enables steel and other parts of it to recycle it at a much lower cost than importing and processing iron ore. The need of energy is also very less. It also provides for the timely removal of outdated tonnage from international waters.[19]
LEGAL POSITION
            The Supreme Court in Research Foundation for Science Technology and Natural Resource Policy v Union of India and Another[20] ,where the environmental pollution by ship-breaking industry was the main issue, observed that Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal effectuates the fundamental rights guaranteed under Article 21 of the Constitution of India and that the right to information and community participation for protection of environment and human health is also a right which flows from the Right to Life guaranteed under Article 21. Thereby the Supreme Court reiterated its earlier pronouncement that the right to live is not a right to mere animal existence rather it is a right to live with human dignity. 
Legal position in India is well settled as far as applicability of the polluter-pays principle and the precautionary principle is concerned as a part of the concept of sustainable development. In T.N. Godavarman Thirumalpad v. Union of India and Others[21], the Supreme Court explained the concept of “balance” under the principle of proportionality applicable in the case of sustainable development as under:
“It cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is necessary to adjust the interest of the people as well as the necessity to maintain the environment. A balance has to be struck between the two interests. Where the commercial venture or enterprise would bring in results which are far more useful for the people, difficulty of a small number of people has to be bypassed. The comparative hardships have to be balanced and the convenience and benefit to a larger section of the people has to get primacy over comparatively lesser hardship."

Thus, the principle of proportionality is based on the concept of balance and it has to be kept in mind while applying the principle of sustainable development, i.e., balance of priorities on one hand and environmental protection on the other hand.
In Research Foundation for Science Technology and Natural Resource Policy v Union of India and Others[22] , the Supreme Court laid down norms relating to infrastructure, capacity of Alang to handle large volume of ship-breaking activity, safeguards to be provided to workers who were likely to face health-hazard on account of the incidence of ship-breaking activity, the environmental impact assessment, and strict regulation of the said activity.
High Power Committee on Urban Solid Waste Management in India constituted under the Planning Commission has made certain recommendations regarding the ship-breaking. The Supreme Court[23] has accepted the recommendations of the High Power Committee and enforced them till the time; the Government of India has formulated a comprehensive Code incorporating the recommendations made by the High Power Committee or has amended the concerned statutes according to the recommendations. The following recommendations of the High Power Committee as directed by Supreme Court are to be implemented[24]:

1.      The consent of the concerned authority should be obtained before arrival of the ship at the port along with a statement that the ship does not contain hazardous waste or radioactive substances. The State Maritime Board may also give consent for this.
2.      A proper decontamination of the ship should be done by the owner of the ship before the ship is put into the process of breaking.
3.      There should be classification of waste generated during the process of ship-breaking on the basis of two main categories, viz., hazardous wastes categories and non-hazardous waste categories, and that the quantity of waste generated should be notified to the concerned authority. The State Maritime Board may also be notified about the waste generated.
4.      There should be proper mechanism for disposal of waste material generated during the ship-breaking process by a suitable method using technologies that effectively destroy without generating any persistent organic pollutant and by containing the gaseous, liquid, and solid residues for analysis and reprocessing. These waste materials includes oil, thermocol pieces, rubber, glass wool, rubber, cotton, broken tiles, dead cargo of inorganic material like hydrated/ solidified elements. The disposal of such material which has been passed through the destruction should be made at a particular place earmarked for this purpose and extraordinary care should be taken in the handling of wastes consisting of asbestos and also that the total quantity of asbestos waste should be made known to the appropriate authorities concerned in this respect.
5.      The ship-breaking industries should be given authorisation only if they have provisions for disposal of waste in environmentally sound manner under Rule 5 of the Hazardous Wastes (Management and Handling) Amendment Rules, 2003 and for the existing ship-breaking industries, the renewal of all the authorisations should only be renewed when such industry has facilities for disposal of the waste in environmentally sound manner.
6.      The authorities including the State Maritime Board should persist that all quantities of waste such as oil, sludge and other like mineral oils and paint chips are carefully isolated from the ship and taken instantly to areas outside the beach, for harmless disposal.
7.      The burning of any material whether hazardous or non-hazardous on the beach should be banned with the immediate effect.
8.      All ship-breaking industries which are not authorised under the Hazardous Wastes (Management and Handling) Amendment Rules, 2003 have to be closed as directed by the State Pollution Control Board of the State where such ship-breaking industry is situated. Also, where there are no ship-breaking activities going on in a place, no ship-breaking activities should be allowed to commence without prior necessary authorisation.
9.      The State Pollution Control Board should make sure that there is constant monitoring of ambient air and noise level as per the standards set. The State Pollution Control Boards should set up suitable equipment and infrastructure
for scrutiny to facilitate them to conduct inspection of hazardous materials or radioactive materials at the first level itself.
10.  The compliance of regulations shall be ensured by the State Pollution Control Board and a report of the same should be submitted to the Court.
11.  It is mandatory for the ship owner to maintain a complete record of hazardous waste on board of ship and that without such record no permission for breaking should be granted. The record should also be submitted to concern State Pollution Control Board for insurance of safe disposal of hazardous and toxic waste.
12.  There should be visits on the site of ship-breaking at regular intervals by the officers of Maritime Board and State Pollution Control Board to ensure that the plot-owners improve their operational standards. An inter-ministerial Committee should be constituted with the participation of labour and environment organisations and representatives of the ship-breaking industry.
13.  Landfill sites and incinerators should be prepared as per guidelines by the Central Pollution Control Board by State Pollution Control Boards along with the State Maritime Boards only after prior approval of Central Pollution Control Board. This should be done within a maximum time of one year and the action should be taken in a time-bound manner.
14.  The extension and increase of the ship-breaking operations should only be allowed subject to the compliance of aforesaid recommendations by the plot holders.

Thus, the Supreme Court has directed the implementation of aforesaid recommendations till the time legislature has enacted a statute incorporating these recommendations. By the implementation of these recommendations there is some improvement in the environment as well as in the working conditions.









CONCLUSION

            It is now well settled that the environmental protection and sustainable development cannot exist without each other. The ship-breaking industry is no exception to this phenomenon. Thus, it is very important that the ship-breaking industry is regulated properly by enacting statutes and enforcing the provision of existing law as well. Particularly, the main concern should be that the interests of the workers be protected by implementations of rules and regulations. The workers are unorganised and the atmosphere of anxiety and fear results in they being submissive. Thus, there is a need of organising this industry properly. The process of Ship recycling contributes to the sustainable development and is the environmentally welcoming way of disposing of ships with almost every part of it being re-used. There is an urgent need for a mechanism to regulate the ship recycling process due to the growing concerns about environmental safety, health and welfare matters. The regulation should be made in the matters of operation of ship recycling facilities in a safe and environmentally sound matter and establishment of proper enforcement machinery for ship recycling.
            The Stockholm Conference, 1972 gave way to some important provisions relating to the environment to the Constitution of India. The State is directed to frame policy for the protection and improvement of the environment and for safeguarding the forest and wildlife of the Country.[25] Thus, it is now the duty of the State to frame laws and make provisions for the protection of the environment and the State has also enacted certain laws following the aforesaid directive of the Constitution. Further, a fundamental duty has been imposed on citizens to protect and improve the natural environment.[26] Thus, every citizen of India shall endeavour to protect and preserve the environment to the extent of his capabilities.
            The object of the sustainable development should be the maximisation of net welfare of economic activities together with increasing the reserve of ecological, economic and socio-cultural assets over a period of time. The sustainable development should aim at the eradication of poverty along with insurance of clean water, air and surroundings, and also enabling people to benefit from material comforts with social cohesion.[27] It is a well known fact that the nature has got limited capacity to bear the wastes and that the wrong policies and management in economic activities are overburdening the nature.
            The workers in the ship-breaking industries should be given proper training and they should be provided with protective clothing during the period of their working in the industry. Further, there should be other provisions for their health and safety including immediate medical assistance facilities.
            The Ship-Breaking Industries are violating the rules and regulations framed by various authorities blatantly. They should be heavily penalised and in appropriate cases they should be closed for violating the prescribed norms. There should be proper enforcement machinery for enforcing the laws relating to the environment. There should be proper mechanism for recycling of the wastes generated by the ship-breaking activities and their proper disposal at a place earmarked especially for such purposes.
            The fact that ship-breaking industry contributes a sizeable source of revenue to the Government cannot be discarded, but there is no investment on improving infrastructure and moreover there are no social investments to benefit the workers of the ship-breaking industry. There is an urgent need to take a serious note of this matter relating to environmental pollution by  ship-breaking industry and also that the government must take effective and stringent steps to prevent the environmental degradation and to strike a balance between environmental protection and sustainable development.
















BIBLIOGRAPHY

PRIMARY SOURCES
1.      The Constitution of India, 1950
2.      The Environment (Protection) Act, 1986
3.      The Stockholm Declaration in United Nations Conference on Human Environment,1972


BOOKS
1.      P.P. Streeten, Thinking about Development, Cambridge University Press, Cambridge, 1997
2.      Basudeb Sahoo, Environment and Economic Development, APH Publishing Corporation, New Delhi, 1996
3.      Marie-Claire & Ashfaq Khalfan, Sustainable Development Law, Oxford University Press, 2004
4.      International Labour Office, Safety and Health in Ship breaking Guidelines for Asian countries and Turkey
5.      Dharamendra S. Sengar, Environmental Law, Prentice Hall India Private Ltd, New Delhi, 2007
6.      Tony G. Puthucherril, From Ship-breaking to Sustainable Ship Recycling: Evolution of a Legal Regime, Martinus Nijhoff Publishers, Netherland, 2010,


WEBSITES


[1] Sec.2(a), The Environment (Protection) Act, 1986
[2] Dharamendra S. Sengar, Environmental Law, Prentice Hall India Private Ltd, New Delhi, 2007, p. xi
[3] Tony G. Puthucherril, From Ship-breaking to Sustainable Ship Recycling: Evolution of a Legal Regime, Martinus Nijhoff Publishers, Netherland, 2010, p. ix
[4] International Labour Office, Safety and Health in Ship breaking Guidelines for Asian countries and Turkey
[8] Supra, n.4
[9] Supra, n.6
[10] Id.
[12] P.P. Streeten, Thinking about Development, Cambridge University Press, Cambridge, 1997, p.7
[13] Marie-Claire & Ashfaq Khalfan, Sustainable Development Law, Oxford University Press, 2004, p.2
[14] Id., p.3
[16]  The Stockholm Declaration in United Nations Conference on Human Environment,1972
[18]  Basudeb Sahoo, Environment and Economic Development, APH Publishing Corporation, New Delhi, 1996, p.12
[19] Supra, n.4
[20] (2005) 10 SCC 510
[21] (2002) 10 SCC 606
[22] 2007 (11) SCALE 75
[23] Research Foundation for Science v. Union of India & Another, AIR 2007 SC 3118
[24] Id.,
[25] Article 48A, The Constitution of India, 1950.
[26] Article 51A (g), The Constitution of India, 1950.
[27] Supra, n.17, p.4

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