coca-cola in kerala to whom does water belong? photo spilt happiness by peter davis, some rights...
TRANSCRIPT
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Coca-Cola in Keralato whom does water belong?
Photo ‘Spilt Happiness’ by Peter Davis, some rights reserved http://flickr.com/photos/pediddle/327754596/
![Page 2: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/2.jpg)
INTRODUCTION
• 2000 The Coca-Cola Company open a bottling plant in
Plachimada, Kerala
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INTRODUCTION
• 2000 The Coca-Cola Company open a bottling plant in
Plachimada, Kerala
They were invited in by the state government as part of a regional industrialization program, and receive subsidies
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Plachimada, Kerala State
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2002: BEGINNING OF PROTEST AGAINST
COCA-COLAAdivasi (tribal people, outside of the case system) start sit-in in front of Plachimada bottling plant
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2002: BEGINNING OF PROTEST AGAINST
COCA-COLAAdivasi (tribal people, outside of the case system) start sit-in in front of Plachimada bottling plantThe plant is accused of:
![Page 7: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/7.jpg)
2002: BEGINNING OF PROTEST AGAINST
COCA-COLAAdivasi (tribal people, outside of the case system) start sit-in in front of Plachimada bottling plantThe plant is accused of:
• Using more bore wells than permitted in their license:
![Page 8: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/8.jpg)
2002: BEGINNING OF PROTEST AGAINST
COCA-COLAAdivasi (tribal people, outside of the case system) start sit-in in front of Plachimada bottling plantThe plant is accused of:
• Using more bore wells than permitted in their license: the level of groundwater is said to have dropped from 45 to 100m below the surface
![Page 9: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/9.jpg)
2002: BEGINNING OF PROTEST AGAINST
COCA-COLAAdivasi (tribal people, outside of the case system) start sit-in in front of Plachimada bottling plantThe plant is accused of:
• Using more bore wells than permitted in their license: the level of groundwater is said to have dropped from 45 to 100m below the surface
• Discharging polluted waste back into the water supply
![Page 10: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/10.jpg)
2002: BEGINNING OF PROTEST AGAINST
COCA-COLAAdivasi (tribal people, outside of the case system) start sit-in in front of Plachimada bottling plantThe plant is accused of:
• Using more bore wells than permitted in their license: the level of groundwater is said to have dropped from 45 to 100m below the surface
• Discharging polluted waste back into the water supply
• The result for local people was bad smelling and tasting water, rashes and stomach aches
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2003: Investigations of water supply
• District medical officer declares water unfit for consumption:
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2003: Investigations of water supply
• District medical officer declares water unfit for consumption: local water supplies have high concentration of salts, from rapid depletion of supplies
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2003: Investigations of water supply
• District medical officer declares water unfit for consumption: local water supplies have high concentration of salts, from rapid depletion of supplies
• BBC investigation shows that ‘biosolids’ distributed as fertilizer contain dangerous levels of cadmium and lead
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2003- 2006: Legal battle• April 2003: Local Panchayat (democratically elected local government) cancel
Coca-Cola license to operate
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2003- 2006: Legal battle• April 2003: Local Panchayat (democratically elected local government) cancel
Coca-Cola license to operate• May 2003: the Kerala State government over-rules the decision of the
Panchayat not to renew the Coca-Cola license
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2003- 2006: Legal battle• April 2003: Local Panchayat (democratically elected local government) cancel
Coca-Cola license to operate• May 2003: the Kerala State government over-rules the decision of the
Panchayat not to renew the Coca-Cola license • December 2003: Kerala High Court rules in favour of the Panchayat, with the
reasoning that the State has to protect the supply of water for the local people
![Page 17: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/17.jpg)
2003- 2006: Legal battle• April 2003: Local Panchayat (democratically elected local government) cancel
Coca-Cola license to operate• May 2003: the Kerala State government over-rules the decision of the
Panchayat not to renew the Coca-Cola license • December 2003: Kerala High Court rules in favour of the Panchayat, with the
reasoning that the State has to protect the supply of water for the local people • April 2005: appeal by Coca-Cola results permission to draw 500,000 litres of
water a day. Panchayat ordered to renew license
![Page 18: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/18.jpg)
2003- 2006: Legal battle• April 2003: Local Panchayat (democratically elected local government) cancel
Coca-Cola license to operate• May 2003: the Kerala State government over-rules the decision of the
Panchayat not to renew the Coca-Cola license • December 2003: Kerala High Court rules in favour of the Panchayat, with the
reasoning that the State has to protect the supply of water for the local people • April 2005: appeal by Coca-Cola results permission to draw 500,000 litres of
water a day. Panchayat ordered to renew license• June 2005: Panchayat refuse to renew license; Coca-Cola appeal to High Court.
Panchayat renew the license for 3 months
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2003- 2006: Legal battle• April 2003: Local Panchayat (democratically elected local government) cancel
Coca-Cola license to operate• May 2003: the Kerala State government over-rules the decision of the
Panchayat not to renew the Coca-Cola license • December 2003: Kerala High Court rules in favour of the Panchayat, with the
reasoning that the State has to protect the supply of water for the local people • April 2005: appeal by Coca-Cola results permission to draw 500,000 litres of
water a day. Panchayat ordered to renew license• June 2005: Panchayat refuse to renew license; Coca-Cola appeal to High Court.
Panchayat renew the license for 3 months • November 2005: Coca-Cola once again approach the Kerala High Court
resulting in court order to Panchayat to renew license
![Page 20: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/20.jpg)
2003- 2006: Legal battle• April 2003: Local Panchayat (democratically elected local government) cancel
Coca-Cola license to operate• May 2003: the Kerala State government over-rules the decision of the
Panchayat not to renew the Coca-Cola license • December 2003: Kerala High Court rules in favour of the Panchayat, with the
reasoning that the State has to protect the supply of water for the local people • April 2005: appeal by Coca-Cola results permission to draw 500,000 litres of
water a day. Panchayat ordered to renew license• June 2005: Panchayat refuse to renew license; Coca-Cola appeal to High Court.
Panchayat renew the license for 3 months • November 2005: Coca-Cola once again approach the Kerala High Court
resulting in court order to Panchayat to renew license • January 2006: Panchayat renews license, imposing 13 conditions, the most
notable of which is that the bottling plant does not use the local groundwater
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2003- 2006: Legal battle
• To date the Supreme Court has not passed judgment on the appeals lodged at each stage of the legal proceedings
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2003- 2006: Legal battle
• To date the Supreme Court has not passed judgment on the appeals lodged at each stage of the legal proceedings
• The Plachimada bottling plant has been closed since 2004, despite Coca-Cola declaring victory in the court battle
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TRAJECTORY OF PLACHIMADA PROTEST
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Investigations into state of water = media attention
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Investigations into state of water = media attention
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Investigations into state of water = media attention
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Investigations into state of water = media attention
INTERNATIONAL ATTENTION; PRESSURE ON COCA-COLA
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Investigations into state of water = media attention
INTERNATIONAL ATTENTION; PRESSURE ON COCA-COLA
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Independent investigation carried out by The Energy and Resources Institute (Indian NGO) finds:
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Independent investigation carried out by The Energy and Resources Institute (Indian NGO) finds:• No pesticides in Coca-Cola Products
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Independent investigation carried out by The Energy and Resources Institute (Indian NGO) finds:• No pesticides in Coca-Cola Products• Over use of water resources in some areas.
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Independent investigation carried out by The Energy and Resources Institute (Indian NGO) finds:• No pesticides in Coca-Cola Products• Over use of water resources in some areas.• Recommends closure of plant in Rajasthan
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Ownership of water: Initial Court Ruling
In December 2003 single judge bench rules uphold right of panchayat to force closure of bottling plant
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Ownership of water: Initial Court Ruling
In December 2003 single judge bench rules uphold right of panchayat to force closure of bottling plant
The reasoning of the judgment is based on:
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Ownership of water: Initial Court Ruling
In December 2003 single judge bench rules uphold right of panchayat to force closure of bottling plant
The reasoning of the judgment is based on:• Public Trust Doctrine: it is the responsibility of
the state to safeguard certain resources for the people
![Page 38: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/38.jpg)
Ownership of water: Initial Court Ruling
In December 2003 single judge bench rules uphold right of panchayat to force closure of bottling plant
The reasoning of the judgment is based on:• Public Trust Doctrine: it is the responsibility of
the state to safeguard certain resources for the people
• Article 21 of the Indian Constitution: the right to life
![Page 39: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/39.jpg)
April 2005: reversal of initial decisionThis judgment, entirely based on investigation of groundwater in the
area by a court appointed committee, is that Coca-Cola can draw 500,000 litres of water a day
![Page 40: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/40.jpg)
April 2005: reversal of initial decisionThis judgment, entirely based on investigation of groundwater in the
area by a court appointed committee, is that Coca-Cola can draw 500,000 litres of water a day
Reasoning is:
![Page 41: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/41.jpg)
April 2005: reversal of initial decisionThis judgment, entirely based on investigation of groundwater in the
area by a court appointed committee, is that Coca-Cola can draw 500,000 litres of water a day
Reasoning is:• Coca-Cola are a legal person, therefore have right to draw water
from their land
![Page 42: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/42.jpg)
April 2005: reversal of initial decisionThis judgment, entirely based on investigation of groundwater in the
area by a court appointed committee, is that Coca-Cola can draw 500,000 litres of water a day
Reasoning is:• Coca-Cola are a legal person, therefore have right to draw water
from their land• Panchayat not qualified or informed enough to make proper
decision
![Page 43: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/43.jpg)
April 2005: reversal of initial decisionThis judgment, entirely based on investigation of groundwater in the
area by a court appointed committee, is that Coca-Cola can draw 500,000 litres of water a day
Reasoning is:• Coca-Cola are a legal person, therefore have right to draw water
from their land• Panchayat not qualified or informed enough to make proper
decisionCriticisms:
![Page 44: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/44.jpg)
April 2005: reversal of initial decisionThis judgment, entirely based on investigation of groundwater in the
area by a court appointed committee, is that Coca-Cola can draw 500,000 litres of water a day
Reasoning is:• Coca-Cola are a legal person, therefore have right to draw water
from their land• Panchayat not qualified or informed enough to make proper
decisionCriticisms:• Report does not address water quality (i.e. pollution)
![Page 45: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/45.jpg)
April 2005: reversal of initial decisionThis judgment, entirely based on investigation of groundwater in the
area by a court appointed committee, is that Coca-Cola can draw 500,000 litres of water a day
Reasoning is:• Coca-Cola are a legal person, therefore have right to draw water
from their land• Panchayat not qualified or informed enough to make proper
decisionCriticisms:• Report does not address water quality (i.e. pollution)• Paid for by Coca-Cola and drafted by representative on committee
![Page 46: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/46.jpg)
April 2005: reversal of initial decisionThis judgment, entirely based on investigation of groundwater in the
area by a court appointed committee, is that Coca-Cola can draw 500,000 litres of water a day
Reasoning is:• Coca-Cola are a legal person, therefore have right to draw water
from their land• Panchayat not qualified or informed enough to make proper
decisionCriticisms:• Report does not address water quality (i.e. pollution)• Paid for by Coca-Cola and drafted by representative on committee• Possible inaccurate estimation of rainfall trends and water usage
![Page 47: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/47.jpg)
ECONOMICS OF
PLACHIMADA’S WATER
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ECONOMICS OF
PLACHIMADA’S WATER
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ECONOMICS OF
PLACHIMADA’S WATER
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Who governs water?
Indian courts tend to protect economic rights of population e.g.
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Who governs water?
Indian courts tend to protect economic rights of population e.g.
• Olga Tellis & Ors vs Bombay Municipal Council (1985) 2 Supp SCR 51
![Page 52: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/52.jpg)
Who governs water?
Indian courts tend to protect economic rights of population e.g.
• Olga Tellis & Ors vs Bombay Municipal Council (1985) 2 Supp SCR 51
• M. C. Mehta versus Union of India 2004(12) SCC118
![Page 53: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/53.jpg)
Who governs water?
Indian courts tend to protect economic rights of population e.g.
• Olga Tellis & Ors vs Bombay Municipal Council (1985) 2 Supp SCR 51
• M. C. Mehta versus Union of India 2004(12) SCC118 Millions in India still get their water from rivers, wells, and
communal pumps therefore privatization of water would have dramatic effects on access to water.
![Page 54: Coca-Cola in Kerala to whom does water belong? Photo Spilt Happiness by Peter Davis, some rights reserved](https://reader038.vdocuments.us/reader038/viewer/2022103015/5513f26d55034679748b5c9a/html5/thumbnails/54.jpg)
Who governs water?Indian courts tend to protect economic rights of population
e.g.• Olga Tellis & Ors vs Bombay Municipal Council (1985) 2
Supp SCR 51 • M. C. Mehta versus Union of India 2004(12) SCC118 Millions in India still get their water from rivers, wells, and
communal pumps therefore privatization of water would have dramatic effects on access to water.
BUT does final court ruling in Plachimada show that economic interests trump local concerns?