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Sunita Narain is a well-known crusader for a healthy environment and
known for her courageous fights to cleanse the rotten political atmosphere.
Here we take pleasure in publishing her recent editorial in Down To Earth
[May 31, 2006]
Want to
be fried?
I
first learnt about slapp when we released a study about pesticides in colas.
PepsiCo had filed a defamation case against us in the Delhi High Court and
our lawyer, fresh out of law school in Banglore, jumped as he read through
the company's petition saying this was a classic slapp case. We were
bemused, knowing nothing about such legal intricacies. Slapp, he explained,
was an acronym in the US for 'strategic lawsuits against public
participation'.
These
are libel or defamation cases filed by corporations against individuals and
institutions, supposedly to defend their honour and business. The intention
was to use the legal system to threaten, intimidate and silence.
But how, we asked. The companies who file slapp cases rarely win in court,
but achieve their real objective to discourage others from speaking out. The
defendants, who are invariably individuals, spend huge amount of time and
money running to courts fighting the case. This harassment discourages
others from petitioning government on public issues. An environmental
activist in West Virginia was sued for us $200,000 for criticising a
coal-mining company for polluting the local river. Cattle-ranchers filed a
million dollar case against television celebrity Oprah Winfrey for hosting a
show on mad cow disease and discussing dangers of eating contaminated beef.
The list runs in thousands.
The
most (in) famous of these cases was filed by junk food giant McDonald
against two activists in Britain, who had in 1990 distributed a six-page
leaflet on 'what was wrong with McDonald's'. The company accused them of
defaming it because they had said that it contributes to cardiac diseases,
cancer and diabetes. The company won the case in 1997 and it has become a
precedent for corporate libel cases, commonly known as McLibel. Such cases
particularly target individuals and media organisations so that the
messenger is shot, along with the message.
But
why should we be interested? The fact is that we are catching up with the
world. Just in case you have missed this buzz, let me bring you to date.
Y
S Mohana Kumar is a doctor practicing in a nondescript village called Padre
in Kerala. Unknown, till he noticed that people in his village were more
diseased and deformed than most and started asking questions. One thing led
to another and researchers — from different institutions — confirmed and
reconfirmed the presence of residues of Endosulfan, a pesticide, in blood,
soil and water samples from the village. In 2003, Mohana Kumar received a
legal notice from the lawyers of the Pesticide Association of India
threatening legal action if he did not apologise and withdraw his statements
immediately. His crime? Writing a letter in this magazine on the findings
against the government-appointed O P Dubey committee, which had absolved the
pesticide of the deadly ailments of people in Padre.
For
the record, Down To Earth followed up investigations against the Dubey
committee and found to its horror evidence of how data was fudged; how
scientists were coerced and how industry influenced the findings of the
committee. The committee's proceedings were challenged and investigations
reopened by the government. Mohana Kumar was right but that clearly was not
the point.
Madhumita
Dutta is not a doctor, but an environmental activist who recently received
legal summons to appear before a court in Warangal, Andhra Pradesh. Her
crime is that she researched and published, with others, an investigation on
acute pesticide poisoning in the district. The case filed by the pesticide
industry association Crop Care Federation even implicates the designer of
the publication and is aimed at harassing and warning others to desist or be
destroyed.
Umendra
Dutt runs an NGO in Punjab called Kheti Virasat Mission, which works on
various farmer-related issues, including pesticide use. He has been sued for
Rs 5 crore by United Phosphorous Limited, a leading pesticide manufacturer.
His crime: discussing in public, health studies on pesticide exposure and
how it could act as a trigger to diseases, and even lead to congenital
malformations and genetic disorders. All clearly well established in
scientific studies across the world.
But
it does not stop there. The company has also filed a case against the media
giant, Bennett and Coleman, the publishers of the Times of India. Their
crime is similar: publishing a report quoting Dutt in their daily newspaper,
Mumbai Mirror. The defamation case has been filed by the company alleging
that the statements in the article will 'disparage our client's reputation'
in the trade across the world. This is particularly intriguing, because the
article does not mention the company at all, only pesticides and their
health impacts.
But
how do I know this? Because two weeks ago, my colleague Chandra Bhushan,
received a letter from an NGO called the Centre for Environment and
Agrochemicals, which enclosed a copy of this legal notice. The letter told
him that if he was to attend a forthcoming meeting being organised by Kheti
Virasat Mission he "will be made a party (to the case against Kheti
Virasat) and unnecessarily dragged into litigation". In simple language
a simple threat: we will sue you if you dare to attend.
It
does not stop there. We called to check more about the NGO and received
another letter. The letterhead was the same, but the signatory had changed.
Now
Rajju Shroff, the owner of United Phosphorous Limited wrote, saying,
"The industry has decided to take legal actions and expose all your
activities." I am sure we will hear from them again.
In
these modern David-and-Goliath tales, I can only hope (and pray) that there
are many, many more Davids.
[Sunita
Narain is Director Centre for Science and Environment, 41, Tughlakabad
Institutional Area, New Delhi 110 062- Tel: 91-11-29955778, 29955779- Fax:
91-11-29955879]
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