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Hyderabad pollution: 'Public Liability Insurance Act' lacks teeth

Act needs to include harm from pollution, not just industrial accidents.

Hyderabad: Hyderabad’s environment and in turn its citizens have faced the brunt of industrial pollution since decades. And repeated protests against polluters seem to fall on deaf ears.

However, one law which can come to the rescue of citizens while reining in polluters with an amendment is the lesser known Public Liability Insurance Act enacted in 1991, six years after the Bhopal gas tragedy, to ensure compensation for victims of industrial disasters or accidents who are not workers of the industries through a special insurance policy.

Most officials unaware of the funds collected under the scheme.Most officials unaware of the funds collected under the scheme.

The Act covers industries which handle around 179 types of chemicals, compounds and other flammable substance and provides compensation up to five crore rupees to claimants.

As per the Telangana State Pollution Control Board, there are about 280 companies in the state falling under the ambit of PLI Act. Around 35 of these industries are yet to get insured as per the Act.

The Act is of no help to people who suffer due to industrial pollution since the PLI does not include industrial pollution. It covers accidents which it defines as "fortuitous, sudden or unintentional occurrence" during handling of the listed hazardous substances.

According to pollution control board officials, most of the pollution is because industries try to save money by excluding machinery or process mandatory for mitigation of pollution.

All major general insurance companies offer insurance policies to companies under the PLI Act but pollution is not covered under them. Pollution is made an optional liability that the companies can choose to include in their policy but many companies conveniently ignore it.

BV Subba Rao, environmentalist and founder member of Save Our Urban Lakes, says, “There is a need for inclusion of pollution in the PLI Act and a clear procedure defining pollution and health effects associated with it as defined by a statutory medical body. It will make it easy for victims to go to Court, prove that their health is affected due to pollution and claim compensation. The present laws make it tough to prosecute the polluters efficiently and swiftly and compensate the victims,” he added.

( Source : Deccan Chronicle. )
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