REPORT(8TH.): KOLKATA BOOK FAIR AND VIOLATION OF HUMAN RIGHTS

To

All Human Rights Organizations in India and Abroad,    

New Delhi. 

 

 

REPORT (8^TH. – 27/01/2008) –

                              We are concerned with Air-Pollution in and around Park Circus Maidan within the radius of 2/3 kilometers but not only inside the Park Circus Maidan. Till date, according to news – the Guild is concerned with Air-Pollution only inside Park Circus Maidan.

                              There are various measures of air quality. But we are concerned with  on the concentration of airborne particles – PM2.5  and PM10 because these two are accepted  as standard measures of air quality by the World Health Organization (WHO) and have significant impact on mortality and morbidity caused  by respiratory and cardiovascular diseases. 

                            West Bengal Pollution Control Board has not submitted SPM (PM2.5) data to Hon’ble High Court and the matter might be this Board is not well equipped to monitor PM2.5 (fine particles). The air pollution data submitted by the Board is inadequate for evaluating the spatial patterns of air pollution. 

 

                         Air Sampling Field Campaign: To evaluate spatial variability in airborne particulate matter, a spatially dispersed sampling design is to be adopted, in which sample sites are to be identified using a two-step process. In the first step, a rectangular grid is to be overlaid onto the study area to ensure the full coverage of the area. In the second step, a random location is to be simulated within each cell (~1 x 1.5  km), and then the simulated locations are to be transferred to Garmin Global Positioning  System (GSP) to identify them and examine their feasibility. In each site, air is to be sampled at different times every day. Each sample involved four readings– two each in mass and count modes. In the mass mode, each reading is to be based on two minutes of sampling and one minute of sampling in (particles) count mode. In total of six minutes – the four minutes to compute the mass of PM2.5 and PM10 and the last two for counting particles £0.5 and PM £10mm in aerodynamic diameter. An Aerocet 531, a photometric sampler from Met One Instruments, Inc (Met One Inc 2003) may be used to collect air pollution data.

                                       

According to News: Guild and Authority resorted to false claim in public –

                     (1) Ganashakti dated 27/01/2008: Secretary of Publishers and Book Sellers Guild Shri Tridib Chatterjee said that the West Bengal Pollution Control Board has directed the Guild to erect a 10 feet height Dias to install an Air-Pollution measurement machine inside Park Circus Maidan.

                     (2) Ganashakti dated 22/01/2008: Advocate General Shri Balai Roy submitted to High Court that West Bengal Pollution Control Board has given definite recommendations to the Guild and on that basis the Guild is holding Book Fair. 

                     (3) The Times of India dated 26/01/2008: The Counsel of Guild claimed in High Court that the Guild has followed recommendations of the Pollution Control Board and the Guild’s own pollution control cell to keep pollution control to keep pollution to the minimum.

                      (4) Ganashakti dated 26/01/2008: Counsel of West Bengal Pollution Control Board Shri Kallol Bose submitted to High Court that the Pollution Control Board has not given separate recommendations to Guild but there are general recommendations for all concern according to Rules and Regulations of Central Government.

 

                    West Bengal Pollution Control Board submitted to High Court on 25/01/2008 that SPM and RPM were very high at Park Circus Maidan Area and at present RPM is 227 (24 Hours) whereas the residential standard 100. (NOTE: RPM is Respiratory Particulate Matter – PM10 course particles [2.5 micrometers mm to 10 mm in size] and SPM is Suspended Particulate Matter – PM2.5 fine particles: 2.5 mm in size or less).

                   IT IS TO BE NOTED THAT – Government of India, Ministry of Environment and Forest (MoEF) presented the Ambient Status of Kolkata and remarked as ‘CRITICAL’ Stage in previous years.

 

AMBIENT AIR QUALITY OF METROPOLITAN CITY KOLKATA

Year	Suspended Particulate Matter (SPM) – standard 140 mg/m3 (Annual)	Respirable Particulate Matter (RPM) 10 mm – standard 60 mg/m3 (Annual)
2001	189	106
2002	181	95
2003	204	99
2004	210	107
2005	211	105

 

Source: An Article by Mr. Jayanta Basu on ‘air pollution in Kolkata’ – Newspaper: Ananda Bazar Patrika dated 11/07/2007.

1. It is seen that air pollution is higher in Kolkata (Residential area) and in critical stage i.e. RPM >90 mg/m3 during the year 2001 to 2005.

              

REPORT (7^TH. – 24/01/2008) – IT IS NAKEDLY EXPOSED THAT (1) Publishers and Book Sellers Guild (a commercial organization), (2) Government of West Bengal and (3) The Kolkata Municipal Corporation will violate the Human Rights of more or less 2.5 million people of Kolkata and adjoining areas in a determined and consorted way during 10 days of Kolkata Book Fair (inaugurating on 29^th. January 2008) and the most sufferer will be the patients, students, aged persons and children and the fact exposed by the following news, argument in High Court of Kolkata  – 

 

 According to news – (1) Darga Road Citizens Committee, (2) Principal of Don Bosco School, Park Circus and (3) Principal of Mahadevi Birla Girls H.S. School, Park Circus have filed Public Interest Litigation Case against (1) Publishers and Book Sellers Guild, Kolkata, (2) Government of West Bengal and (3) West Bengal Pollution Control Board.        

 

 (Newspaper- Ganashakti dated 22/01/2008) – Advocate General of Government of West Bengal Shri Balai Roy argued that  – ‘The Government of West Bengal has given permission to hold Book Fair according to guideline handed over by West Bengal Pollution Control Board.’ He also argued that – ‘Circus, Durga Puja and Kalipuja etc the big festivals occurred in every year in Park Circus Maidan but at that time there was no objection and Book Fair has International reputation.’  

 

                         TRUTH IS:  During ‘Kolkata Book Fair’ – according to recent estimate – about 1 million to 2 million people will participate in 10 days in Park Circus Maidan and school, college remain open and extra vehicles enter in Maidan Zone in uncountable numbers. On the contrary – (1) during Durga Puja and Kalipuja festival – the school and college are closed. School buses are not in operation. Durga Puja and Kalipuja festivals are observing in a part of Park Circus Maidan. Participation of people are not as Kolkata Book Fair. These festivals are observing in whole parts of Kolkata and so the participators are not concentrated in a particular spot. 

 

                    Showing of Circus in Park Circus Maidan is in one part of the Maidan. There are two parts in Park Circus Maidan. The number of spectators of Circus is negligible in comparison of Kolkata Book Fair.

 

                      Kolkata Book Fair is at present an Internationally infamous Book Fair for inclination to violation of Human Rights remarkably to patients, students, aged persons and children.   

 

                    Advocate General submitted that – ‘Government has taken adequate measures to see that the pollution doesn’t shoot up abruptly. For instance, the Government has arranged for car parking at a distance from the Park Circus Maidan behind Lady Brabourne College to restrict emission from cars’ – according to New appeared in The Times of India dated 22/01/2008.  That means Government of West Bengal has confirmed that Government is spreading air-pollution to one kilometer/ two kilometers within the radious of Park Circus.

 

                         According to News in Ganashakti dated 22/01/2008 – Guild has taken action according to International Pollution Control Guidelines and keeps about 3,500 plants in tubs so that the plants will absorb all the air pollution in and around Park Circus Maidan (might be within one or two kilometers radious) and it is Kyoto Protocol. IT IS TO BE NOTED THAT KYOTO PROTOCOL IS DIFFERENT AND THE EXPRESSION AS MENTIONED ABOVE IS NOTHING BUT BY A LUNATIC OR AN IMPOSTURE.    

                      So, the judgment by Hon’ble High Court in favour of holding Kolkata Book Fair in Park Circus Maidan – cannot authorize and/or legalize the violation Human Rights. It is to be noted in History that – Kolkata Book Fair is an infamous Book Fair.     

                                                                   

UNIVERSAL DECLARATION OF HUMAN RIGHTS: Article 1 – ‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act in towards one another in a spirit of brotherhood.’ Article 3 – ‘Everyone has the right to life, liberty and security of person.’ Article 23 (1) – ‘Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.’

 

REPORT: (6^TH.) – According to News – Mayor of The Kolkata Municipal Corporation has issued ‘No objection Certificate’ to Publishers and Book Sellers Guild, Kolkata to hold ‘Kolkata Book Fair’ but till date (dated 12/01/2008)(1) Fire Service Department of Government of West Bengal, (2) West Bengal Pollution Control Board and (3) Police Authority of Kolkata have not issued ‘No Objection Certificate’. 

 

REPORT: (5^TH.) – According to News, The Principal of Mahadevi Birla Girls Higher Secondary  School with some residents went to The Kolkata Municipal Corporation and requested the Mayor to stop Book Fair.

                       THE RIPPLE EFFECT OF TRAFFIC JAM DURING BOOK FAIR WILL SPREAD OVER TWO-KM RADIUS AT LEAST – TIME FOR NATIONAL AND INTERNATIONAL ACTION).

                 Daily Ambient Air Quality dated 10/01/2008 – Kolkata Average – SPM:519 (Residential Standard 200); RPM:267 (Residential Standard 100); NOx 106 (Residential Standard 80) AND AT BELIAGHATA – 558 (SPM), 313 (RPM).  THE KOLKATA BOOK FAIR WILL ADD AIR-POLLUTION ON THIS DETRIMENTAL AIR-POLLUTION.

 

             Park Circus Maidan is at the immediate East Side of seven-point intersection of roads. Cars of two bridges – one 2.5 kilometers long over bridge on A.J.C. Bose Road started from this intersection and another ‘Bridge No.4’ (over rail lines) leading to Park Circus Connector –are passing through this intersection. At present three roads adjacent with Maidan, clogged three times in a day – morning, school breaks at noon and in the evening. Park Circus Maidan is at present one of the most Air-Polluted areas in Kolkata.

 

REPORT: (4^th. Report – List of Manual Stations to monitor Air-Quality – TIME FOR NATIONAL AND INTERNATIONAL ACTION). NO STATION TO MONITOR AIR-QUALITY AROUND PARK CIRCUS MAIDAN (within one kilometer).

 

                  MORE OR LESS 2.5 MILLION PEOPLE OF KOLKATA AND ADJOINING AREAS WILL SUFFER FROM DANGEROUS LEVEL OF AIR POLLUTION DURING 10 DAYS OF KOLKATA BOOK FAIR.

 

NECESSARY EFFECTIVE ACTION IS TO BE TAKEN IMMEDIATELY.

                

             The 33rd. “Kolkata Book Fair” will be inaugurated on January 29, 2008 and remain open from 30^th.January 2008 to 10^th. February 2008 for the period about 10 days, at the Park Circus Maidan (it is a Park) in South Kolkata in the State of West Bengal in India. ‘Publishers and Book Sellers Guild,’ Kolkata will organize this Book Fair in this Maidan for the first time and cover 5,75,000 sqft of the green ground.

                  The Guild will erect about 550 stalls and the provision for 150 tables for little magazine at the Book Fair. This Guild is not a Governmental organization nor it is a recognized Humanitarian Organization but it is a commercial organization.

 

                Name of some Hospitals are:  National Medical College and Hospital, Institute of Child Health, Islamia Hospital (adjacent), Christian Mission Hospital, Assembly of God Charch etc. – name of some reputed Nursing Homes are: Repose Nursing Home, Park Nursing Home, Bellevue Nursing Home, Calcutta Pay Clinic and Hospital, Saviour Nursing Home, Mariland, Beg Bagan Nursing Home, Ritwik Nursing Home etc. – name of some reputed Diagnostics Centres are: Islamic Medical Research Centre, Peoples Relief Committee, Scientific and Clinical Research Laboratory etc. Besides these list there are tens of Nursing Homes, Diagnostic Centres and Poly Clinics.

                               

                     Park Circus Maidan is inside a densely populated residential area. One section of people is living in slums. There are many Colleges, High Schools, Primary Schools, Hospitals, Nursing Homes, Poly Clinics, Diagnostics Centres and Doctor’s Chambers around this Maidan within radius of two/three kilometers. Nearer some reputed schools are – Don Bosco School, Mahadevi Birla Girls Higher Secondary School, Park Circus School and nearer college Lady Brabourne College.

 

 

                Please visit website – www.wikimapia.org to find out the Park Circus Maidan in South Kolkata, in the State of West Bengal in India.

 

             According to recent report, about 10 (ten) to 20 (twenty) lakh visitors will enter inside this Maidan and/or converge inside this Maidan and about 3 (three) thousand people will stay inside this Maidan during these ten days of Book Fair and about 540 make-shift Book Stalls will be erected on green ground covering 5,75,000 sqft to facilitate the Book Fair inside this Maidan.

 

             According to estimate, about 5 (five) thousand extra private cars will enter every day in the Maidan Zone (within radius of two kilometers) besides taxis, hundreds of extra buses of different routes and more than two thousands extra Auto-Rickshaws that are driven mostly by using kanta-tel (please see website to know about kanta-tel). According to Government of West Bengal, petrol driven auto-rickshaws are the major contributors to the automobile pollution problems in the Kolkata region. But in practice, most of the auto-rickshaws are driven by kanta-tel that is dangerous oil (promoted and protected) and creating perilous air-pollution.

 

         According to report – ‘Publishers and Book Sellers Guild’ issued directions to the private car owners to use about two kilometers of radius of the Maidan and use the lanes and by-lanes. Naturally the residential localities i.e. called Mahallas will be seriously  affected.

 

    According to News – another Park i.e. Gorachand Park along Gorachand Lane behind Lady Brabourne College will be used by this Guild to accommodate 900 cars. Naturally the grassy area will be abolished within 10 days. It is congested area and the residents of that area will suffer from harmful air-pollution.   

 

                 According to News – This Guild will direct or write or arise the condition to close the Educational Institutions nearer to Park Circus Maidan before the schedule time i.e. one hours or two hours before schedule time. Time of Book Fair is 02.00 p.m. to 08.00 p.m. but the closer time of Educational Institutions extended up to 03.00 p.m. or more. Naturally the students of Primary Schools, High Schools and Colleges will be deprived from their study and the Annual Examination and Madhyamik (10 class) Examination will be held within two months or three months. The Guild is a commercial organization and the Guild has no authority to do so. Right to Education is a fundamental right and it is basic Human Right.

 

             Kolkata Book Fair will end at 08.00 p.m. (night) and naturally the Residential Areas (Mahallas) will be disturbed up to about 10.00 p.m. (night). The Publishers and Book Sellers Guild has no authority to disturb the population of residential areas and disturb the study of the students and disturb the peace and tranquility.   

 

         This is Winter Season and the pollution of the air is generally higher during this time as compared to other seasons. This Park Circus Maidan area is a traffic-jam prone area. During these 10 days of Book Fair, the new air pollution will add with the every day pollution and will reach in an alarming high and unimaginable level and will be dangerous to health.

 

AIR POLLUTION

 

KOLKATA AVERAGE (DATA FROM WEST BENGAL POLLUTION CONTROL BOARD).   SPM means Suspended Particulate Matter (PM2.5), RPM means Respirable Particulate Matter (PM10), NOx means Oxides of Nitrogen.

 

[Average RPM OF PARK CIRCUS MAIDAN 227 (24 Hours) submitted by West Bengal Pollution Control Board to High Court of Kolkata on 25/01/2008). [>210 is critical,  announced by Government of India, Ministry of Environment and Forest]

Residential Standard (National ambient Air Quality Standard: India) 01/01/2008 02/01/2008 03/01/2008 04/01/2008 08/01/2008 09/01/2008 10/01/2008 11/01/2008 12/01/2008 14/01/2008 16/01/2008 22/01/2008 18/01/2007 02/02/2007 12/12/2007 20/12/2007 18/01/2006 10/02/2006

SPM (PM2.5) [2.5 mm in size or less – fine particles] 200     413 385 411 443 460 466 519 396 375 388 371 339 485 404 339 373 344 289

RPM (PM10) [2.5 mm to 10 mm in size – course particles] 100     238 188 233 224 231 260 267 201 202 171 205 166 285 199 200 197 212 162

NOx       80                                        99              113              107               95              106                90               106               97                84                    86                 95                77               118               101                93                91                99                87

 

Generally Air-pollution in Park Circus Maidan Area is higher than the average level. An example: dated 01/01/2008 – Average Pollution of Kolkata was SPM 413 but in Mominpore (inside Kolkata) it was SPM 472.

 

ON THIS HIGH LEVEL OF AIR-POLLUTION, NEW AIR-POLLUTION WILL BE ADDED and the level will reach to the dangerous level and naturally patients, children, aged persons will immediately suffer. In estimation – this level will be doubled.

   

NOTE:

                  There are 16 (sixteen) Manual Stations to monitor the Daily Ambient Air-Quality in Kolkata but there is no station adjacent with and/or close to Park Circus Maidan. The nearest Manual Stations to Park Circus Maidan to monitor Air-Quality are – Gariahat, Minto Park and Picnic Garden but these stations are far away (more than one kilometer away) from Maidan. 16 Manual Stations are – Behala Chowrasta, Beliaghata, Salt Lake, Topsia, Shyambazar, Gariahat, Baishnabghata, Moulali, Ultadanga, Mominpore, Minto Park, Rajarhat, Dunlop bridge, Picnic Garden, Tollyguange, Hyde Road – are being maintained by West Bengal Pollution Control Board.

                              

        No doubt – mostly patients (hospitals, nursing homes, poly clinics, diagnostic centers), children, students, slum dwellers (there are many big slums) and aged persons within the radius of two/three kilometers will suffer from dangerous level of air pollution. Students not only of this area but also outside of this area will suffer and/or deprive from education.

 

                            This is the case of gross violation of Human Rights.    

 

        Right to healthy environment is a fundamental right. Right to Education is also a fundamental right and these rights should be read with Article 21 of the Constitution of India. These rights are human rights and should be protected. ‘Publishers and Book Sellers Guild’ has no authority to violate Human Rights.

            

      Government of India enacted the ‘Protection of Human Rights Act 1993’ and ratified the ‘International Covenant on Civil and Political Rights’ and ‘International Covenant on Economic, Social and Cultural Rights’.

 

    In these circumstances, it is the report that the Mayor, Shri Bikash Ranjan Bhattachraya has issued ‘No objection Certificate’ to ‘Publishers and Book Sellers Guild’ to work inside Park Circus Maidan without ‘No objection Certificate’ from West Bengal Pollution Control Board and without ‘No Objection Certificate’ from other respective Authorities, if applicable.

 

      It is documented that this Mayor of The Kolkata Municipal Corporation is against the Right to Health. Right to Health is a fundamental Human Right. This Mayor is issuing Trade License to the fake doctor to do medical practice within the jurisdiction of The Kolkata Municipal Corporation and he is promoting fake specialist doctors to do medical practice and in writing he showed red eye for objection. His knowledge on medial science is doubtful.

 

       ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’ – Article 21 of the Constitution of India.

       ‘Any disturbance of basic environmental elements, viz. air, water and soil is hazardous to “life” under Article 21 of the Constitution – M.C. Mehata v. Kamal Nath AIR 2000 SC 1997.

 

       According to the Constitution of World Health Organization (WHO) – ‘Health is a state of complete physical, mental and social well being and not merely the absence of disease or infirmity.’

 

     The right to health: an individual inalienable right – The State Parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognize “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.”    

      

     ‘Health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity’ – United Nations Committee on Economic, Social and Cultural Rights.

 

     ‘State Parties shall take all appropriate measures..…to ensure on the basis of equality of men and women …….the right to protection of health’ – Article 11.1 (f) International Convention on the Elimination of All Forms of Discrimination Against Women.

NOTE:

US AUTHOR ‘PAUL THEROUX’ WILL INAUGURATE THE BOOK FAIR on 29^th. January 2008. PERHAPS HE IS NOT INFORMED THE MATTER OF AIR-POLLUTION, DENSELY POPULATED RESIDENTIAL AREA AND VIOLATION OF HUMAN RIGHTS. HE IS TO BE INFORMED.

 

       I have sent petition as a Human Rights Activist to (1) Chairman, West Bengal Human Rights Commission, (2) Chairman, West Bengal Pollution Control Board, (3) Home Secretary, Government of West Bengal by e-mails – to consider necessary action, suo motu.  

        I have submitted Master Thesis – ‘ENVIRONMENT AND HUMAN RIGHTS’ as curriculum of Post Graduate Diploma in Human Rights at Indian Institute of Human Rights, New Delhi.

         

 

Date: 27/01/2008.                                                              Dipak De

Address:                                                                  Human Rights Activist,

18/20A, Dover Lane,                        (appeared final year examination of Post Graduate

Kolkata – 700 029.                                            Diploma in Human Rights)

India.                                          [Studying Human Rights with permission, is with

E-mail: dipakdev@…      Amnesty International India with permission and in touch with People’s Union for Civil Liberties, India; Asian Centre for Human Rights, New Delhi; Asian Human Rights Commission, Hongkong; International Federation of Health and Human Rights Organizations,  The Netherlands).