Answer By law4u team
Shipbreaking in India is a major industry, especially along the Alang coast in Gujarat. It involves dismantling old ships to recover steel and other materials. However, the process poses significant environmental and health risks due to hazardous materials on board. India has established laws and guidelines to regulate shipbreaking, aiming to balance economic benefits with safety and environmental protection.
Legal Framework Governing Shipbreaking in India
The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
These rules regulate the handling and disposal of hazardous wastes generated during shipbreaking and align with the Basel Convention on hazardous waste.
The Environment Protection Act, 1986
Provides the broad legal framework empowering the Ministry of Environment, Forest and Climate Change (MoEFCC) to enforce environmental standards in shipbreaking yards.
Coastal Regulation Zone (CRZ) Notification
Shipbreaking yards operate under CRZ regulations which restrict and monitor activities near the coast to protect marine ecosystems.
The Indian Boilers Act, 1923 and Factories Act, 1948
These acts provide safety standards and working conditions for laborers engaged in shipbreaking activities.
The Basel Convention
India is a signatory to this international treaty which controls the transboundary movement and disposal of hazardous wastes, including end-of-life ships.
Guidelines for Ship Recycling
The Indian government has issued specific guidelines for environmentally sound ship recycling practices, including safe removal of asbestos, heavy metals, and oil residues.
The Shipbreaking Code (Voluntary Guidelines)
Some shipyards follow codes that include measures for worker safety, use of protective gear, and emergency preparedness.
Environmental and Safety Concerns Addressed by the Law
Safe handling and disposal of asbestos, PCBs, heavy metals, and oil residues.
Prevention of marine pollution from shipbreaking operations.
Ensuring proper protective equipment and health monitoring for workers.
Monitoring and controlling air, water, and soil pollution at shipbreaking yards.
Challenges in Enforcement
Illegal dismantling activities outside regulated yards.
Poor compliance with safety and environmental norms by some operators.
Health risks due to lack of adequate safety gear and training.
Balancing economic interests with stringent environmental standards.
Recommendations
Strengthening regulatory oversight and frequent inspections.
Promoting awareness and training for workers on safe practices.
Encouraging adoption of green ship recycling techniques.
Collaboration with international bodies for best practices.
Example
Suppose an old cargo ship arrives at Alang for dismantling. The regulated process involves:
Prior environmental clearance from MoEFCC.
Safe removal of hazardous materials following guidelines.
Use of personal protective equipment (PPE) by workers.
Monitoring of waste disposal to prevent contamination.
Compliance with Coastal Regulation Zone norms.
Regular health check-ups and safety drills for laborers.
