Tribunal invokes Precautionary Principle; directs government to frame policy for schools and public buildings within six months
New Delhi, Oct 31,
The National Green Tribunal (NGT) has declined to impose an immediate nationwide ban on asbestos cement roofing sheets, including those used in schools, but has directed the Centre and concerned ministries to prepare a detailed action plan to phase out their use in educational and public buildings. Delivering its order in O.A. No. 298/2023 – Dr. Raja Singh vs. Union of India & Ors., the Tribunal invoked the Precautionary Principle under Section 20 of the NGT Act, 2010, emphasizing that environmental harm should be prevented even in the absence of complete scientific certainty. It observed that while there is no conclusive Indian study proving asbestos cement roofing directly hazardous, the presence of asbestos fibers in the environment and the potential health risks, especially to children, call for preventive measures.
The applicant, Dr. Raja Singh, had sought a complete ban on the use of asbestos roofing in schools across India, citing health hazards and earlier orders by the Kerala Human Rights Commission and High Courts of Kerala and Calcutta. The Fibre Cement Products Manufacturers Association (FCPMA), which represented the industry, opposed the plea, arguing that there are no viable alternatives to asbestos cement sheets. It maintained that chrysotile or white asbestos, when bonded with cement, is safe and cost-effective, whereas other materials like polycarbonate or polypropylene sheets are expensive, less durable, and structurally weak for Indian conditions.
The Tribunal took note of earlier rulings, including those by the Kerala High Court in 2017 and 2019 and the Calcutta High Court in 2017, which did not conclusively establish the environmental or health impacts of asbestos cement sheets. The Ministry of Environment, Forest and Climate Change (MoEF&CC) admitted that asbestos fibers can enter the environment through weathering, demolition, or mechanical damage even when the fibers are initially locked within cement. However, the Ministry stated that there is no Indian research conclusively linking asbestos roofs to health hazards in school environments.
While referring to the Supreme Court’s judgment in Kalyaneshwari v. Union of India (2011) that had declined to impose a nationwide ban on asbestos, the Tribunal avoided contradicting that position. Yet, invoking both the Precautionary Principle and the Right to Health under the UN Convention on the Rights of the Child, it emphasized that regulatory and preventive measures are necessary to protect vulnerable groups like schoolchildren and workers handling asbestos products.
The NGT has issued a set of binding directions to ensure safety in both occupational and non-occupational settings. Employers in asbestos industries must assess exposure levels, mark hazard zones, provide protective gear, prohibit eating and smoking in work areas, and conduct medical surveillance and annual safety training. For schools and public buildings, the Tribunal directed compliance with Bureau of Indian Standards (IS:11769 Part 1) for handling, maintenance, and disposal of asbestos sheets. It ordered that intact asbestos roofs should be encapsulated with paint or sealant, while damaged ones must be safely removed using wetting and protective procedures. Schools are to be inspected by qualified professionals, and staff must be educated about asbestos safety practices.
The order further directs that asbestos waste should be transported only in sealed and labeled containers and disposed of at authorized hazardous waste facilities. The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) have been tasked with strict monitoring of asbestos waste management. The Ministry of Education has been directed to issue advisories to schools for maintenance and safe disposal, while the CPCB must issue standard operating procedures for safe handling and disposal. The MoEF&CC has been instructed to review global best practices and scientific literature and frame a comprehensive policy for phasing out asbestos use in schools, residences, and other buildings within six months.
The Tribunal has also mandated that the MoEF&CC, Ministry of Housing and Urban Affairs, Ministry of Education, and CPCB submit an Action Taken Report within seven months. The Registrar General of the NGT has been directed to relist the matter if these reports are not received within the stipulated period.
While the NGT refrained from imposing a blanket ban, its order marks a significant step toward regulating and gradually phasing out asbestos cement roofing. The judgment aims to balance industrial practicality with the urgent need to safeguard public health, prioritizing the protection of children and workers from potential asbestos exposure.
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