NHRC accepts the action taken by the concerned authorities in the Styrene gas leakage tragedy in Andhra Pradesh; relief paid to the victims and criminal proceedings initiated against the 12 accused (19.02.2021)

New Delhi, 19th February, 2021

The National Human Rights Commission, NHRC India has accepted the action taken by the concerned authorities and the Ex-gratia of Rs. 1 Crore each paid to the families of the 12 people who died in the tragic incident. The Govt. of Andhra Pradesh has informed the Commission that 485 people were paid Rs. 1 lakh each who were hospitalized for two three days. It has also informed that criminal proceedings were initiated against the 12 accused.

The Commission had taken suo motu cognizance of media reports about the death of eight persons and over five thousand others falling sick due to leakage of styrene gas in Vizag District of the State of Andhra Pradesh on the 7th May, 2020. The leakage of the gas had reportedly affected people within a radius of about 3 kilometers. Many people were reported lying on roads while some complained of difficulty in breathing and rashes on their bodies.

On the basis of the early media reports then, the Commission had observed that “though prima-facie, as of now, there are no reports regarding human error or negligence but the fact that so far at least 8 innocent citizens have lost their lives and thousands have fallen sick, is indeed a serious issue of violation of human rights. Right to life of the victims has been grossly violated. At a time when the human lives across the country are at stake due to spread of Covid-19 virus and everyone is forced to stay indoors, the gruesome tragedy has come as bolt from the blue for the people.”

Accordingly, the Commission had issued a notice to the Chief Secretary, Government of Andhra Pradesh calling for a detailed report in the matter including status of the rescue operation, medical treatment provided to the people fallen sick and relief and rehabilitation provided by the state authorities to the affected families. A notice had also been issued to the Director General of Police, Andhra Pradesh to inform within four weeks about registration of FIRs in the matter and status of the investigation being conducted. A notice was also sent to the Union Ministry of Corporate Affairs, through its Secretary, to examine whether the norms laid down under relevant provisions of the law are being implemented at the particular industrial unit.

Pursuant to the directions of the Commission, the Director General of Police, Andhra Pradesh, submitted a detailed report emphasizing the following aspects:

1. Evacuation: After the incident, the Administration evacuated nearly 20,000 people from 17,000 houses of RRV Puram, Nandamuri Nagar, Kamparapalem, Padmanabha Nagar, SC/BC Colony, Meghadripeta Colony and kept them at 23 rehabilitation centers maintained by GVMC as well as Simhachalam Devasthanam authorities.

2. Relief: As per the assurance given by the Chief Minister of Andhra Pradesh to the victims of the incident for payment of compensation/ex-gratia, sanction order dated 8.5.2020 was issued. Special enumeration teams were constituted to conduct door to door verification for listing all the victims. Similarly, another Committee was formed to validate the claims of the hospitalized persons under various categories. After completion of process of finalization of eligible victims, the ex-gratia amount was paid to the persons affected as per the following details:

Particulars Amount Sanctioned Victims Amount paid:

1. Ex-gratia to the kin of the deceased, 1 Crore each (total 12 Crores)

2 People on ventilator 10 Lakhs

3 Hospitalized for 2-3 days 1 Lakh each 485 485 Lakhs

4 People undergone primary treatment 25,000/- each 99 24,75,000/-

5 Affected villagers 10,000/- each 19893 19,89,30,000/-

6 Died Animals 25 Animals (8 Owners) 8,75,000/-

With regard to the status investigation of the case registered by the police, it has been submitted that 437 witnesses were examined including the statement of 16 officials, security and technical persons who are working in LG Polymers Company. During further course of investigation, based on the evidences, witnesses and other documentary/experts opinions, 12 accused were arrested and produced before the AMM Court, Visakhapatnam. The Court granted them 15 days remand to judicial custody to all the 12 accused persons. The Passports of CEO & Directors/Senior Employees of L.G. Polymers, R.R. Venkatapuram were also reported to be kept by the police in its custody. The material objects seized at the scene of offence also sent to Director, FSL, Mangalagiri, A.P. for chemical analysis and opinion.

Further, Dy. Chief Inspector of Industries, District Fire Officer, Visakhapatnam, Dy. Chief Controller, Explosives Department and Director, Pollution Control Board were directed to inform the technical aspects in leakage of the Styrene vapor from M6 Tank at L.G. Polymers. The final reports from the Director of Factories, Dy. Chief Controller Explosives Department, Director, Pollution Control Board were reported to be pending.

The viscera’s preserved by Professor, PM, AMC of 15 deceased were sent to Assistant Director, RFSL, Visakhapatnam for chemical analysis and opinion and the final opinion about the cause of death of the deceased are stated to be pending. Out of 585(approx) affected persons, so far 320 wound certificates were received from different Hospitals in Visakhapatnam, and efforts are being made to obtain the certificates.

The Director General of Corporate Affairs, New Delhi, submitted the following :-

i. M/s LG Polymers India(P) Limited was incorporated on 10th December 1996 and has its registered office at RRV Venkatapuram, Visakhapatnam. The Company is involved in the business of manufacturing of chemical and chemical products, pharmaceuticals, medicinal chemical and mechanical products.

ii. The company received clearance from the Andhra Pradesh Pollution Control Board dated 19th January 2017 which is valid upto 31st December 2021 and Andhra Pradesh Pollution Control Board order dated 20th June 2018 for expansion which is valid till 30th April 2023.

iii. As far as safety measures, it is governed by the Factories Act, 1948 and other allied institutes which are Central Acts and administered by concerned State Governments.

iv. Companies which are dealing with manufacturing job are required to take permissions from the Pollution Control Board of the concerned State which falls under the exclusive jurisdiction of the Ministry of Environment, Forest and Climate Change.

The Commission has also noted that the cognizance of the incident was also taken by National Green Tribunal, Principal Bench, New Delhi and vide its order dated 8.5.2020 directed the LG Polymers India Pvt. Ltd. to deposit an initial amount of Rs.50 Crores with the District Magistrate, Vishakhapatnam, which will abide by further orders of the Tribunal. In compliance to the above orders, LG Polymers India Pvt. Ltd. deposited an amount of Rs.50 crores with the Collector & District Magistrate, Vishakhapatnam.

The NHRC has observed that having considered the requisite reports received from the concerned authorities and also the fact and circumstances of the case, any further proposition from end of this Commission is not required.

It has further observed that “it was an unfortunate incident in which 12 people lost their lives due to gas leak, however, the State Government has compensated the bereaved families by paying ex gratia to the tune of Rs. One crore each to the next of kin of the deceased, adequate monetary compensation to more than 2000 victims, who fell sick and hospitalized besides taking legal action against the accused persons. The State Government has also deposited an amount of Rs.50 crores with the Collector & District Magistrate, Vishakhapatnam as per the orders of NGT, New Delhi for the restoration of environment and payment of interim compensation to victims of the gas leak.”

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