Mehdiganj Struggle
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1. Where is Mehdiganj?

2. What are the issues the Mehdiganj community is facing due to the local Coca-cola bottling plant ?

3. Depletion of ground water

4. Encroachment of land by the plant

5. Toxic wastes from the plant

6. Unfair practices like evasion of stamp duty and violation of labor laws.

7. Fake cases filed by Coca-cola against the employees and peaceful protestors who represented the community.

8. What are the demands of this movement ?

9. Why a campaign or action against the government or Coca-cola? Why not efforts to address water shortage by other means?

10. Is this a blanket anti-coke campaign?

11. Is this movement against corporations in general?

12. What is meant by supporting this campaign?

13. Even if all this is true, its the fault of the current owner/operator/manager of the Hindustan coca cola plant in Mehdiganj. Coke has got to do nothing with it.

14. This is anti-development. What about all the business generated, all the employment created and all the taxes paid?

15. Who is leading the efforts in Mehdiganj?

16. What is Coke's response to all this?

17. What is the government's response to this?

18. What is currently happening in Mehdiganj?

19. Shutting down the Coke plant is a short-term solution. Tomorrow (or 5 years from now) the problem can repeat with a different company or simply in a neighboring town! Why are we spending our time supporting such short-terms efforts?

20. How does the water consumption for irrigation compare with that used by the HCCC plant?

21. How does the water consumption for domestic usage compare with that used by the HCCC plant?

22. How can I support the campaign?


1. Where is Mehdiganj?
Mehdiganj is a village in Uttar Pradesh, around 20 Km from the holy city of Varanasi.

2. What are the issues the Mehdiganj community is facing due to the local Coca-cola bottling plant ?
1. Depletion of ground water
2. Encroachment of land by the plant
3. Toxic wastes from the plant
4. Unfair practices like evasion of stamp duty and violation of labor laws
5. Fake cases filed by Coca-cola against the employees and peaceful protestors who represented the community

3. Depletion of ground water
The colossal use of ground water has dried up open wells and has resulted in bore wells going deeper from 30 feet to 50 feet in this Gangetic plain. Owing to three successive failed monsoons, more than 20 villages are experiencing acute water shortage in this area. Communities are finding it extremely difficult to meet their basic water needs like drinking, cooking and cleaning. It also affects their ability to make a living with the loss of water for irrigation.

The local authorities sent a report declaring the drop in ground water levels in Mehdiganj as dangerous. The State Water Board is considering closure of government tube wells and bringing in tankers for drinking water supply.

The Coca-Cola company's extraction of water has further exacerbated the water crisis for communities living around its bottling plant, and this is the primary concern of the communities. The Coca-Cola plant uses a minimum of 25 hp pumps whereas most villagers use pumps that average around 5 hp.

Coca-cola withdraws 25 lakh litres of water per day in its plant as estimated by the community.

Even with conservative estimates,

Coke withdrawal per day (5 lakh lit/day as per Coca-cola) = 24 times the water needed by a farmer with an equivalent amount of land = Domestic water needs of 1250 families. Detailed calculations are available in Question 20 and Question 21.

Click here for detailed documents.

4. Encroachment of land by the plant
The Coca-Cola plant in Mehdiganj has illegally occupied 14,520 sq. feet of land, which is owned by the village panchayat. The courts have found the company guilty and issued notices to it to return the land, which not happened yet. The community proved its case that the Pradhan (chief) had been "paid off" to sign documents that Coca-Cola had returned the land, even though they had not. In 2005, the District Magistrate of Varanasi dismissed the Pradhan of Mehdiganj, Ram Jivan Patel due to corruption charges related to this incident. Even though the company has provided no compensation or alternative land no action has been taken on the company.

Click here for detailed documents.

5. Toxic wastes from the plant
The Coca-cola plant generates toxic waste in Mehdiganj and until 2004 it chose not to declare the toxicity of its waste. The plant freely dumped its solid and water waste into the surrounding premises. The company also distributed its waste to farmers as fertilizer.

In 2003, the Central Pollution Control Board of India examined the waste from the Coca-Cola bottling plant in Mehdiganj, and found that it contained extremely high levels of lead (up to 538mg/kg), cadmium (up to 86mg/kg) and chromium (up to 134mg/kg), effectively making it hazardous waste. The Pollution Control Board ordered the Coca-Cola company to treat the waste as hazardous and to store the waste in an appropriate manner. The state of Uttar Pradesh does not have a landfill to contain such toxic waste adequately, and Coca-Cola will not let independent observers into the plant to examine the containment of the toxic waste. The indiscriminate dumping of the toxic waste has polluted the soil as well as the groundwater around the bottling plant. In some instances, the bottling plant discharged large amounts of wastewater into the surrounding fields, flooding the crops. Mangoes, which grow prolifically in Mehdiganj, have fared extremely poorly, as have other crops. Groundwater polluted by heavy metals such as cadmium and lead is almost impossible to clean, and the communities around this plant may have to live with poisoned water and soil for generations to come.

Click here for detailed documents.

6. Unfair practices like evasion of stamp duty and violation of labor laws.
The Coca-Cola plant when it came into existence in 1999 evaded stamp duty worth US$380,000 which the company refuses to pay, in spite of the Varanasi court ordering it to pay US$650,000 with penalties in March 2003. The case moved to the high court, which reinstated the lower court order and allowed Coca-cola company to pay the amount in three installments on 10th July, 2003. Coca-cola paid only the first installment of $228,000 and has got a stay order from the Supreme Court.

A union was formed by the Coca-Cola workers in Mehdiganj in 2000, when workers realized that Coca-Cola was paying the labor contractor Rs 110 (about US $ 2.40) a day for their work and they were getting only Rs 72 (about US $ 1.6) a day. The vast majority of the workers at the Mehdiganj bottling plant are contract workers who receive no benefits and are "temporary". The Coca-Cola company dismissed key leaders of the union, including Bhagwan Das Yadav, and some workers who had participated in a protest. The Coca-Cola company also rolled back many of the gains realized by the union. Coca-Cola's treatment of its contract workers violates the Indian Industrial Disputes Act, 1947, and other Acts that are part of Indian labor law. Under the Contract Labor (Regulation and Abolition) Act, 1970, Hindustan Coca-Cola Beverages Private Limited, the Indian subsidiary of the Coca-Cola company, is the principal employer of these workers, and as such is responsible for ensuring that all labor law requirements are met.

Click here for detailed documents.

7. Fake cases filed by Coca-cola against the employees and peaceful protestors who represented the community.
False cases were initiated against 13 of the union leaders. During a peaceful dharna, protestors were lathi charged. In many instances fake criminal cases were filed against employees and peaceful protestors on charges of disrupting peace. Some of them were even given a restraining order prohibiting them from being within 300 metres of the plant. This led to disruption of the lives of those charged, living within this area.

Click here for detailed documents.

8. What are the demands of this movement ?
1. Cancel the license of Coca Cola company

The community of Mehdiganj should have the right to decide whether they want the coca-cola plant operating in their village or not. The unethical practices of coca-cola plant since 1999 in Mehdiganj has caused innumerable problems to the community and inspite of the prolonged protest there has been no action by the Government of U.P against the coca-cola plant.

2. Prohibit Coca Cola company from its daily exploitation of 25 lac liters of ground water [Details]
3. Release the public land illegally occupied by the company from the village panchayat of Mehdiganj [Details]
4. Stop the pollution caused by the wastes of Coca Cola, and compensate the people of Mehdiganj for the losses of life and crops [Details]
5. Deposit the dwindled stamp duty of rupees three crores one and half lac into the treasury immediately [Details]
6. Take back all the fake cases into which Coca Cola has dragged our peaceful protesters, and its employees [Details]

9. Why a campaign or action against the government or Coca-cola? Why not efforts to address water shortage by other means?
The campaign is to assert the rights of the community. The community actively works on water conservation issues and other means to address the water scarcity problems. The water regenerated through local efforts though constructive may not have as much of an impact if the plant continues to extract large amounts of water.

10. Is this a blanket anti-coke campaign?
No, this is a specific campaign of the people of Mehdiganj asking the government to take action against the HCCC plant in Mehdiganj.

11. Is this movement against corporations in general?
As with any other community, when basic rights of the people are undermined for maximizing profits, the people of Mehdiganj have a right to protest against it. This grassroots movement has always been representative of the interests and wishes of the local community. This is not a debate at a philosophical level for e.g 'capitalism' vs 'communism'. This is not about ideologies -its about livelihoods and lives. This movement should not be categorized or swept aside as a rhetorical struggle against a corporation.

12. What is meant by supporting this campaign?
By supporting this campaign you would:
1. Reaffirm the community's right to its own local resources.
2. Endorse the just demands of the struggle.

Click here for details on how you can support the campaign

13. Even if all this is true, its the fault of the current owner/operator/manager of the Hindustan coca cola plant in Mehdiganj. Coke has got to do nothing with it.
Hindustan Coca-cola Bottling Pvt. Ltd. is a wholly owned subsidiary of Coca-cola/coke. Coke claims in its website that the same quality, standards and legal procedures are maintained in all its plants - either owned or under a franchise. It also goes on to say that the secret formula and technology ensures that the same quality is maintained across the world.

Which means the main points of contention regarding the mehdiganj plant's operation rest on coke also because :

1. The extent of withdrawal of water depends on the technology, process and manufacturing standards - which is supposed to be maintained the same by coke everywhere.
2. Coke as a corporation needs to make sure that its investments are done in a proper 'legal' manner - surely encroachment of land and illegal dues in stamp duty amounting to Rs. 3,01,50,000 don't come under any law.
3. It is the responsibility of Coca-cola under its own charter to preserve the environment. But, the sludge and harmful waste from the plant not only pollute the environment, but also ruined the livelihoods of neighboring farmers. The Central Pollution Control Board of India has also recognized this issue.
4. As proudly advertised in Coca cola India's website, coke is supposed to contribute heavily to the employment opportunities in India and thus the Indian economy itself. Yet, the thousands strong community of Mehdiganj has seen less than 300 jobs that too only seasonal employment (120 days in a year), all of them non-permanent and even paid lesser than minimum wages (Rs. 72 for 8 hrs in a day against Rs 76 as specified by the labor courts). So, coke has fallen back on its promise of employment for the people of Mehdiganj.

14. This is anti-development. What about all the business generated, all the employment created and all the taxes paid?
True development is not at the cost of people. Paying taxes, creating jobs, philanthropic activities etc. doesn't give a right to an individual or a corporation to carry out illegal actions or undermine the needs of people.

As has been previously mentioned the employment generated never reached the people of Mehdiganj and the business generated did not benefit the community.

15. Who is leading the efforts in Mehdiganj?
The efforts in Mehdiganj are being led by the local community through a people's organization called Lok Samiti. The organization was founded by a group of local youth in 1999 and has now spread to 25 villages with over a 1000 people involved in it. Nandlal Master is the main coordinator of Lok Samiti. It is under the banner of Lok Samiti and the leadership of Nandlal, that the people of Mehdiganj have launched their indefinite struggle against the Coca-Cola plant located there.

16. What is Coke's response to all this?
Illegal possession of village land: In 2001, HCCC (Hindustan Coca Cola Company) said that they would measure their land and return an equivalent area of land encroached by them. This was decided by an agreement between Coca-Cola and the Panchayat. Nothing has happened to date. Please read government's response.

Evasion of stamp duty: HCCC paid the first installment of three (which amounts to Rs. 10,047,000 out of the total Rs. 30,150,000) but before paying the second installment they got a stay order from the Supreme Court and the matter is still unresolved. Please read government's response.

Polluting waste: HCCC claims that the waste produced from the bottling plant in Mehdiganj is non-polluting. However, a CPCB study has found unacceptably high concentration of heavy metals in the sludge from the plant. No action has been taken. Please read government's response.

Unfair treatment of laborers: HCCC provides benefits to some workers (uniformed) whereas most of the workers are on contract labor and they receive no benefits at all. HCCC does not take any responsibility for them.

Ground water depletion: HCCC claims it draws 500,000 litres of water a day from the ground, contrary to the figure of 2,500,000 litres/day as claimed by Lok Samiti. HCCC also claims that the ground water in Mehdiganj has gone up since it has moved into the area, though the area has been facing drought with three successive failed monsoons. HCCC has set up some RWH structures which replenish about 7,000,000 litres/year which would equal the amount of water they withdraw from the ground in 14 days (going by the 500,000 litres/day figure quoted by the company).

17. What is the government's response to this?
Illegal possession of village land: The panchayat land was not returned by HCCC as per the agreement between Coca-Cola and the Panchayat, and thus the SDM (Sub district majistrate) ordered the breaking of the boundary wall and returning the common village land. (HCCC was found to be in violation of Act 122 (b) which states that it is illegal to occupy common village land.) This order has not been implemented by the government.

Evasion of stamp duty: This case is in the Supreme Court and the matter is still unresolved.

Polluting waste: The CPCB has ordered the SPCB to immediately look into the matter of heavy metals like cadmium, lead and chromium being found in the sludge. No action has been taken to date.

Unfair treatment of laborers: This is a matter between the laborers and CC. The workers have not been allowed to form a union. The government normally steps in only when a union-worker has been affected.

Ground water depletion: The water level is going down and the area is under a severe drought. Government is planning to close all the big bore wells and is also planning to bring in tankers for drinking water supply. However, the bore wells at HCCC plant are drawing water as usual.

18. What is currently happening in Mehdiganj?
The people (community) of Mehdiganj have been on an idefinite vigil outside the Coca-Cola plant from the 23rd of March. On the 23rd of June the villagers started a relay hunger fast and on 27th June they launched an indefinite hunger strike till the government meets their demands. On 30th June and 1st July, NBA activist Medha Patkar will be joining the hunger strike and participating in a two day conference on water rights.

19. Shutting down the Coke plant is a short-term solution. Tomorrow (or 5 years from now) the problem can repeat with a different company or simply in a neighboring town! Why are we spending our time supporting such short-terms efforts?
We are not merely supporting a short-term effort. What we are supporting here is the right of the community to determine what is right for them - local democracy. The community has determined that the Coke plant is detrimental to it and thus they want to shut down the bottling plant.

If the community is able to get the plant shut down it will be a huge win for local democracy. In the future, any corporation, large or small, will be sensitive to the needs of the community and will not externalize any costs onto them.

The success of this struggle can lead to comprehensive legislative action that would protect communities from being exploited.

20. How does the water consumption for irrigation compare with that used by the HCCC plant?
According to Lok Samiti, Coke withdraws an estimated 25,00,000 liters of water per day to prepare its array of soft drink beverages. Coca Cola officials have said they withdraw upto 5,00,000 liters of water per day. The people in Mehdiganj grow rice, wheat and vegetables. Consider rice production which is water intensive:

5000 liters of water are needed to produce 1 kg of rice. The average rice production in Uttar Pradesh (averaged over the last 3 years) is 215.65 kg/acre/yr. This implies that the water consumption is 215.65 kg/acre/yr * 1/365 yr/days * 5000 lit/kg = 2954 lit/day/acre.

[Note that rice is a monsoon crop, and depends on rainfall to an extent, which is not taken into consideration in the above calculation]

For water consumption by Coca Cola, let us consider the conservative number given by the Coke officials of 5,00,000 liters of water per day. The plant in Mehdiganj is built on approximately 7 acres of land. This implies that the water consumption = 5,00,000 liters / day / 7 acres = 71,428 lit/day/acre ~ 24 times the consumption for farming.

[ Unlike production of Coca Cola, in the case of irrigation, a large portion of the water recharges the ground water table. Hence the factor of 24 will be even higher.]

21. How does the water consumption for domestic usage compare with that used by the HCCC plant?
Assume an average rural household consists of five people and three cattle. One person consumes 5 lt of water for drinking, 25 lt for cooking and 20 lt for washing per day, i.e. 50 lt/person/day. For 2-3 cattle, the water consumption is approximately 150 lt/day. This amounts to a total water consumption of 400 lt/day/household. In contrast the HCCC plant consumes 500,000 lt/day which would meet the domestic needs of 1250 families.

22. How can I support the campaign?
There are many ways to support the campaign.
1. Sign the petition.
2. Generate more awareness about the campaign.( eg. forward the petition to other friends)
3. Donate.
4. Boycott Coca Cola products as a show of solidarity with the community of Mehdiganj.
5. Join us and volunteer to do more research on the water related issues in Mehdiganj. You can visit the Mehdiganj community and document the efforts of the ongoing campaign.


Resources
Legal Documents
Reports from visits
About Nandlal
Nandlal Master Video

Links
AID-Austin Mehdiganj
India Resource Center
More pictures of campaign

News
Aug 03:CSE reports high pesticide levels in coke & pepsi

Frontline covers Mehdiganj


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