community wins right to its water

A recent High Court judgment gives hope to thousands campaigning for the closure of a bottling plant in Kerala, southern India, and comes as a major blow to the multinational soft drinks company, Coca-Cola. The Keralan State Court has ordered the company to stop drawing groundwater for use in its bottling plant at Plachimada by 16 January 2004.

Justice K Balakrishnan Nair of the High Court pronounced the verdict that "Ground water under the land of the company does not belong to it...510 kilo litres of water is extracted per day, converted to products and transported, thus breaking the natural water cycle."

The Court also held that the extraction of groundwater, even up to the admitted limit by the company, was 'illegal'. "The company had no legal right to extract this much natural wealth and the panchayat and the government were bound to prevent it." Justice Nair has directed the panchayat to ensure that all wells used by the bottling plant are to be closed down within a month of the ruling.

The dumping of toxic sludge (containing both cadmium and lead) on local riverbeds, as well as the depleting ground water reserves, has motivated large numbers of people to campaign for the closure of the bottling plant. ActionAid has joined local residents in demanding that Coca-Cola be made to accept its social responsibilities and consider the rights of the local communities, not just their profit margins.

The protests outside the factory had reached their 604th day when the verdict was reached on 16 December 2003. Whilst this is seen as an important ruling for those affected, there are concerns that the issue does not focus enough on making Coca-Cola accountable for the damage they have caused in the region. However the precedent set by this ruling, it is hoped, will be used in every state in India to ensure that, tighter regulations are placed on the commercial extraction of groundwater, especially by bottled water companies.

photo : ©Jon Clarke/ActionAid