For over two years the village of Bogribeil was cloaked in a thick cloud of dust. A private company had set up a stone crushing operation on the edge of the small farming community in the Uttara Kannada district of Karnataka, India. The dust threatened the villagers’ health and impacted their livelihoods, polluting the water in the wells and settling on the crops. Farmers like B.T. Gouda and his brother suffered significant losses. “We used to earn INR 130,000 annually by farming,” says Gouda, “but last two years we could only earn INR 50,000 a year.”
The community thought the private company’s actions were unfair, but it was not until paralegals from CPR-Namati visited that they realized the company might also be breaking the law.
Maruti and Vinod visited Bogribeil in September 2016 to hold a community legal training session as part of their awareness drive. A few farmers brought up the issue of the stone crushing unit and dust pollution. They told the visiting paralegals how the unit would operate for more than 16 hours a day and how the mango and cashew flowers, clogged with dust, would not turn into fruit and nuts. They said they approached the company numerous times in the last two years, demanding compensation for their losses, but despite assurances, the company never paid.
The farmers were focused on compensation for the livelihood losses, but the women had additional concerns and demands. The dust, they pointed out, was polluting the wells and other water sources, and they were concerned about the long-term health effects breathing in the dust particles would have on their children. “The nursery school is located just 50 meters away from the stone crusher unit and 5-year-old children had to suffer this dust pollution every day,” says Sunita Bai, the caretaker at the school. “I used to clean school premises every hour to make sure that kids don’t play on a dusty floor.”
For the women of the village, compensation alone was not sufficient. They wanted a reduction in the dust pollution.
The paralegals, Maruti and Vinod, shared with the community that this was likely more than an unfair situation, it was almost certainly a legal one: there are environmental regulations that companies have to adhere to by law in order to operate. They decided collectively that the paralegals and a few volunteers from the community would probe this matter further to find if there was, in fact, a legal hook they could use to demand sustainable remedies beyond just compensation from the authorities.
Vinod and Maruti gathered all the available legal documents related to the approvals and operation of stone crusher units granted by relevant government authorities and had them translated into the community’s local language. Together with the affected villagers, they carefully examined and discussed the regulations laid out in the documents.
They discovered that the company’s use of the stone crushing unit had been violating a number of major environmental regulations under Air Act 1981, Water Act 1974 and Karnataka Stone Crushers Act 2011, and had been operating without a legal consent from the Pollution Control Board for the last few months. As per the Environmental Clearance guidelines, stone crusher units are supposed to be established within a minimum distance of 500 meters from human habitation, whereas the existing unit was situated just 50 meters away from the village. Additionally, the company was not complying with conditions such as the usage of water sprinklers and high wind-breaking wa
lls to contain the dust suspension in the air.
These findings helped the community members understand why the dust had been so bad and, more importantly, the illegality of the problem. They realized the law was on their side. They decided they would take the issue to the government authorities.
The two paralegals and active community members collected photographic evidence to support their claims and in November 2016, they filed a complaint with the Pollution Control Board and the District Commissioner.
In the complaint letter, they cited the violations along with the resulting impact and demanded immediate action from the authorities to ensure the company addressed the problem of dust pollution and provided compensation for the livelihood losses incurred so far.
The letter proved to be the beginning of a long process. The company had significant political clout; the government authorities were either unresponsive or passed the buck from one institution to another. When they did act it was only to issue ‘show-cause notices’ without prompting any changes in the on-the-ground situation.
But the paralegals and community partners were relentless: they visited the authorities offices, filed follow-up Right to Information (RTI) requests, and reported the issue in the local media in an effort to push the authorities to act. The company tried to persuade villagers to withdraw their complaint with partial compensations to a few, but the villagers refused.
Their persistence paid off. Ten months after the first complaint was filed, the Pollution Control Board made a site visit and issued a direction of action to the company.
Within a few days, the stone crusher unit had installed water sprinklers and a wind-breaking wall to reduce the dust pollution, as directed. The stone crushing machine was shifted in a different direction to minimize the suspension of dust in the wind towards the village. The Pollution Control Board officials took community members for a site visit within the company to assure them of the action taken. The company also paid some compensation to the villagers for both livelihood losses and health risks caused by the dust pollution.
This was a major achievement for the community which had been reeling with the problem for close to three years. The issue had been resolved, they received compensation, and they learned that they can use the law to protect their rights and hold those in power accountable.
As B.T. Gouda, an active community partner, says:
“I used to think that I will never be able to stand in front of a higher rank officer and speak, but the knowledge of law and the clear evidence gave me the confidence to not only question the authority but demand a remedy courageously.”
The outcome, says Gouda, “is a victory of the common man.”
Last updated January 30, 2013.
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Last updated: February 2, 2023
Welcome to the namati.org website (the “Site”) and the Legal Empowerment Network Forum (the “Forum”) operated by Namati, Inc., a Delaware corporation (“Namati”, “we”, “us” or “our”). We share your concern about the protection of your personal information online.
This Policy describes our privacy practices and sets out your obligations and ours with respect to your use of the Site and the Forum. This Policy applies only to the Site and the Forum and does not necessarily apply to our offline collection of information.
Namati may collect and retain two types of information about Site and Forum visitors: (i) personal information that individual visitors voluntarily provide when interacting on the Site or Forum or on certain other occasions (such as via forms or in emails); and (ii) tracking data, which is data that is automatically collected from every Site and Forum visitor as they use and browse the site.
We may, from time to time, store and archive the information you submit to or through the Site and Forum. The information that we gather may include your name, title, and address, telephone number, email address, credit card number or other elements of personal information. In addition, if you contact us, we may keep a record of your correspondence, including any information contained therein.
You may decline to provide any personal information, but please realize that you thereby may be unable to register or to participate in activities or services offered on the Site and/or Forum.
In addition to the information you submit to or through the Site and Forum, we also may collect and store data from and about you gathered in the course of your use of the Site and Forum. We call this “tracking data.”
Such tracking data may include, but is not limited to, information regarding the number and frequency of visits to the Site and Forum, the websites that you access before and after you visit the Site and Forum, the software and operating system used to access the Site and Forum, and your IP address and Internet service provider.
Our use of your Information involves various forms of communication with you, including:
We will not disclose any personal information to third parties, except:
Information provided to third parties is limited to the information needed to perform their functions. We seek to limit third-party use of information and our service providers have entered into contracts with us that restrict what they can do with your personal information. If you would like specific information about our service providers who have received your information, please contact us at email@example.com and we will provide that information to you.
We retain the right to transfer or assign all information pursuant to a merger, purchase or other transaction relating to Namati or our assets.
The current list of third-party service providers we use include:
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Personal information you submit via your member account, other than information provided or content posted by you to public areas of the Site as described below, is deleted from Namati’s records following the deletion of your account. However, such information may continue to be retained by third-party service providers to which it has been disclosed for one of the reasons listed above. Any financial records will be kept in accordance with Namati’s data retention policy.
Your Information is stored on Digital Ocean servers in New York, USA, and WPengine servers located in Texas, USA. When you provide personal information to us, we request your consent to transfer that personal information to the USA. The USA does not have an adequacy decision from the European Commission, which means that the Commission has not determined that the laws of the USA provide adequate protection for personal information. Although the laws of the USA do not provide legal protection that is equivalent to the EU GDPR, we safeguard your personal information by treating it in accordance with this Policy. We take appropriate steps to protect your privacy and implement reasonable security measures to protect your personal information in storage. We use secure transmission methods to collect personal data through our website. We also enter into contracts with our data processors that require them to treat personal information in a manner that is consistent with this Policy.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You should be aware that any information provided or content posted by you to public areas of the Site, including but not limited to interactions on the Site and information posted to the Member Directory (via your profile), the Resource Library, and the Forum, may be read, collected or used by other visitors of the Site, who may not need to log in as a member to view the information. Namati is not responsible for the third-party use of any information provided in such manner. By participating in the use of the Site’s interactive features, you consent to Namati’s use or disclosure of any content that you submit. For more information on posting content, please see our Terms.
The Forum uses data about your posts and other activity to make automated decisions about whether your posts are spam.
The Forum may also use data about your posts and activity to award you badges and calculate a trust level for your account. Your trust level may affect how you can participate in the Forum, such as whether you can upload images, as well as give you access to moderation and management powers in the Forum. Your trust level, therefore, reflects Forum administrators’ confidence in you, and their willingness to delegate community management functions, like moderation.
From time to time, we may email users of the Site information regarding important developments affecting Namati. We may also email users on occasion regarding the Site. Such emails may be sent to users of the Site if they have given their consent previously or if they have requested information from us or acquired goods or services from us in the past and have not opted out of receiving marketing communications. You can ask us to stop sending you marketing messages at any time by (i) logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences; or (ii) by following the opt-out links on any marketing message sent to you; or (iii) by contacting us at any time. You may choose to unsubscribe from future emails by using the unsubscribe link included in all mass email correspondence from Namati.
If a user elects to use our referral service to inform a friend about the Site and Forum, we request the name and email address of the friend. Namati will automatically send the friend a one-time email inviting the friend to visit the Site. Namati stores this information for the sole purpose of sending this one-time email, and, while a third-party mail service provider may retain the information in its database, no additional emails will be sent by Namati without further action by the friend.
Namati is concerned about the privacy protection of children who access the Internet and this website is not intended for children and we do not knowingly collect data relating to children. Accordingly, the Site and Forum are not intended for use by anyone under the age of 16, and we do not knowingly collect information from anyone under 16 years of age without the consent of a parent or guardian.
We reserve the right to disclose any information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.
This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site may be filed:
The section titles in this Policy are for convenience only and have no legal or contractual effect. The Site, the Learning Site, the Forum, and any third-party services they use, may be subject to additional terms and conditions regarding privacy and use of information. Your use of the Site and the Forum is subject to those terms and conditions, which are incorporated into this Policy by reference. In the event of an inconsistency between this Policy and any additional posted conditions, the provisions of the additional conditions shall control.
We may need to change the Policy from time to time in order to address new issues and to reflect changes on the Site or in the law. We reserve the right to revise or make any changes to the Policy, and your continued use of the Site subsequent to any changes to this Policy will mean that you agree to and accept such changes. You can tell if the Policy has been updated by checking the last revised date posted on the top of this page. Historic versions can be obtained by contacting us at firstname.lastname@example.org.
You can also access, remove, update or correct your information, and raise any questions or concerns regarding the Site or the Policy, by emailing email@example.com, or mailing:
Namati Data Protection Officer
1616 P Street NW, Suite 101
Washington, DC 20036, USA
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it has an impact on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you live in an EEA Member State, all of which have adopted the EU GDPR and national , you have a right to lodge a complaint with your relevant supervisory authority about this policy and its application. The European Commission has a list of EU national data protection authorities here:
If you live in the United Kingdom, you have a right to lodge a complaint with your relevant supervisory authority, the ICO, about this policy and its application:
The Policy was updated in July 2022 to comply with the General Data Protection Regulations.