Bhopal gas (MIC, methyl isocyanate) leak happened 1984, 26 years ago. About three thousand died almost instantly and 15 more thousand had a slow death – delayed victims of the gas inhalation. Another 20 thousand suffered grievous injuries- mental trauma, physical disability - which crippled them for life. How the governments at the Centre and in Madhya Pradesh responded to this tragedy is a study in mis-governance or incompetence, may be worse, collusion.
Warren Anderson, the chief Union Carbide Corporation, which held 50.9 percent stake in the Indian subsidiary was fully responsible for the Bhopal factory, was given a safe passage. His company in USA did not take proper precaution even after a couple of workers died due to small leakage. His arrest was done by local police but his release was instant after the president of USA talked to the PM of India. He was flown in the state aircraft to Delhi and allowed to go out of Indian jurisdiction. The state/central governments reduced the gravity of the crime by making it crime of negligence rather than a crime of culpable homicide not amounting to murder. Compensation amount was reduced from $ 3.3 billion to $ 470 million. After 26 years delay, the verdict comes out – eight accused, including one deceased, get two years jail and then all were granted bail. Victims still suffer and have received no justice.
This is not just a case of justice delayed but justice distorted and justice totally denied. Why Andersen was given safe passage? Why the gravity of the tragedy minimized? Why the compensation amount was reduced? Why the compensation amount was not distributed properly and in time ? Why the case was not conducted on a daily basis to expedite it? Why a special court was not constituted ? There are a number of culprits in this mis-carriage of justice and the chief among them are: Arjun Singh, the then chief minister of Madhya Pradesh and Rajiv Gandhi, the then prime minister of India.
As far as the crime itself, it is the Union Carbide Corporation of USA is fully responsible. Why all the gas was in a tank rather than in small cylinders as in the countries? Why the authorities were not given information about lethal gas and how it could be tackled if some leakage happened? Why it did not take the full responsibility for compensation and dispose of the gas and its residue still in the factory? Who is responsible for the pollution of water and soil of Bhopal surrounding the factory, and their remediation? Where is the corporate social responsibility?
Why the US government did not allow the Indian law to punish the US corporation and its top management? Why the US government is reluctant to extradite Anderson? The least it could do is to prevail upon Union Carbide to compensate the victims properly and take remedial measures to restore soil and water around the factory. President of USA has prevailed upon BP to bear the cost of oil spill in the Gulf of Mexico with a fund of $20 billion. He has do the same with Dow Chemicals which has taken over the Union Carbide. Will he provide the moral leadership to the world or simply ignore the moral question?
There has to be a proper investigation of the circumstances of the leakage and the delay in providing relief to the victims and punishing the perpetrators of the crime. This is a human rights issue as well.It is never too late. It is time India cleans up its act and the US provide all the assistance it requires.
June 24,2010.
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