"REMEMBER BHOPAL"

20,000 KILLED 
170,000 SEVERELY AFFECTED
Bhopal Gas Tragedy - Dec. 2-3, 1984 

And you thought only weapons could cause mass destruction 

The Bhopal Gas Tragedy - 20 Years Later, A Continuing Disaster
- Tragedy Condemned and Remembered by

Ann Jomy Joseph

Dona Xavier
Deepak Paul
Deepak Cherothy
Julietta Samson
Job George
Linda Mathew
Reshmi Sebastian
Rohan Niravath
Thejas.K.R

What can we learn at the end of this struggle?

Firstly, the tragedy was caused by the synergy of the very worst of American and Indian
cultures. An American corporation cynically used a third world country to escape from the
increasingly strict safety standards imposed at home. Safety procedures were minimal and
neither the American owners nor the local management seemed to regard them as necessary.
When the disaster struck there was no disaster plan that could be set into action. Prompt action
by the local authorities could have saved many, if not most, of the victims. The immediate
response was marred by callous and cold-hearted indifference.

Secondly, we must acknowledge that the legal system failed the victims and then begin to
consider reforms. Our legal regime requires a radical reorientation. Given the so-called new
economic policy which welcomes investments in every conceivable sector, we will see the
emergence of multinationals in pursuit of cheap labour and markets. We need to introduce a
system of laws which will make them accountable for higher standards of safety. We also need
to see international treaties to enable the victims of any tragedy to sue these companies in the
country of the origin or in their own home countries. Multinationals operating in India, must
agree as a condition of doing business that they will submit to the jurisdiction of the Indian
courts both civil and criminal. They must agree to be responsible for the acts of their subsidiaries
and not disown them like rats leaving a sinking ship. They will need to play the game according
the rules that we choose best for our nation.

The attempt by the top management of the Union Carbide USA to shift all the blame for the
Bhopal tragedy out to the management of its Indian branch is highly churlish. At his press
conference in Connecticut Warren Anderson (President UCC) transferred the blame to India, and
stated, "It is their country, their company, their people". He completely ignored the fact that
the parent company owned more than 50% of the shares and thus retained the power of
management. It so appeared that UC was not only grossly negligent in the design, maintenance,
and operation of the plant but equally unsympathetic in its response to the accident. The Madhya
Pradesh government was all set to arrest Mr. Anderson, but was the Madhya Pradesh government
less guilty? Just as UC should have had the self-realisation to exercise the greatest care and take
the maximum precaution when it was dealing with chemical gases as lethal as they have proved
to be, it was the administrative duty of the state government to play its supervisory and
regulatory role with the utmost seriousness. The record shows that the state government has been
no less guilty of criminal negligence. The Prime Minister Rajiv Gandhi himself made a brief
appearance at the Hamidia Hospital in Bhopal and stayed just long enough to be photographed
before dashing off to resume his election campaign. They must accept as a binding rule absolute
liability for their hazardous activities. In addition, all victims of personal injury must have the
right to claim interim damages if they can show a prima facie case. India should consider
legalising the system of contingency peace. The sacrifice of the victims of the Bhopal tragedy
will have been in vain unless some of these changes can be introduced in the law.
The dead may not have been so unlucky after all. The end came horribly, but at least the
nightmare was brief. For those who survived the leak the release will not come so quickly.
Thousands of the seriously affected survivors still suffer such extensive lung damage that they
can no longer apply themselves physically and walking briskly even for a few minutes sends
them gasping to their knees. Women have peculiar gynaecological problems and are still giving
birth to deformed children. Though the need for more health care centres are increasing, the
funds provided by UC are grossly inadequate and are UC is reluctant to provide further finance
towards the 500 bed hospital for the victims at Bhopal.

The group of ministers (GOM) on Bhopal has re-looked at almost all aspects of the mishap.
However, it remains silent on the crucial question of the escape of Union Carbide Corporation
chief Warren Anderson in December 1984, within days of the disaster. It has recommended a
compensation of Rs10 lakh for the next of kin of the deceased, Rs5 lakh for those with
permanent disability, and Rs2 lakh for those with renal disease and cancer. As many as 30,000
persons would be covered under all these categories, and the total payout could be to the tune of
Rs1,500 crore. The revised compensation package is simply peanuts. It does not provide
anything for the bulk of the victims of this tragedy.