Sumit Sharma Subham Bansal Deepika Tyagi Surbhi Gupta Raj shekhar Kuntal Panja Akansha Bhatnagar

When I saw the leaves on the trees curl and turn black and birds fall dead out of the sky, I knew that this was Death, come among us as foretold. My regret is that I survived. - An anonymous worker at the plant

Background
1970s:
-Indian Government invites UCC(Union Carbide Corporation) to set up Sevin plant
- Plant built in Bhopal to central location and transport Infrastructure - Indian Government has 22% stake in UCIL (UCCs India Subsidary) -Plant initially approved for formulation only (built in area zoned for light industrial use) -Forced to sell of business after business in order to maintain its core operation, Union Carbide was eventually sold to The Dow Chemical Company in 1999, marking the sad end of a chemical industry pioneer -Competition forces backward integration. MIC manufactured at Bhopal site.

Methyl Isocyanate (MIC)

-Clear, colourless, b.p. 39oC, odour threshold 2.1 ppm Effects of 0.4 ppm: - Coughing - Chest pain - Breathing pain (dyspnea) - Asthma - Eye irritation -Nose, throat, skin damage Effects of 21 ppm: - Lung Oedema - Emphysema (damage of lung tissue) - hemorrhaging - bronchial pneumonia -Death

40,000 kg were released in Bhopal on 3rd December 1984.

What went wrong on the night of 2-3 December, 1984?

NONE of the safety systems designed to prevent a leak - six in all - were operational on THAT NIGHT: 1. Flare Tower (disconnected) 2. Vent Gas Scrubber (out of caustic soda and inadequate for unsafe volume of gas) 3. Water Curtain (not functional; designed with inadequate height) 4. Pressure Valve (leaking) 5. Run Off Tank (already contained MIC) 6. Mandatory Refrigeration for MIC Unit (shut down for 3 months to save money)

Worst industrial disaster in history

2,000 people died on immediate aftermath Another 13,000 died in next fifteen years 10-15 persons dying every month 520,000 diagnosed chemicals in blood causing different health complications 120,000 people still suffering from Cancer Tuberculosis Partial or complete blindness, Post traumatic stress disorders, Menstrual irregularities Rise in spontaneous abortion and still birth

Causes given by Management

However, neither is a root cause.

The root causes were management decisions

A History of Massacre....
Union Carbide started out as a carbon company in 1886 and diversified to gases and chemicals during World War I. From the Manhattan project of World War II, until it relinquished its contract in 1984, Union Carbide was a contractor to the US federal government's nuclear weapons production. Before Bhopal, Union Carbide Corporation caused the largest industrial disaster in the US. In the construction of the Hawk's Nest Tunnel in West Virginia in 1934 nearly 2000 company workers, most of them black, died of Silicosis - an occupational disease caused by hazardous working conditions.

At the Cimanggis plant in Indonesia at one point in 1978, 402 employees (more than half the work force of 750), were suffering from kidney diseases attributable to workplace contamination according to the company's doctor Dr.Maizar Syafei.

She was asked by the company not to tell the workers that there was mercury in their drinking water or else the workers "would become anxious."

Obsessed with the Bottomline

As part of UCC's economy drive, the management at the Bhopal plant had switched off the refrigeration unit to save about Rs.700 (US $50) per day. Had the refrigeration unit been working, a runaway reaction in the MIC tank could've been delayed or prevented. Experts prescribed fortnightly inspection of plants dealing with corrosive chemicals such as MIC. At Carbide's Bhopal plant, inspections were rare and replacements often not made for up to 2 years. Also included in the cost cutting measures was the reduction in the workforce in the Bhopal factory brought down by half from 1980-84.

 The work crew for the MIC plant was cut by half from 12 to 6 workers, the maintenance crew in the same plant reduced from 6 to 2 workers. In the control room, there was only 1 operator who was expected to monitor 70-odd panels, indicators and controllers on the console. The period of safety training to workers in MIC plant was brought down from 6 months to 15 days.

Double Standards at West Virginia, US All the vital systems at US plant had back-ups and were automatically linked to computerised alarms and crises control systems. The Bhopal plant not only lacked all the above but the sole manual alarm was also switched off so as not to 'unduly' alarm people. Over the Limit All over Europe the maximum permissible storage limit for MIC was half a ton. At the Bhopal plant, the US company's management overrode the wishes of the managers of its Indian subsidiary and kept the storage capacity hazardously high at over 90 tons. On the night of the disaster, 67 tons of MIC were stored in two tanks.

Alarmed Management
The first time the management of the Carbide plant came to know about the leak was at 11:00 pm. The factory alarm meant for workers was started by a desperate worker at 12:50 pm. The management not only turned it off within minutes but also delayed the sounding of the public siren until as late as 2:00pm by which time all the gas that could leak had leaked.

Price of a life
The first suit filed by Melvin Belli claimed damages upto $15 billion. Later the Indian Government arrogating itself the sole power to represent all the victims, filed a suit for upwards of $3 billion. 4 years after filing the suit and without informing the victims, the government settled for a sum of $470 million, nearly one-seventh of the original claim.

Long History of Violation

Union Carbide is the first company in the US to violate laws relating to providing information on chemicals used in a facility. The company claimed Trade Secrecy Protection in refusing to identify one of the key chemicals used in its plant at Henderson, Kentucky. Using the same cover, UCC continues to withhold vital information about the exact nature and composition of the leaked gases and its effects on the human system. After 15 years, this is still one of the prime reasons for the absence of a proper line of medical care for the victims.

Highly Confidential
In May 1982 the Safety Audit team which reported directly to the UCC headquarters in Danbury, stated in the inspection report of the Bhopal plant that there were "a total of 61 hazards, 30 of them major and 11 of them in the dangerous Phosgene/Methy Isocyanate units." This report was marked Business Confidential and only senior officials were privy to its contents. The company was also forewarned of the possibility of a runaway reaction involving a MIC storage tank 3 months prior to the Bhopal leak by its Safety and Health Inspectors based in Institute W.Virginia. Had the warnings in this report be heeded and the suggested action plan implemented, the Bhopal disaster could've been averted. Union Carbide did not send the report to the Bhopal plant.

Buying 'Experts
Within the first week of the disaster 4 'medical experts' came to Bhopal on a visit sponsored by UCC. In their interviews to the media, they stated that the leaked gases would not have any long term health effects on the exposed population. This was in sharp contrast to the subsequent research findings. One of these experts was Brian Ballyentine, who was also a toxicologist for the Pentagon. Another expert, Dr Hans Weil, Prof. and Chairman of Pulmonary Medicine at the Tulane University Medical School, New Orleans, has a history of fudging medical data to minimize liabilities of Corporations (a prime example being that of Johns Manville Inc. in the Asbestosis case), and had been reprimanded in the past by a US court for his unethical conduct. He examined victims in Bhopal and said "they have an encouraging prognosis and most would recover fully."

A Major Cover Up
After the disaster Dr. Max Daunderer, a toxicologist from Munich, demonstrated the efficacy of intravenous sodium thiosulphate injections in detoxifying the exposed persons and providing substantial relief in symptoms. Through helpful government officials, UC succeeded in undermining official attempts for large scale administration of sodium thiosulphate. The company was quick to realise that the administration of this drug would establish that its toxins had indeed reached the bloodstream and caused much more damage than the company would like people to believe.

UCC: settlement "fair and reasonable

In fact, it had escaped extremely lightly. The settlement was but a 7th of the $3.3 billion that the Indian govt. had been demanding and less than a 10th of the $5 billion court award against Exon Valdez for polluting the Alaskan coast. $200 million of the settlement was covered by UCC's insurance and another $200 million had already been put aside. Out of an annual revenue of $8 billion a year, the corporation had to find just $70 million to close the books on the worst industrial disaster in history.

Homicide
On Dec. 7th 1984, Warren Anderson, Chairman UCC, and other Indian officials were arrested on charges of culpable homicide, criminal conspiracy and other serious offences. The arrested officials were lodged in the posh guest house of Union Carbide and Warren Anderson with an annual salary of Rs.10 million, was released on the same day on a bail of Rs.25,000. Summons from the Bhopal court drew no response from him and in January 1992 proclamations were published in Washington Post directing Anderson to face trial in the Bhopal court. In March 1992 the Chief Judicial Magistrate issued a non-bailable arrest warrant against Warren Anderson. He continues to abscond criminal justice.

Just wash with water

On the night of the disaster when people poured into hospitals by thousands, their eyes and lungs in burning choking agony, and urine and faeces running down their legs, the doctors called up the Plant Medical Officer to find out what they ought to do. They were told that the gas is like tear gas. "Just wash with water. the Works Manager and Director of Health, Safety and Environmental Affairs, UCC, continued to refer to the poisonous chemicals as "nothing more than a potent tear gas. Operation Faith There were about 15 tons of MIC left behind in the tank after the leak. Starting on Dec. 16th 1984, Union Carbide, with the help of the State Government, began utilising this MIC for production . As a result of this decision, over 400,000 people left the city in a panic and many stayed away for over a month.

Death and Disease

8000 people died in the immediate aftermath of the disaster. After 16 years, the death toll has risen to over 20,000 and even in the 17th year, 10-15 people are dying every month from exposurerelated diseases and their complications. Over 120,000 children, men and women continue to suffer acutely from a host of exposure related illnesses and their complications.

Damage to the respiratory system has led to the prevalence of pulmonary tuberculosis which has been found to be more than three times the national average.

 In the years following the disaster, the stillbirth rate was three times, perinatal mortality was two times and neonatal mortality was one and a half times more than the comparative national figures.

According to a study by Dr. Daya Varma, Mcgill University, Canada, 40% of the women pregnant at the time of the disaster aborted. Another study reported nearly five times increase in the rate of spontaneous abortion as a result of the Union Carbide disaster.

Aftermath continues .
Carbide is still killing in Bhopal. The chemicals in and around their Bhopal factory have contaminated the drinking water of 20,000 people. - 20,000 times permissible amount of mercury - 50 times permissible amount of trichloroethane

Testing published in a 2002 report revealed poisons such as 1,3,5 trichlorobenzene, dichloromethane, chloroform, lead and mercury in the breast milk of nursing woman living near the factory. UCIL Bhopal site not remediated Plant still leaks toxic chemicals

Steps taken till now

Immediate Aftermath
UCC tries to shift blame on UCIL, sabotage etc UCC refuses to provide chemical composition of gas or suggest proper medical treatment Multi-billion dollar lawsuit filed in US courts by American attorneys (Dec 7) 1985: Bhopal Gas Leak Disaster Act GOI set up as sole representative of Bhopal victims All cases transferred from US courts to Indian court

Continues
1989:
UCC accepts moral responsibility and settles out of court for $470 million (of the original $3 billion)UCC provides $2 million for immediate relief UCC provides immediate and continuous medical personnel and equipment Provides technical expertise to aid analysis of disaster U.S. Supreme court denies right of Bhopal victims for file further suits Madhya Pradesh State Govt assumes responsibility for remediation (1998)

Continues
1991:

Bhopal victims file suit to overturn the 1989 settlement Supreme Court rules 1989 settlement final Reinstates criminal cases against UCC, its CEO Warren Anderson, and other officials.

Legal proceedings
March 1985: Indian Parliament passes Bhopal Gas Leak Disaster Act authorizing government to solely represent Indian plaintiffs in India Armed with this power, the Government of India filed its expected suit for compensation and damages against Union Carbide in the United States District Court for the Southern District of New York.

In the first pre trial hearing in the consolidated Bhopal litigation in US federal courts, John F Keenan, asked Carbide as a matter of fundamental human decency to provide an interim relief payment of $5 - 10 million. Carbide agreed to provide $5 million for this purpose, provided a satisfactory plan of distribution and accounting of the funds was devised. Finally in November 1985-agreement reached - money would be channelled through the American Red Cross to the Indian Red Cross

 On December 17, 1987, Judge Deo passed a significant order directing Union Carbide to pay Rs. 350 crores as interim relief. On April 4, Justice S. K. Seth of the High Court reduced the interim compensation to Rs. 250 crores and it was that order against which Union Carbide had come in appeal to the Supreme Court.

February 14, 1989 the Supreme Court directed Union Carbide to pay up US $ 470 million in "full and final settlement" of all claims, rights

 The Bhopal Gas disaster, which left thousands of people dead and 6,00,000 injured, was settled for a mere US $ 470 million - which works out to around Rs. 10,000 per victim In the same year, an article in the Times of India stated that approximately US $ 40,000 was spent on the rehabilitation of every sea otter affected by the Alaska oil spill Each sea otter was given rations of lobsters costing US $ 500/day. So life of an Indian citizen in Bhopal was clearly much cheaper than that of a sea otter in America.

Marked down lives

Union Carbide and eight other companies paid US $ 4.2 billion as potential damages for Silicone Breast Implants to 650,000 claimants. This amount was 9 times more than what the Bhopal victims were given. A quick look at the Indian Railways schedule for compensation (Death Rs.2,00,000 and a minimum of 40,000 for bodily injury), sharply contradicts Union Carbide's claims that the compensation was "more than generous by Indian standards. "

On part of the Government

Government officials refused to recognize the plant as hazardous and allowed it to come up in a populated locality. When some municipal officials in Bhopal objected that the installation of an MIC production unit in 1978 was a safety violation, the position of the government was that the state needs the continued investment of the Bhopal plant, which provides jobs. W.Anderson was arrested but promptly released on orders of the Government

 He was given a government plane to fly him to Delhi and then allowed to fly back to the USA Supreme court later on watered down the charges against all accused from 302 to 304 IPC (causing grievous hurt and the maximum punishment is only 2 years rigorous imprisonment) The Supreme Court judges who gave this verdict including Justice AM Ahmadi all got proper thank you notes and were well rehabilitated after they retired.

 Judgement delivered by a lower court on the Bhopal gas tragedy has shown past governments as well as the Indian judiciary in very poor and unsavoury light. After cross-examining 178 witnesses and browsing through 3,000 documents, the Chief Judicial Magistrate found eight people guilty and sentenced them to two years of imprisonment and a fine of Rs 25,000 As they were charged under a bailable offence, all the accused were promptly allowed to go scot-free.

The Indian Government Must:

Set up a National Commission on Bhopal with the participation of non-government doctors and scientists and representatives of survivors Take immediate steps to send an amended request for extradition of Warren Anderson and for extradition of the authorized representative of the Union Carbide Corporation. Set up a special prosecution cell in the Central Bureau of Investigation to expedite the pending criminal case against the Indian subsidiary and Indian officials of Union Carbide.

 Ensure Dows liability for on-site and off-site cleanup and payment of compensation for damage to health and property. Submit an amicus brief in US court in support in support of the plaintiffs. Set up a panel of scientists for independent and expert assessment of soil and groundwater contamination. Declare December 3rd as a National Day of Mourning for the victims of industrial disasters. The disaster in Bhopal must be made part of textbooks in school and university education in the country.

The State Government of Madhya Pradesh Must:

Supply safe drinking water through Kolar Pipeline in communities affected by Union Carbides contamination. Not send chemical wastes from the Union Carbide factory for landfilling or for incineration. Ensure free treatment of patients from communities affected by ground water contamination and persons born to exposed parents in gas rahat hospitals. Not build a memorial without proper cleanup of the Union Carbide factory site. Present a White Paper on expenditures made, programs carried out and results obtained in the last twenty years with regard to the relief and rehabilitation of the survivors.

1-6 Sumit 7- 10 raj 11-15 Subham 16-20 Akansha 21-24 Surbhi 25-31 deepika 32-37 Kuntal