02 December 2009

25 Years of Unabated Trauma and Denied Justice at Bhopal


Quarter of a century has passed since the worst industrial tragedy this world has ever seen happened in Bhopal, Madhya Pradesh. On the fateful night of 2nd December 1984, the Union Carbide pesticide plant in Bhopal accidentally released methyl isocyanate (MIC) gas killing many and maiming many more. The remnants of the lethal gas can still be seen in the area and water in this area has been contaminated by the toxic wastes.

The official death toll of the Bhopal tragedy is 3,787, but human rights organisations say that actual toll is much higher than the official report. Some estimates even suggest that the number of people killed as a result of the gas leak within 72 hours would be around 8,000-10,000 and 25,000 have since died from gas related diseases. But since 1984, the victims of the tragedy are continuously striving hard for justice, which has evaded them all these 25 years. Warren Anderson, the Chairman and CEO of the Union Carbide at the time of the tragedy, is the “Accused number 1” and faces charges on many counts, including culpable homicide. Before the tragedy occurred, a team from Carbide had studied the condition of the plant and gave a report saying that the security condition of the gas plant is not up to the mark and noted some leaks to the valves and warned of an imminent danger. Mr. Anderson knew that the safety of the plant at Bhopal was far inferior to their plant at West Virginia, US, but still decided against taking measures to increase the security. Immediately after the tragedy he was placed under house arrest, but won release on a promise that he will return to India to stand in trial. Since then, neither Mr. Anderson nor Union Carbide has returned to India to stand trial. After his refusal to heed multiple summonses for trial, an Indian court declared him to be a fugitive from justice in 1992.

The traumatised condition of the victims of the tragedy has become bad to worse. The Indian government sued the company for $3 billion US dollars, but later settled to 15% of that amount. The survivors of the tragedy have been awarded a lifetime average compensation of Rs.25, 000, which is far below the international compensation standards. Even this paltry amount would reach the victims only after long years and after passing through the red tapes of the administration. Still worse, the victims would get the amount only after paying the “dues” to middlemen and touts. At the same time there is no compensation for people who were born with disabilities after the tragedy and for those who have been drinking the contaminated water for all these years.

Due to the unrelenting struggle by the victims of the tragedy and some social and human rights organisations, there have been some efforts in the administration’s side to give away the compensation for the victims. But such struggles haven’t been able to bring Warren Anderson to stand trial in India. The actions taken by the Indian government in doing this has been far from being optimum. In the month of August in 2001, the Attorney-General Soli Sorabjee advised the government against pursuing Mr. Anderson saying that it would be difficult for the Indian government to successfully extradite Anderson from the United States.

Though both the governments in the United States and in India have been less than interested in bringing justice to the people, the courts in India has effectively voiced their concern for the victims of the tragedy; the courts remain the only flicker of hope for the victims of the Bhopal gas tragedy. Various human rights organisations have been working closely with the victims in their struggle to get justice. Justice can be considered to be fully served only if Warren Anderson is made to stand trial in India and till then the struggle of the victims of the tragedy will go on.

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