towed for 26 years?
Bhopal tragedy and the process under way to undo neglect and injustice to victims’ plight for the past 26 years; also explains on the impact of Bhopal in the proposed civil Nuclear Liability Bill.
( Prof. Madan Menon Thottasseri)
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Actually it was a co-incidence that the timing of the proposed Nuclear Liability Bill being submitted to the Standing Committee on Science and Technology, at a time when the Bhopal verdict bombed the nation disappointing the people. The court verdict will naturally influence the mindset of even a common man who cannot differentiate between a nuclear disaster and just an industrial disaster as both can kill or endanger life of the people. It will be appropriate to take note of the deficiencies in law to plug holes that dilute the obligations and responsibilities of equipment suppliers to nuclear stations or industries whether they are domestic companies or MNCs from abroad.
Bhopal tragedy and the process under way to undo neglect and injustice to victims’ plight for the past 26 years; also explains on the impact of Bhopal in the proposed civil Nuclear Liability Bill.
( Prof. Madan Menon Thottasseri)
___________________________________________________________________
Actually it was a co-incidence that the timing of the proposed Nuclear Liability Bill being submitted to the Standing Committee on Science and Technology, at a time when the Bhopal verdict bombed the nation disappointing the people. The court verdict will naturally influence the mindset of even a common man who cannot differentiate between a nuclear disaster and just an industrial disaster as both can kill or endanger life of the people. It will be appropriate to take note of the deficiencies in law to plug holes that dilute the obligations and responsibilities of equipment suppliers to nuclear stations or industries whether they are domestic companies or MNCs from abroad.
The verdict on the Bhopal gas tragedy could bring back intensity into the apprehension on industrial disasters that may have to encounter while the GOI is steering the nation to leap forward in industrial development. It was depicted openly by the statements of Minister of Law - Veerappa Moily immediately after the verdict which confirmed that the elements of investigation, liability, compensation and punishment are to be specifically thrust into the proposed Civil Nuclear Liability Bill.
The interpretation of Law had happened at the Court when the case booked by CBI under Sec.304 of IPC finally distorted into Sec.304A, thus relaxing the gravity of offences giving only two years’ imprisonment virtually extinguishing the criminal offences. But the question unanswered is that why the judiciary wanted to ignore Warren Anderson, then Chairman of UCC (Union Carbide Corporation) of U.S who was apparently at large after leaving from India. when he came down to Bhopal after the tragedy of gas leak, though he was arrested he was let off and allowed to leave India on the condition that he will be available as and when required.
The Law Minister’s concern on this issue may be apolitical but must be aware that the adverse impact of the court verdict will become as a setback for the UPA’s GOI. This had prompted him to declare that the case against Warren Anderson, the proclaimed offender is still on.
The MEA started just catching up with his concern and plan for the extradition of Warren Anderson. Instead of wasting the valuable time and money for interaction with U.S regime, India should gracefully ignore the octogenarian executive who is officially still on the loose, and look forward with a concerted vision to stop reoccurrence of Bhopal type of industrial disasters.
The Bhopal disaster had killed thousands instantly as well as slowly during the past two and half decades due to the chronic illnesses. More than 500,000 people were affected by gas-related diseases. The cry of villagers to the Michigan-based Dow Chemical, the company that bought UCC to clean up the soil and underground water at the factory site and the surrounding shanties, which were contaminated with carcinogenic chemicals such as benzene and mercury, had fallen into deaf ears. Many unfortunate families in the surrounding villages continue to suffer from chronic illnesses such as poor eyesight and respiratory and gynecological problems. What is the remedy for their plight? GOI must come out with a white paper on this episode of the tragedy and its course of action to support them.
Due to changing global scenario on the backdrop of the recent economic slow-down and resource crunch, manufacturing has to be shifted to developing nations at a very higher scale than he past. The west will be pleased to move out majority of “DIRTY, DANGEROUS and DIFFICULT” (DDD) manufacturing processes. The western corporate may have to find new partners as did in South East Asia until such time the situation in the developing economies improves. It will be natural that investment will move towards nations where cost of production will be lowest but having potential for a reasonable domestic market. In general, India is supposed to stand ahead of China for reaping maximum projects from the west mainly on account of our experience to deal with “DDD” industries while simultaneously having a huge internal market for products from this line of industries. It is highly imperative that India passes legislations to prevent occurrence of industrial disasters with Liability clauses wherein the law cannot be open to any kind of misinterpretation.
It is very appropriate that the Law Minister had said that “We could even think of a stand-alone legislation so that this kind of offence won't be committed again,” referring the recent court verdict on Bhopal disaster adding that the law should be such that it is “not open to interpretation.”The Bhopal verdict must remind the nation a biggest catastrophe ever had in the world an industrial disaster can bring and this must serve as a caution while the nation is going ahead with many ambitious projects.
The verdict on the gas tragedy has given a new impetus to the controversial Nuclear Liability Bill which has become a centre of attention now. The proposed Bill still pending before the Parliamentary Standing Committee was mainly opposed for capping of Rs.500 crores in respect of compensation payable by the operator in the event of any unfortunate accident. In the last month the Finance Minister Pranab Mukharjee had expressed his judicious admonition in reply to the apprehension of opposition to the Bill stating that the capping of Liability may be a setback for India, but GOI may propose to empower itself to raise or lower the “LIABILTY” upon factoring into the extent of risks or threats connected with a nuclear installation, wherein if the amount of liability is lowered, it shall not be less than Rs.100 crores! He had not encouraged Opposition M.Ps to speak on the merits of the Bill at the introduction stage. The amendment of Sec.6 of the Bill had proposed that the GOI may review the amount of liability periodically and may even increase if necessary by issuing orders under the Act.
Earlier the GOI had proposed deletion of subsection (b) of Section 17 of the existing Bill which states: “Operator of a nuclear installation shall have a right of recourse where, the nuclear incident has resulted from the willful act or gross negligence on the part of the Supplier of the material, equipment or services, or of his employee”. The proposed amended version “will have right to recourse only if such right is expressly provided for in a contract in writing” will be incorporated in the Bill. Thus the In other words, the onus will be on the Operator (meaning the government) to ensure a foolproof commercial agreement with the supplier, failing which it would have to solely bear the burden of compensation in the event of a nuclear incident. The amendment may be construed to be on the behest of the U.S administration. Whatever it may be the DAE had come out and declared that the so called amendment was only a part of an internal note that was not meant for circulation but was circulated before the Standing Committee on Science and Technology by mistake. Thus the amendment draft gets withdrawn.
If Sreekumar Banerjee, the Secretary of Dept. Of Atomic Energy had informally circulated the note (for Amendment) when he deposed before the Standing Committee that the GOI has no intention to open the A.E to private sector. If he has the authority and propriety to propose an amendment let the Ministry articulate on the same, if otherwise take action against him immediately.
There will a relief that the Bill will have provisions wherein victims can apply the option to put forth legal proceedings in a court of law if not satisfied with the compensation package decided by the Nuclear Damage Claims Commission.
India needs Nuclear Plants and while getting supplies from anywhere even from domestic companies, there must be specific rules and regulations to ensure adequate compensation in the event of an unfortunate accident. Of course we can even get an adequate insurance coverage against any perils as well. All nuclear power nations have enacted laws on Nuclear Liability. We can incorporate certain unique clauses so as to match our environments but cannot deviate from the basic frame-work followed by all nations. Opposition leaders like Prakash Karat may know that even our industry bodies like FICCI, CII are not prepared to prompt our domestic suppliers to give an emphasis on the latest technological developments at par with the global standards and take the responsibility to ensure accident-free installations. Instead, they too have advocated for Amendment [deleting the Clause17 (b)]. Because the guardians of our industries have apprehensions on the said Liability Bill that may turn against the interests of our own domestic suppliers of equipments or bought-out items to nuclear plants in the native country. Thus obviously there may be certain vested interests from overseas not to mention the nation which supply majority of critical equipments to our nuclear plants, to dilute the clauses of strict stipulations and obligations in the Liability Bill. These impediments can be overcome only through diplomacy. We cannot work and survive in this world by getting isolated! Prakash Karat should not have advocated for scrapping the Bill. India must have the Nuclear Liability Bill.
We must have fresh laws for other Non-Nuclear disasters too. Let the Bhopal tragedy be the one and only.
The controversy on the non-mentioning of Warren Anderson, the then Chairman and CEO of UCC in the recent court verdict on the Bhopal tragedy will continue to manipulate the predicaments of common people of this democracy and will haunt the socio-political and judicial establishments to a greater extent.
He went absconding despite the international media had documented his lavish way of life in the suburban New York. The current court verdict became a tall story as it forgot to even mention about his non-availability for the trial. It is desirable that our MEA drops the emotional idea of seeking an extradition request to U.S which will rather disturb the present encouraging relationship with Washington knowing that the U.S. government had virtually ruled out any fresh review of the investigation into the Bhopal disaster happened in 1984, and in particular had refused to discuss the extradition of Warren Anderson, the then CEO of the UCC to India.
U.S regime is already disheveled due to a similar situation due to the present Oil spill in the Gulf of Mexico which had instigated a series of issues, political maneuverings and threat of environmental catastrophe etc. It is a different storey that U.S may be contemplating to summon even the CEO of British Petroleum before an enquiry commission.
The U.S based parent Company UCC was very keen on keeping aloof from the Indian Subsidiary. It had agreed for a reasonably modest compensation of US$ 470 million as per the deal in 1989 on the condition that it would construct a hospital upon the sales proceeds while disposing of Indian operations in 1992. I have no idea whether the hospital is built or not even after it’s takes over by DOW CHEMICALS in the year 2001 from the Indian Subsidiary.
Countries like China and India have a host of domestic companies and Mines wherein the employees are subjected to very dreadful working environments which are prone to accidents of all nature at any time. Multinationals generally run factories with higher standards of technical functioning and managerial performance than domestic companies in the similar or same line of industries. CEOs of MNCs become scapegoats for no direct fault of theirs, but for the sum total of negligence and infighting by employees in locations across oceans, far away from the Corporate Office.
The compensation paid by UCC may be measly and the then CEO may still be at large. Both these information will be more than enough to stir the anti-MNC sentiments of the indigenous population by the political mafia. An incident in one country will get reflected in neighboring countries as well. But of course, in the event of an unprecedented and unfortunate accident, MNCs will know the modus operandi to play safe with the support of political diplomacy from its country of Origin.
Probably in the case of the ‘safe passage’ given to Warren Anderson may be based on the assurance given to U.S prior to his landing in India purportedly to mourn the tragedy then. The then Foreign Secretary M.K.Rasgotra or leaders of our political battalions who blabber on the issue are very much aware of the coercion GOI would have encountered in mid eighties when the nation was passing through tough weather after the tragic assassination of Indira Gandhi, the then Prime Minister. It was a phase wherein the foreign-exchange was completely exhausted, resource-crunch had dismantled foreign-trade, foreign investment flow was stand-still and the global importers were moving away from India towards green pastures in South-East Asia. If a CEO of an MNC in U.S.A was detained knowingly that the case will be hauled for an infinite legal tangle, probably India and it’s economy would have crumbled within a couple of months. The Opposition can put forth the discontent on the incidence, but it should not interpret developments so as to pinpoint all accusations against the former Prime Minister Rajeev Gandhi.
Congress party may have to find a scapegoat blindly following precedent of similar much number of thwarting situations. It could not ignore the statement of the then U.S Deputy Chief of Mission- Gorden Streeb that Warren Anderson did fly to India only upon getting assurance of an immediate safe return, though it may not be authentic.
Taking into account the economic status and challenging need for maintaining the best of relationship with U.S then, it will not be just a hypothetical comment if I say that Warren Anderson after visiting the affected Plant and the surroundings would have given some formal condolences or promises to Press and exchanged pleasantries with close friends in industry and government, and would have safely returned back to U.S even if the disaster had happened elsewhere in Asia, Africa or Latin America where UCC had locations.
Narasimha Rao, the then Home Minister is no more and Arjun Sigh, the then Chief Minister Of Madhya Pradesh will know how manage the show. The ruling Congress did do all sort of maneuverings and overcome the adverse situation. But I am of opinion that people like M.K.Rasgotra, Godren Streeb should know that if they have played their roles for respective countries with integrity and work ethics , let it be at times even against conscience , then they should not have made sarcastic comments on the incident after a long 26 years which had discounted their own prestige.
Finally, The GOI decided to constitute a GoM (Group of Ministers) to give a report on the Bhopal tragedy and submit a report to the Prime Minister. P.Chidambaram , head of GoM is to complimented for coming out with a salvage package of Rs.1500 crores within just four days to bury the 26 years’ neglect of agony but without any clear vision on the issue of tying up UCC to be accountable for the gruesome tragedy.
Compulsions under popular politics favoured Congress to set out in a big way to refurbish the lost image and the GoM could somehow to do all intrigues for ensuring that the then Prime Minister Rajeev Gandhi who was In-Charge of the Ministry of External Affairs as well was unacquainted with any sort of preemptive assurances given to U.S that would have exonerated Warren Anderson from an arrest that saved him from any threat of incarceration, while visiting Bhopal for a formal mourning immediately after the calamity.
In a way it was great honour to ‘The Hindu’ and the Correspondent Late G,K,Reddy while the GoM referred the news report of the legendary journalist in respect of Rajeev Gandhi’s electioneering at elsewhere at a time when the gas-leak had spread odors in power corridors of New Delhi and Bhopal too to take muted decisions favouring U.S which enabled a great escape to warren Anderson.
The proposal to increase the ‘victim compensation’ wherein it will be Rs.10 lakh to the kith and kin of dead, Rs.5 lakh for the permanently disabled and Rs.3 lakh for partially disabled which would have helped to cool down the acrimony of the local population in Bhopal to some extent.
The burying of the toxic waste in Caverns will be as challenging as the collection and stuffing and the recommendation for a global tender will be pertinent but again it should not lead to another disaster if not done fittingly. The government should not spare any endeavor to pursue the case against the Michigan based Dow Chemicals in the Jabalpur High Court for not complying with the condition of clean-up operation and successfully recover cost.
The panel recommendation to the takeover of BMHRC (Bhopal Memorial Hospital & Research Centre) jointly by Dept. of Biotechnology and the TMH (Tata Memorial Hospital, exclusively handling Cancer Patients) is fine. If the said BMHRC was originally established after the disaster with the direct or indirect support of UCC as agreed to do with the sales proceeds of the factory, then it is to be complemented for the same. Further Bhopal is getting a new Centre of the ICMR (Indian Council for Medical Research).
Though Congress and GOI would have gained some relief upon the submission of the road map to address Bhopal disaster by the GoM, a very crucial issue is still dormant which will be the issue of fresh request, to put forth with U.S for the extradition of Warren Anderson to India for trial. Congress has to find a way out on the argument of the Opposition, focusing on the exclusion of Warren Anderson, the then Chairman and CEO of UCC from the trial and the subsequent court verdict that completely vindicated him from the Bhopal tragedy. It is going to be an unresolved issue which will form as ammunition against the Party in future elections, from local bodies to Parliament. The discrepancy in the court verdict will be one of the prime points to highlight the negligence of the government and to persecute the average Indian electorate against the traditional rulers to the extent of showing fingers on the icon of the Party, the late Prime Minister Rajeev Gandhi for the incident. In fact there were infinite chances that a power-centre with immense lobbying bond with the then U.S President Ronald Regan’s regime might have played an upper-hand and even unperturbedly handled a deal out of it unknown to Prime Minister Rajeev Gandhi, as he was new to politics and Position, thus too young and inexperienced to be crooked or corrupt then!
The panel had recommended for filing of a curative petition in the Supreme Court against the 1996 Supreme Court judgment which diluted charges that undermined punishment to offenders. The critical point is to secure a rigorous sentence towards the guilty and all process involved for getting this done will be a challenge to the law of the land and the judicial system while Section 304 of IPC can be easily distorted into 304 A, leading to lessening the gravity of the crime.
Finance Minister Pranab Mukherjee who is a member of GoM will be attending the U.S-Indo CEO Forum summit in U.S commencing at Washington on June 22, 2010. Before we think whether the Minister will have any interface with Andrew Levis, CEO of Dow Chemicals, news are being flashed in TV channels stating that the CEO is skipping the summit due to previous commitments. Thus India will not be getting the chance to informally prevail on the MNC not to deviate from its commitments at Bhopal.
The CEO Forum with 12 selected CEOs from U.S and India co-chaired by David M. Cote, CEO of Honeywell , U.S.A and Ratan Tata, Chairman,Tata Group, India at each side have to initiate for a mutual stand and influence both Timothy Geithner, U.S Treasury Secretary and Pranab Mukherjee, Finance Minister of India to reach consensus in their bilateral meetings.
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