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Posts Tagged ‘Union Carbide

There is no end to the tales of official bungling in the schemes prepared for providing assistance to the Bhopal gas affected people. After the disaster following the leak of MiC gas from Union Carbide Corporation’s pesticide plant in December 1984, a “step-up scheme” was started to provide training-cum-employment to the surviving victims. Under the scheme the affected people were to be given training in various vocations. They were then to be provided financial assistance to start their own business (75 per cent bank loan and 25 per cent government grant). The total number of beneficiaries: 263. Under another scheme, 3600 persons were to be trained in 40 vocations every year from 1990-91 to 1998-99. Only 4800 persons were trained when the scheme was stopped.

Then another programme of imparting vocational training to the affected people was started in 1986. Only 8,000 persons were given the training. But that also served no purpose, as the follow-up assistance was not provided to them for starting their own business.

On October 5, 1987, Union Minister of Industries J. Vengal Rao laid the foundation stone of a “special industrial area” where industrial units were to be set up for giving employment to the Bhopal gas victims exclusively. About 10,000 persons were to be given direct employment by early 1990 in the first phase; 170 worksheds for the first phase were constructed well on time.

The projects envisaged setting up of small and medium scale industrial units over a 21 hectare piece of land in the Govindpura Industrial Area of Bhopal for exclusive employment of the gas leak victims. The industrialists were to be invited for setting up their units in which heavy labour would not be required. The electronics industry and the diamond cutting industry were identified, to begin with, as suited to the requirement.

The government, on its part, had promised to provide to these units the incentives and facilities available to the industrial units in backward districts as a special case because Bhopal is not a backward district. These included grants to the extent of 15 per cent and sales tax exemption for seven years.

The scheme was abruptly abandoned. The sheds constructed for setting up industrial units for the gas affected people were allotted by the BJP government of Sunderlal Patwa as barracks to the Rapid Action Force (RAF).

Dr Heeresh Chandra, one of the country’s foremost forensic experts, was of the opinion that the US multinational Union Carbide Corporation (UCC)had experimented on the Indians some deadly chemical for use in a future biological warfare. Dr Chandra was involved in the investigations of post-mortem blood and tank residues. Phosgene and cyanide, the two most deadly chemicals, were also found in the blood of the victims, though these two chemicals had no business to be stored in the plant which was supposed to manufacture pesticides. (Phosgene was “effectively used as a combat gas during the First World War”. It is a severe irritant to the entire respiratory tract).

Dr Heeresh Chandra’s theory is supported by the findings of Swedish medical practitioner Ingrid Eckerman who was a member of the now-dissolved International Medical Commission on Bhopal (IMCB) and had been visiting Bhopal frequently in connection with her research. She says in her book, “Bhopal Saga: Causes and Consequences of the World’s Largest Industrial Disaster”: “according to reports seized from the Research and Development centre of the plant at Bhopal as well as documents traced from other offices of the firm, the (Union Carbide) Corporation had conducted a number of experiments on animals and plants, and was aware of the effects of MiC. It is likely that they had information not only on short-term effects, but also on medium and long-term effects”.

She says in her book: “a Research and Development unit was set up in Bhopal in 1976. The centre, the biggest in Asia, had five insect-rearing laboratories and a two-hectare experimental farm for testing chemical agents. Here, new molecules were synthesised and tested. It appeared that the UCIL (Union Carbide India Limited) was conducting (from 1975) field studies using new chemical agents without getting the projects cleared by the top-level committee where all collaborative research efforts should be screened from a security angle”.

She then refers to the reports about the presence of chemical warfare experts at Bhopal studying MiC’s effects (after the disaster). “For example, it is known that from the Pentagon, a medical doctor was sent to collect military intelligence regarding the effects of the leaked gases. From Sweden (her own country), two doctors were sent to make a report for the National Defence Research Institute”.

 

The successive governments at the Centre and in Madhya Pradesh have failed to stand up to the challenge posed by the world’s biggest industrial disaster that struck Bhopal in the night of December 2-3, 1984. Thousands were choked to death and lakhs of others were disabled for life by the mic gas which leaked from the pesticide factory of union carbide, an American multinational, which has since been taken over by another American multinational, Dow Chemical. Abdul Jabbar Khan, convener of the Bhopal Gas Peedith Mahila Udyog Sangathan (BGPMUS), and N D Jayaprakash, Co-convener of the Bhopal Gas Peedith Sangharsh Sahayog Samiti (BGPSSS), who have been trying to help the victims through their organisations, take a look at the state of affairs 29 years after the tragedy:

HEALTH: The gross indifference on the part of the State and Central Governments to the health needs of the gas victims continues to be as grim as ever. Though a fairly large infrastructure has been built in terms of buildings and number of hospital beds over the years, the quality of health care in terms of investigation, diagnosis and treatment continue to be abysmal. The persistent apathy on the part of the Indian Council of Medical Research (ICMR) and the State of Madhya Pradesh in monitoring the health status of the Bhopal gas victims – through computerisation and networking of hospital medical records and by ensuring the supply of health-booklets to each gas victim with his/her complete medical record – is shocking to say the least. That a proper protocol for treatment of each gas-related ailment has not been evolved even 29 years after the disaster speaks volumes about the apathetic attitude of the concerned authorities in this regard.

The urgency of restarting medical research arising from and related to the Bhopal disaster, which the ICMR had abandoned in 1994,  can in no way be underplayed especially in the light of numerous reports about the high morbidity rate in the gas-exposed areas of Bhopal. The four consolidated medical reports on the Bhopal disaster that the ICMR has published so far provide ample proof in this regard. Reports about genetic defects among the progenies of some of the gas victims are also a major cause for concern.

COMPENSATION: Twenty-one years after the unjust Bhopal Settlement of February 14-15, 1989, the Union of India had decided to file a curative petition before the Supreme Court on December 3, 2010 against the terms of the Settlement on the plea that the Settlement was based on underestimated figures of the dead and injured. The petition has been admitted but has not yet been taken up for hearing. BGPMUS and BGPSSS do support the UOI’s Curative Petition in principle regarding the total casualty figure (i.e., 5, 73,000, including dead and injured) and regarding the modalities for enhancing compensation; it should be based on the Dollar-Rupee exchange rate that prevailed at the time of the Settlement. 

CRIMINAL CASE: The criminal cases against the accused are supposedly proceeding at two levels: one against the three absconding accused and the other against the eight accused who appeared before the Chief Judicial Magistrate (CJM), Bhopal, to face trial. Through his order of June 7, 2010, the CJM had prosecuted the eight accused persons under Sections 304-A, 336, 337 and 338 of IPC. The CBI, the State of MP and BGPMUS and BGPSSS had filed Criminal Revision Petitions against the said order before the Sessions Court, Bhopal. By completely overlooking the plea of the prosecution and by upholding the contentions of the accused in toto, the Sessions Court, Bhopal, on August 28.2012 dismissed the CBI’s Criminal Revision Petition as “being not maintainable and barred by limitation”. The CBI had sought enhancement of charges against Keshub Mahindra and the seven other accused from Section 304-A to Section 304 of IPC on the basis of evidence already before the court of the CJM.

The criminal case against the three absconding accused, namely accused Nos.1, 10 and 11, which has been pending before the court of the CJM as Miscellaneous Judicial Case (MJC) No.91 of 1992 has also been proceeding at an equally tardy pace. 

ENVIRONMENTAL REMEDIATION: Toxic waste that was generated during UCIL’s operation from 1969 to 1984 was dumped in and around the plant leading to severe soil and water contamination. A comprehensive study to estimate the extent and gravity of the damage has not been carried out by the Centre or the State Government to date. Instead, the magnitude of the problem has been grossly underestimated by making it appear that the total toxic waste that needs to be safely disposed of is only about 345 tonnes that is stored at the plant site. in a preliminary study that was jointly carried out by the National Environmental Engineering Research Institute (NEERI), Nagpur, and the National Geophysical Research Institute (NGRI), Hyderabad, during 2009-2010, it was estimated that “the total quantum of contaminated soil requiring remediation amounts to 11,00,000 MT.

At the initiative of the Centre for Science and Environment (CSE), Delhi, a preliminary attempt was made in April 2013 to bring together on a common platform the various stakeholders and experts to prepare an Action Plan to remediate the degraded environment. While a draft Action Plan has been worked out, it requires further refinement as well as inputs from other experts and stakeholders, including the Government of Madhya Pradesh.

RELIEF & REHABILITATION: The State Government has failed to address adequately and with sensitivity a whole host of socio-economic problems that confront the chronically sick, the elderly, the differently abled, the widowed, and other vulnerable sections among the gas victims. The pittance, which was disbursed as compensation in most instances to these sections was never enough to take care of their daily needs. Finding gainful employment in accordance with the reduced capacity to work and to lead a dignified life has been a serious challenge. The State Government has to provide far more attention and support to this issue than in the past.

On December 3 falls the 28th anniversary of the Bhopal Gas Leak Disaster. The survivors and their sympathisers will observe the ritual, as they always have, of holding prayer meetings, taking out processions, shouting slogans against the authorities and burning the effigies of former Union Carbide chairman Warren Anderson.

The ritual over, these hapless survivors will return to their desultory life, hoping for some miracle that would make their living a little less miserable.  All they need is medicine, uncontaminated drinking water and some means of sustaining their life. They have spent all these years in the hope of this miracle. The governments at the Centre and in the State have made every effort to deny them these basic necessities —- the Central government which had, by an Act of Parliament, taken upon the role of the guardian of the families affected by the MiC gas leak from Union Carbide’s pesticide plant, and the State government which has the responsibility of implementing the projects aimed at providing succour to the survivors.

An important issue ignored by the authorities so far is why Union Carbide was using poison in its pesticide plant in Bhopal.

The presence of cyanide and phosgene in the blood of the victims and in the residue of the storage tank immediately after the disaster on December 2-3,1984 had puzzled the scientists because these two chemicals are not required to manufacture pesticides. While high concentration of hydrogen cyanide was found in air samples close to the tank two to three days after the leakage, phosgene was also smelt close to the tank during the release.

The vapour of hydrogen cyanide “may be followed by almost instantaneous collapse and cessation of respiration”. Cyanide can also accumulate in the body. Then the common symptoms are headache, dizziness, nausea and weakness. Less common are rash, increased sweating, dyspnoea, weight loss and irritability, besides, many other “unspecified symptoms”.

Phosgene was “effectively used as a combat gas during the First World War”. It is a severe irritant to the entire respiratory tract.

The Indian authorities did not even seek an explanation from the Union Carbide Corporation (UCC) about the presence of these two chemicals, as these were not required for making pesticides.

The Madhya Pradesh government has once again increased by one year the tenure of the Kochar Commission inquiring into various aspects of the Bhopal gas leak disaster of 1984. The Commission was constituted in August 2010. Its working in the last two years suggests only one thing: chief minister Shivraj Singh Chauhan wanted to oblige S L Kochar by providing him a sinecure for some favour done by him either as lawyer or a member of the judiciary.

The farcical June 7, 2010 judgement of the Bhopal Chief Judicial Magistrate (CJM) handed down to the disaster accused by treating them like VVIPs in the court and bailing them out in the same breath in which the two-year prison term was announced gave the wily Chauhan the idea of setting up the Commission for Kochar who was not even retired by then. The Commission started functioning nearly a year after the chief minister’s announcement to constitute it.

The terms of reference announced by the government were laudable enough: the commission was asked to inquire if the rules and regulations were complied with while setting up the Union Carbide plant, if adequate measures were taken by Union Carbide to prevent mishaps, and if adequate safety measures were installed by Union Carbide for the disposal of the hazardous waste after the 1984 disaster. More importantly, the Commission would inquire into the role of the State government (then headed by Arjun Singh) and others in the arrest, release and in providing safe passage to Union Carbide chairman Warren Anderson, and any other matter arising out of or incidental to these issues.

Had Kochar been honest about his assignment, he would have first tried to procure the documents collected by the first judicial commission which then chief minister Arjun Singh had constituted to assuage the worldwide outrage over the disaster. Once the public anger had subsided, the judicial commission was wound up. But in the eight or nine months that the commission was functional, it was said to have collected documents running into thousands of pages from various parties involved, including the statement of the Union Carbide India Limited (UCIL), the subsidiary of the Union Carbide Corporation (UCC), which was directly responsible for operating the pesticide plant in Bhopal.

Kochar did not even show the honesty to take up, at least so far, the first part of the terms of reference, that is, if the rules and regulations were complied with while setting up the Union Carbide plant and if adequate measures were taken by Union Carbide to prevent mishaps and also for the disposal of the hazardous waste. While the US courts have dealt at length with how the Union Carbide Corporation had chosen to opt for substandard safety measure for its Bhopal plant in contrast with the first class technology used at its Virginia plant, not much has been revealed about the compliance of rules and regulations in setting up the Bhopal plant. Kochar, it seems, was wary of antagonising some powerful politicians and bureaucrats who had gone out of their way to help the Union Carbide executives.

A senior bureaucrat (now retired) had, for instance, ordered removal of all factories and commercial activities including such as vehicle repair workshop, saw machines, and dairies from the Chhola area of Bhopal as it was strictly a residential area. The same bureaucrat in his dual capacity as the Director of Town and Country Planning and the Administrator of Bhopal Municipal Corporation had granted special permission, in July 1973, to Union Carbide to set up in the same area the pesticide plant which was the source of the havoc in 1984. The bureaucrat, once virtually the hatchet man of Arjun Singh, is now considered close to the BJP and RSS leaders.

The Commission has only been wasting its time in the Warren Anderson saga about which hardly any new fact is likely to emerge as too much has already come out in newspapers, in courts and otherwise. Some of the key factors involved, like Rajiv Gandhi and Arjun Singh, are no more. Others, like then Bhopal Collector Moti Singh and Police Superintendent Swaraj Puri, have either deposed before courts or given out their versions in various interviews. Moti Singh has even written a book detailing his role in the so-called arrest and release of Anderson. Kochar is biding his time by listening to the depositions of Swaraj Puri, Moti Singh and smaller fries who were on duty at the time. He even went to the absurdity of issuing a notice to Warren Anderson asking him to travel from his quiescence in the US to Bhopal to depose before the Kochar Commission working from a small house in a little known locality. At one stage, Kochar even bullied the Bhopal CJM to get unauthorisedly the original file of the proceedings in an on-going Warren Anderson-related case.

One does not expect that the Kochar Commission will be able to unravel any new facts about the arrival, arrest, release and ceremonial departure of Warren Anderson. All it can do is to give a new lease of life to the controversy later this year when the Assembly elections are due and Shivraj Singh Chauhan will be seeking the third term in office.

These photographs show the conditions at the Bhopal ‘Gas Widows’ Colony’ over two year after chief minister Shivraj Singh Chauhan declared to transform the face of the colony so that its inmates could live a decent life. The colony to rehabilitate the widows of gas leak victims was developed at Karond village, completely out of the city, by the Madhya  Pradesh Housing Board in the early nineties out of the funds provided by the Centre. Some of the inmates had lost all male members of the family and were unable to undertake any job because of the illness or old age.

Chauhan, it seems, became aware of the colony only after the June 7, 2010 verdict of the Bhopal CJM (sentencing and then immediately bailing out the Indian officials of Union Carbide) and had for some time made pretty loud noises showing his concern about the plight of the victims, particularly the widows. He announced his determination to ameliorate the living conditions of these widows.

In the Assembly on June 26, he even listed some of the things for these hapless women and their children: their difficulty in procuring ration cards would be removed, their small dwellings (now in a dilapidated condition for want of care) would be exempted from “property tax” (yes, “property tax”) and also from water tax (which may wrongly suggest that they get regular drinking water supply in the colony), their houses would be renovated and they would be provided all the civic amenities. He also announced a monthly pension of Rs 500 to the “gas widows”.

The houses still are dilapidated, there is no sewerage system, and drinking water supply is irregular as is electricity supply (though the residents continue to get exorbitant electricity bills) and the medical facilities there are non-existent. The monthly pension of Rs 500 promised by the chief minister is out of the funds sanctioned by the Centre.

Bhopal, made known or notorious the world over by the 1984 MiC gas leak disaster in the Union Carbide Corporation pesticide plant, has of late developed into a haphazard conglomerate but it still continues to be a beautiful city with a leisurely pace of life compared to the hurly-burly of modern life in other cities like Bombay, New Delhi and Calcutta. Those visiting Bhopal fall in love with it at first sight. I can claim to be one of them.

The Nawabs, who ruled over Bhopal, had kept the city trimmed, with a well-laid out drinking water and sewer system. Surrounded by forests and lakes, it presented a panoramic sight to the visitors. It was also called the city of lakes.

The biggest of the lakes, known as the Upper Lake, was once so large that one, looking across, could not see the other shore of the lake. It was also the source, and still is to an extent, of drinking water supply to the denizens of the city.  It, though, has considerably shrunk since, almost in direct proportion to the expansion of the city.

Now the capital of Madhya Pradesh, Bhopal is said to have grown out of the 11th century city of Bhojpal, founded by Raja Bhoj, but the present city was established by an Afghan soldier, Dost Mohammed (1707-1740). His descendants developed Bhopal into a beautiful city. The old city with its marketplaces and fine old mosques and palaces still bears the aristocratic imprint of its former rulers, among them the succession of powerful Begums who ruled Bhopal from 1819 to 1926.The new city, though not as well planned, is still greener and cleaner than most cities in India. Bhopal has been a city in which one finds traces of cultures as different as those of Buddhists, Hindus, Mughals and Afghans, providing Bhopal a distinct identity.

Nawab Sikandar Saulat Iftikhar-UI-Mulk Bahadur Hamidullah Khan, or Nawab Hamidullah Khan in short, was the first male ruler of Bhopal State (it was a small kingdom before India got independence from the British rule in 1947). He had a Hindu Prime Minister and was considered an able administrator and politician. Though heading a rather small State of Bhopal, he was elected Chancellor of the prestigious Chamber of Princes on two occasions.

The Nawab is better remembered for his love for new constructions. He donated land for the construction of the prestigious Cricket Club of India (CCI) at Bombay (now renamed Mumbai).  He also donated land for the Jamia Millia Islamia (an important academic institution) in New Delhi. The New Vihar at Sanchi (near Bhopal, one of the most important Buddhist pilgrimage places) was built by him. The inauguration ceremony of the Vihar was attended by many distinguished guests, including the Prime Ministers of India, Japan and Burma.

The imprint of the Nawabs can still be seen on the old, beautiful constructions in the old city, though this part is now getting crowded. The emphasis on the constructions in the newer part of the city, which developed after Bhopal was declared the capital of the newly constituted State of Madhya Pradesh in 1956, had been more on accommodation than on aesthetics.

An important institution, Bharat Bhavan, was added to the city in the early 1980s. It is a premier centre of performing arts and has been hosting artists from across the globe.

The life is so tranquil in Bhopal, compared to the other cities in India, that it is said in journalistic community that one should seek one’s posting in Bhopal when nearing retirement because living in Bhopal takes away the instinct for rushing.

A subtle move is afoot to re-establish a link, though seemingly tenuous, of the erstwhile Union Carbide bosses with the scene of the American Corporation’s horrendous crime, Bhopal. The flying visit of home minister P Chidambaram and his colleagues on the Group of Ministers (GoM) on Bhopal Gas to Bhopal on June 5 suggested this more than what they pretended for public consumption. Chidambaram is the chairman of the GoM.

They ostensibly came to have an idea of the enormity of the disposal of toxic wastes dumped on the ground of the Union Carbide factory over the past three decades. The matter is pending in the Supreme Court and the government has promised its response on the basis of the report prepared by the GoM. However, Chidambaram and his colleagues, Salman Khurshid and V Narayansamy, did not even visit the spot nor did they hold any discussion with those affected by the waste which has been seeping and contaminating the underground water.

They did not interact with the gas disaster victims who were lined up at the Bhopal Memorial Hospital and Research Centre (BMHRC); Chidambaram just took memorandums from them with a scowl on his face and passed on. From BMHRC, Chidambaram went to a posh hotel in the city where he spoke before the media more about the presumed achievements of the UPA and less about the Bhopal gas disaster. They, however, spent considerable time at BMHRC which holds the key to the Centre’s sinister design.

The hospital was built by the Union Carbide under a directive of the Supreme Court to provide specialised treatment to those suffering from the after-effects of MiC gas inhaled during the night of December 2-3, 1984. The construction and management of the hospital have been mired in unsavoury controversies. Suffice it to say that the Union Carbide had constituted a trust, Bhopal Hospital Trust (BHT), to manage the affairs of the hospital. Sir Ian Percival, former Solicitor General of England, was appointed the sole trustee of BHT. From 1984 till his appointment to BHT in 1992, Sir Percival worked as an attorney in the US-based Sidley and Austin, a law firm retained by Union Carbide Corporation.

Illegal drug trials

By a trust deed in April 1998, the sole trustee retired. His son, Robert Eldon Percival, and another were appointed by Union Carbide as trustees. By another deed, Sir Ian Percival was reappointed as trustee but he expired the same day. Some government officials were included as the trustees later the same year and Bhopal Memorial Hospital Trust (BMHT) was registered as a charitable trust. Former Chief Justice of India A M Ahmadi, who had converted the charges against Union Carbide officials to minor offences and allowed sale of Union Carbide’s confiscated shares, was appointed chairman of the BMHT.

There have been several unhealthy developments in the past decade, the most scandalous being the revelation that the hospital was being used for unauthorised drug trials on gas victims. Following an intervention by the Supreme Court, the trust stands disbanded. The management of the hospital was first entrusted to the department of atomic energy but later transferred to Indian Council of Medical Research (ICMR). It has since been rechristened Bhopal Memorial Hospital and Research Centre (BMHRC).

There seems to be a move to make BMHRC autonomous with its own governing body. Robert George Percival, son of the late Sir Ian Percival, is learnt to be lobbying hard in Delhi for some such arrangement and his own inclusion in the new set-up. He is being strongly backed by erstwhile Union Carbide bosses, now part of Dow Chemical, and some other forces in the US. Robert George Percival’s interest goes beyond the monetary benefits from the BMHRC which has a corpus of approximately Rs 700 crore.

Combat gas

Dr Heeresh Chandra, one of the country’s foremost forensic experts, was of the opinion that the US multinational had experimented on the Indians some deadly chemical for use in a future biological warfare. Dr Chandra was involved in the investigations of post-mortem blood and tank residues. Phosgene and cyanide, the two most deadly chemicals, were also found in the blood of the victims, though these two chemicals had no business to be stored in the plant which was supposed to manufacture pesticides. (Phosgene was “effectively used as a combat gas during the First World War”. It is a severe irritant to the entire respiratory tract).

Dr Heeresh Chandra’s theory is supported by the findings of Swedish medical practitioner Ingrid Eckerman who was a member of the now-dissolved International Medical Commission on Bhopal (IMCB) and had been visiting Bhopal frequently in connection with her research. She says in her book, “Bhopal Saga: Causes and Consequences of the World’s Largest Industrial Disaster”: “according to reports seized from the Research and Development centre of the plant at Bhopal as well as documents traced from other offices of the firm, the (Union Carbide) Corporation had conducted a number of experiments on animals and plants, and was aware of the effects of MiC. It is likely that they had information not only on short-term effects, but also on medium and long-term effects”.

She says in her book: “a Research and Development unit was set up in Bhopal in 1976. The centre, the biggest in Asia, had five insect-rearing laboratories and a two-hectare experimental farm for testing chemical agents. Here, new molecules were synthesised and tested. It appeared that the UCIL (Union Carbide India Limited) was conducting (from 1975) field studies using new chemical agents without getting the projects cleared by the top-level committee where all collaborative research efforts should be screened from a security angle”.

She then refers to the reports about the presence of chemical warfare experts at Bhopal studying MiC’s effects (after the disaster). “For example, it is known that from the Pentagon, a medical doctor was sent to collect military intelligence regarding the effects of the leaked gases. From Sweden (her own country), two doctors were sent to make a report for the National Defence Research Institute”.

There has always been a suspicion that the Americans had been getting the data regarding the developing conditions of the MiC leak survivors so long as the Percivals and Ahmadi were associated with the hospital. The link seemed to have snapped up after the blow up of the drug trial scam. Reappointment of Robert Percival may be of help.

It was the impotent rage of the survivors of the Bhopal MiC gas leak disaster that made them resort to ‘rail roko’ agitation on the 27th anniversary of the world’s biggest industrial disaster and later burn the effigy of home minister Palaniappan Chidambaram. As chairman of the GoM on Bhopal gas disaster, Chidambaram has been as callous and insensitive to the problems of the survivors as Manmohan Singh was during the Narasimha Rao government.

The provocation for the survivors’ anger against Chidambaram was provided by the decision of the GoM at its latest meeting not to revise the figures of death and injuries in the curative petition (civil), now pending before the Supreme Court, for enhanced compensation. Nawab Khan of the Bhopal Gas Peedit Mahila Purush Sangharsh Morcha (BGPMPSM) alleged Chidambaram’s close association with Dow Chemical (which had taken over Union Carbide in 2002). They demanded removal of Chidambaram from the post of the chairman of the GoM. The survivors quoted from a letter written by Chidambaram (then finance minister) to the Prime Minister’s Office (PMO) in 2006, pleading that Dow Chemical should be exonerated from its liabilities in the Bhopal disaster.

The Bhopal Group for Information and Action (BGIA) claimed that the Indian Council of Medical Research (ICMR) had estimated that by 1997 over 15,000 people had succumbed to the tragedy but in court, the government only spoke of 5,295 deaths.

The sham verdict of the Bhopal CJM’s court in June 2010 (when the accused in the gas leak disaster were treated like VIPs by the CJM in his court and released on bail as soon as the sentence was announced) had created a big uproar inside and outside the country. The GoM, presided over by Palaniappan Chidambaram had met urgently and given the impression as if the Government of India was, for once, sincere in its approach. But it turned out to be a false hope, once again.  . No steps have been taken to redress the grievances of the survivors.  The curative petition for reversing the 1996 verdict of the Supreme Court was deliberately bungled by the attorney general  and then rejected by the five-judge bench presided over by Chief Justice S H Kapadia who had, though, observed during the hearing that the Supreme Court had gone beyond its jurisdiction in delivering the 1996 verdict. The GoM has failed to come up with an effective mechanism to ensure medical rehabilitation of the victims and also to suggest avenues of providing them some means of earning their livelihood, suitable to their physical condition

If the Government of India, more particularly the GoM, has been ignoring the interests of the Bhopal gas leak survivors quietly, the ruling BJP in Madhya Pradesh has been doing the same noisily. After the CJM’s infamous verdict of June 2010, State BJP president Prabhat Jha had, of all the persons, made a public statement that if the Central government did not pay adequate compensation to the survivors, the State government would pay. The chief minister has, of course, been making so many promises that it is difficult to keep a track of all.

One promise he has, though, fulfilled — that about appointing a new commission of inquiry. He had announced the name of Justice S L Kochar as the chairman of the new commission long before Kochar had retired from the Madhya Pradesh High Court. The Kochar Commission has been functioning for several months now — if it can be called functioning. Neither the survivors have taken this commission seriously nor the commission has shown any seriousness, at least so far, in completing the task entrusted to it. It would appear that all Chauhan wanted was to oblige some people for past favours. The Bhopal Gas Peedit Mahila Udyog Sangathan (BGPMUS) and Bhopal Gas Peedit Sangharsh Sayahog Samiti (BGPSSS), the two organisations working for the survivors, have expressed their disappointment with the way the commission is functioning. They feel that the Commission can be expected to produce some result if it starts from the stage where the former Commission headed by Justice N K Singh was forced to wind up and all the submissions that were made before the N K Singh Commission are taken on record.

They wanted completion of the house-to-house survey of the gas affected population. Such a survey, they have pointed out, was undertaken immediately after the disaster by the Tata Institute of Social Sciences (TISS) but it was abruptly wound up and the proformas completed by the 500-odd volunteers were confiscated by the government. Under the circumstances, it would be extremely helpful if the State Government, even at this late stage, allowed TISS access to the said proformas so that the same could be processed and analyzed fruitfully in the interest of the gas-victims.

They have reminded the chief minister that the State Government has till date not complied with the Supreme Court’s direction of 12.08.1985 (in Writ Petition No.11708 of 1985) to issue health booklets to all gas-victims. Even twenty-seven years after the disaster, less than ten per cent of the gas-victims have been issued health booklets. Directions to the State Government to provide health booklets to all gas-victims were repeatedly issued by the Monitoring Committee, which the State Government very conveniently continues to ignore.


May 2024
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