Description
its about the accident took place in bhopal
2012
TERM PAPERBHOPAL GAS TRAGEDY
(FINAL REPORT)
SUBMITTED TO:
Prof. Govinda Sharma
SUBMITTED BY: GROUP-A5 Ashutosh Prasad Sharma (11008) Manish Kumar Sharma (11029) Sanjay patel (11048) Shashank Chaudhary (11049) Soumya Kanti Ghoshal (11052) Ullasa Kumar Jha (11057)
Abstract:
On December 3 1984, more than 40 tons of methyl isocyanate gas leaked from a pesticide plant in Bhopal, India, immediately killing at least 3,800 people and causing significant morbidity and premature death for many thousands more. The company involved in what became the worst industrial accident in history immediately tried to dissociate itself from legal responsibility. Eventually it reached a settlement with the Indian Government through mediation of that country's Supreme Court and accepted moral responsibility. It paid $470 million in compensation, a relatively small amount of based on significant underestimations of the long-term health consequences of exposure and the number of people exposed. The disaster indicated a need for enforceable international standards for environmental safety, preventative strategies to avoid similar accidents and industrial disaster preparedness. Since the disaster, India has experienced rapid industrialization. While some positive changes in government policy and behaviour of a few industries have taken place, major threats to the environment from rapid and poorly regulated industrial growth remain. Widespread environmental degradation with significant adverse human health consequences continues to occur throughout India. December 2004 marked the twentieth anniversary of the massive toxic gas leak from Union Carbide Corporation's chemical plant in Bhopal in the state of Madhya Pradesh, India that killed more than 3,800 people. This report examines the health effects of exposure to the disaster, the legal response, the lessons learned and whether or not these are put into practice in India in terms of industrial development, environmental management and public health.
Ethical Core Values Violated By UCIL :
Fairness: The working condition in UCIL was very poor. The company followed faulty management practices which were very risky such as under qualified persons with very little training were employed, working manuals in regional languages were not provided, safety precautions demanded by employees were neglected and the employees who demanded them were warned of termination or salary reduction.. The safety measures were neglected and they also ignored the pre disaster signals. From its establishment, the plant had problems with its design and operating safety that included numerous negligent practice1s. As management and economic pressures increased, many critical safety systems were bypassed or shut down. Had some of these systems like refrigeration system and MIC tank alarms been in place, the severity of the disaster could have been reduced. Had the signs of disaster like small instances of MIC exposure, or careful analysis of an internal report on an identical plant in US which had warned of the disaster been done the disaster could have been averted. The company has not been fair even in providing compensation. when the incident had taken its full toll and it was time to compensate the families who had suffered major reverses in the incident then also the unholy nexus prevailed as many people were not given compensation because of the poor bureaucratic condition in the country. That¶s primarily the reason why every year on the anniversary of the Bhopal Gas Tragedy Disaster the people who have been affected by the gas leak and who have still not been given compensation sit outside the Prime Minister¶s house in silent protest against the injustice being done towards them. The disaster is a lesson for the authorities that these mistakes are not repeated so that industrial disasters don¶t happen anymore.
Dignity and respect for humanity: Prior warnings of the disaster was ignored and consequently An estimated 27 tons of MIC gas escaped from and began spreading across the densely populated city of roughly 900,000 people who were sleeping 2. In an attempt to warn the citizens of Bhopal, a warning siren was turned
1
(en.wikipedia.org/wiki/Bhopal_disaster)
2
Hazardous Installations Directorate. Health and Safety Executive; 2004. Accident Summary, Union Carbide India Ltd., Bhopal, India: December
3, 1984.
on; however, it was quickly turned off again to prevent people from panicking. Many only awoke when they heard other family members coughing and trying to get their breath, or when they found themselves choking on the mysterious, noxious gas. The official immediate death toll was 2,259 and the government of Madhya Pradesh has confirmed a total of 3,787 deaths related to the gas release. Other government agencies estimate 15,000 deaths. Others estimate that 8,000 died within the first weeks and that another 8,000 have since died from gas-related diseases. Another 100,000 to 200,000 people are estimated to have permanent injurie3s. A disaster of this magnitude could have been averted if only the owners had a little bit of dignity and respect for the human life and humanity as a whole. Even after the debacle, the UCIL CEO Warren Anderson did not take any responsibility for the loss of thousands of life. He fled from the site in a state helicopter leaving the victims to their fate. Companies will have to be ethical and responsible as the aim of doing business ethically is not only to make profits but also ensure that no one is harmed in the process.. Respect for law: The Company ignored minimum rules regarding safety. Workers made complaints about the cuts through their union but were ignored. One employee was fired after going on a 15-day hunger strike. 70% of the plant's employees were fined before the disaster for refusing to deviate from the proper safety regulations under pressure from management. In 1984, there were very few laws protecting the environment in India, and there was hardly any enforcement of these laws. The environment was treated as a µfree¶ entity and any industry could pollute the air and water without any restrictions. Whether it was our rivers, air, and groundwater - the environment was being polluted and the health of people disregarded. A major role of the government, therefore, is to control the activities of private companies by making, enforcing and upholding laws so as to prevent unfair practices and ensure social justice. This means that the government has to make µappropriate laws¶ and also has to enforce the laws. Laws that are weak and poorly enforced can cause serious harm, as the Bhopal gas tragedy showed. Respect for property: The Bhopal gas tragedy caused a huge loss to both the human life as well as to the company which made a huge investment. It also affected the environment adversely causing many short and long term health effects. Many new-born babies are born with deformed structures and are handicapped. The huge chemical waste that has been left unattended gets into the soil with water and contaminates the ground water resources and result in severe diseases. A provision should be made in the law such that the organization at fault will have to pay for the loss it causes to the environment and property.
Resolving the Ethical Dilemma:
1) Profitability versus Social Responsibility: As of now, India is still not ready for a substantive law for the enforcement of CSR. However, India should come out of the traditional view of µdoing for the sake of it¶ and coming forward and realizing their responsibilities. When the concept of CSR begins to be understood as a business oriented concept, without which the business would become difficult, it will be the time when India may be ready for statutory backing to the CSR. Notwithstanding the above and any amount of sermonizing on the CSR platform, ultimately we have to remember Milton Friedman¶s famous quote that ³the business of business is business´. It reinforces the view that all CSR is driven by business interests and it is best left to the judgment of a corporate as to what makes good business. Corporations are powerful social institutions with enormous potential as levers of public policy. The implementation of corporate social responsibility would aid in ensuring minimal harm to the society. Much has been written and talked about this concept. If this concept is followed systematically, it can be helpful to the society in its development and safety. The need to avoid another Bhopal gas tragedy is our responsibility and requirement. To implement such measures that would help in progress as well as a safe world is the need of not only the hour but also the future.
3
Dhara VR, Dhara R. The Union Carbide disaster in Bhopal: a review of health effects. Arch Environ Health. 2002
Social responsibility is a financial calculation for executives, just like any other aspect of their business. The only sure way to influence corporate decision making is to impose an unacceptable cost regulatory mandates, taxes, punitive fines, public embarrassment on socially unacceptable behaviour. Pleas for corporate social responsibility will be truly embraced only by those executives who are smart enough to see that doing the right thing is a by-product of their pursuit of profit. And that renders such pleas pointless. Such arguments, often adopted by opponents of the social responsibility movement, tend to take a pure economic approach. That approach does not call for voluntary CSR, let alone mandatory CSR. Such an extreme stance may not be beyond question, because both regulation and practice are beginning to recognize the existence of interests other than shareholders that corporate managers must cater to. The government and companies should understand this and implement CSR voluntarily. The companies must realize that for them ³Customer is the king´. So they should do everything possible to serve their king. But still if the companies do not take up CSR, there is no other option but to impose it on them. Every country should now start becoming aware of the advantages of CSR and how it can help in reduction of harm to society because of the activities of the companies and industries. Therefore, they should now make laws which would ensure that CSR is mandatorily taken up by all companies and industries so that the prime agenda of corporate houses will not be concentrated in profit earning only. They will gradually realize that they have a responsibility towards the society in which they operate. Even if they do not realize this fact still they will be bound to take up CSR because the strict laws will make them do so. Corporate social responsibility in case of Bhopal gas tragedy arises only speculation that can be made of what will happen in future till then we have to wait and watch as there is no existing provision in company law which enforces such obligation of social responsibility.
2) Was Government Right in Letting Anderson flee?
Union Carbide is responsible for what happened at Bhopal because they have majority ownership and should have been more involved and knowledgeable with what was going on in their Indian plant. That they weren't communicating and becoming more involved with the plant design just seems lazy on their part. Chairman Warren Anderson is also personally responsible because he should have encouraged better communication with the plant. The Indian procedures used for creating methyl isocyanate were known to be very dangerous, and I think that Union Carbide was negligent for not being more involved with this project. The ruling by the U.S. court of appeals made sense, and we thought it was ignorant of Union Carbide to think that they could impose US rules on the Indians even though they wanted the trial to take place there. The Indian courts should have jurisdiction in this case considering that the disaster happened in India, and all of the evidence and witnesses are in India. It would be much more difficult to have witnesses come to the United States, and the documents would all have to be translated to English. Also, this company was considered an Indian company and had to abide by Indian laws and regulations. Therefore, the case should be judged in accordance to Indian law. As, thousands of people in Bhopal were denied their right to life, and tens of thousands of people have had their right to health undermined. Those struggling for justice and the right to a remedy in Bhopal have been frustrated in their efforts. Thousands of poor families have suffered illness and bereavement, further impairing their ability to earn their livelihood.
Bhopal Gas Tragedy- Lessons to be learnt from it & how to avoid these kinds of disasters to happen again:
India witnessed one of the most devastating industrial tragedies in its independent history on 3 December, 1984. This incident took place in Bhopal¶s Union Carbide plant established by the Union Carbide Corporation of US due to the leakage of methyl isocynate (MIC). And recently the Supreme Court pronounced its verdict, 26 yrs after the incident took place where 2 of the 7 accused were sent to just 2 yrs in jail and immediately after that they got bail4! Is the quantum of punishment in anyway reasonable and the answer is an emphatic NO. So what are the lessons that can be learnt from an incident of this kind of magnitude? Before we look into what lessons could be learnt from this incident we must look at how this incident took place and what blunders were committed. The incident was waiting to take place as the locals had witnessed similar kinds of gas leaks but on a much smaller scale. Even the Union Carbide Company knew that there was a problem with the way the plant was functioning as during their inspection of the plant they noticed that the safety measures were not in place and it was not in good working condition either. The company¶s fear of lack of safety measures held fort when on 3rd of December 1984, due to an exothermic reaction where water and MIC got mixed led to the gas leaking and since the safety valve was not functioning so that meant that the gas escaped into air and started spreading at a rapid rate to the colonies located right next to the plan5t. And since the incident took place in the night hence the incident claimed even more number of people because most of them were sleeping when the incident took place. Many people suffered from suffocation, some reported burns on their bodies and some were vomiting. The patients who were brought in had to be kept in isolation wards as the gas was highly hazardous and patients already admitted might start feeling the effects of the gas leak patients. As if this was not enough the Union Carbide Company Chairman Anderson came to Bhopal to assess the damage caused and was arrested but later was released and was allowed to fly in the state aircraft to Delhi from where he would take a connecting flight back to US. So it can be seen that this was the most disastrous incident that took place on Indian Soil and there is no doubt that there was some kind of unholy nexus between the state govt., central govt. and Union Carbide Company. Then when the incident had taken its full toll and it was time to compensate the families who had suffered major reverses in the incident there also the unholy nexus prevailed as many people were not given compensation because of the poor bureaucratic condition in the country. That¶s primarily the reason why every yr on the anniversary of the Bhopal Gas Tragedy Disaster the people who have been affected by the gas leak and who have still not been given compensation sit outside the Prime Minister¶s house in silent protest against the injustice being done towards them. The first and foremost step that needs to be taken to prevent a disaster of such a magnitude in the future is that during the signing of the Memorandum of Understanding between the Company and the Government, it should be made clear to the company concerned that in case any mishap occurs then the responsibility will be barred by the company concerned if there is any security lapse on their part and it should also be made clear that in case an incident does occur then the company should pay at least half of the compensation to the aggrieved people and the govt. with which they signed the memorandum of understanding.
4
Fortun K. Advocacy after Bhopal. Chicago , University of Chicago Press; 2001.
5
Hazardous Installations Directorate. Health and Safety Executive; 2004. Accident Summary, Union Carbide India Ltd., Bhopal,
India: December 3, 1984.
This was clearly violated in the case of the Bhopal Gas Tragedy as the Union Carbide Company paid a meagre amount of compensation for the disaster that took place in Bhopal. And the Indian Government¶s poor bureaucratic management ensured that many people did not get even that small amount of money that they should have got after the Company sent the money to the Govt. The second step that needs to be taken is that the victim should not be asked to provide evidence to get his/her compensation. This means that the tort law should not be used where the victim has to provide evidence for getting compensation. Clearly this is a problem that people in India have been constantly facing and it is high time we changed this law so that the aggrieved people can get compensation easily and they don¶t have to face hassle. In fact this point has been raised when in 1986 in the Sriram Industries case where there was an oleum leak in Delhi which led to the death of 1 person6, the Supreme Court pronounced a judgment where this point was one of the landmark points in the case. The third step towards ensuring that such an incident doesn¶t take place again is that if the local people notice and report something untoward happening near the factory site then the Govt. should take this seriously and take necessary action accordingly. This again was violated during the Bhopal Gas Tragedy as before this mega disaster took place the locals had reported that they witnessed gas leaks two or three times earlier as well but on a much smaller scale. So clearly, there was a problem in the way the plant was set up and had the govt. taken the local¶s reports seriously the incident could have been avoided but that was not the case. So this brings up the next point connected to this and that is, there should be a clearance certificate issued to the plant before it is started and if the locals report any incident then the plant should be closed down immediately and an investigation should be ordered into pending which the plant will not be opened. The next point that has to be kept in mind is that when the plant is built at that time the locals should be informed of the escape routes possible in case a disaster does take place and it is here that the role of the newly formed Disaster Management Committee comes into play. They should work together with the company management and then spread awareness regarding the possible escape routes. The last but not the least important point is that there should be some kind of witness protection act so that even if there is political or any other kind of pressure from the company then they are not forced to change their point of view leading to the escape of the culprits as has happened with many cases including this one.
Recommendations
More than 25 years after the infamous Bhopal gas disaster, the verdict of a trial court in Bhopal is nothing but a cruel mockery of justice. With charges already diluted by the Supreme Court of India, the June 7 trial court verdict could only be a formal burial of justice. Not only does the verdict insult the victims of one of the world¶s worst industrial disasters by letting off, either scot-free or with a ridiculously light sentence, the mighty CEOs who were the chief perpetrators, it amounts to an assurance to multinational corporations that they will enjoy total impunity in India even when their negligence and violations of regulations leads to the loss of thousands of Indian lives and injury to several thousand more. The government not to rush with the crucial legislation. In light of bitter experience of Bhopal, the government should reconsider the nuclear bill seriously. More than 25 years later, nothing much has changed. Even today, the Congress-led UPA government is busy shielding Union Carbide and its successor Dow Chemicals, while shedding crocodile tears for the victims of these companies, who are denied justice as well as clean up and compensation. Moreover, it is further seeking to send suitable signals of submissiveness and sell-out to US multinational corporations by pushing the Nuclear Liability Bill which will institutionalise the impunity that Carbide-Dow have enjoyed in the Bhopal case, by protecting US reactor supplier firms in advance from any responsibilities towards compensation or clean
6
Sharma DC. Bhopal: 20 Years On. Lancet. 2005;365:111±112. doi: 10.1016/S0140-6736(05)17722-8.
up in the event of any disaster. The GOM recommendations are also silent on the prevention of future Bhopal; they ignore the protection offered to future corporate offenders by the Nuclear Liability bill. If justice is to be served, what we need and must demand is an independent and time-bound probe to fix culpability for the escape of Warren Anderson, and for subsequent attempts to absolve Dow Chemicals of responsibility. Dow must be made to pay for cleaning up the polluted sites and for medical care of the victims and must be blacklisted forthwith, the Nuclear Liability Bill must be scrapped, and Bhopal victims must be guaranteed not only comprehensive compensation and clean up, but also justice. Only these measures can ensure that the tragedy of Bhopal and its shameful consequences are never repeated on Indian soil! The US government should accept the submission of the government of India that ³the corporation and its subsidiaries are treated as a unit, without regard to the location of responsibility within that unit´. The US government must take note of the verdict by the Chief Judicial Magistrate, Bhopal, Madhya Pradesh, and in the interest of justice for the Bhopal victims, the US government should expedite the process of extraditing Warren Anderson at the earliest. In memory of victims of Bhopal, US and Indian governments should call for a mandatory regime for regulating transnational corporations unlike UN¶s voluntary Global Compact and reject the report of the United Nations Secretary-General¶s Special Representative for Business and Human Rights wherein it underlined the need for voluntary regulation and self-compliance by the companies saying, ³While corporations may be considered `organs of society', they are specialized economic organs, not democratic public interest institutions."
Critical Analysis of the Judgment:
Let us draw a critical analysis of the Judgment wherein certain aspects of the same need to be focused upon. First of all, the decision attracts severe criticism on one basis that is the ignorance of present circumstances and later effects of the accident. It is a principle of tort law that while considering the harm done, all the injuries occurred which are direct result of the harm/act done or if there is a reasonable nexus between the act done and the injury suffered, then the actual time of occurring the injury is immaterial. This is to point out here that no note has been taken of the harm which has furthered with the passage of time, or which has become even more intense and worse after a period of 25 years, and that is certainly a direct impact of the harm/injury suffered instantly after the incident. Cases have been reported as in due to the gas-leakage, the persons suffered eyeinjuries resulting in short-sightedness, but the injury furthered during these years and ended up with the total loss of the eye; total blindness. Therefore, such a later effect has not been considered7. Furthermore, the compensation has been provided, but on the basis of injuries suffered instantly after the accident. But, this is what was not considered by the court while pronouncing decision and awarding compensation. Hence, the damages so provided are not proportionate to the injury suffered and harm occurred which is definitely a direct result of the act. Also, it has been continuously alleged that CBI did not present all the evidences and facts before the concerned court during the proceedings. It has been defended that those were the documents not produced due to general public interest and national security, however, in my view; no rational and fair conclusion can be reached if there are no proper facts and evidences produced. A justice is not something which can be done considering a few relevant facts or a few ³available´ facts/evidences, but, something which must not be made unless all the evidences so collected have been produced. The very basic rules of natural justice consist of evidential proceedings and concealment of the same results in the violation of natural justice. This is even worse, that the evidences had been collected and reserved, but just not produced. Moreover, jurists and legal professionals are of the view that the liberal approach towards Union Carbide Company adopted by the court while delivering the judgment has a relevance to nation¶s economic policies as well. In order to get multinationals in the country and trade domestically and internationally, for the furtherance of economic objective sought to be achieved by the Indian Govt., punishments have been prescribed as lesssevere as can be. This is to motivate the companies enter Indian market and continue trade in India. Ironically, to secure one of the objectives, another has been brutally violated.
7
Dhara VR, Dhara R. The Union Carbide disaster in Bhopal: a review of health effects. Arch Environ Health. 2002
Unfortunately, it seems that the accident, the disaster that took place 25 years ago, the uncountable deaths which occurred that time, all have lost their gravity, they have lost their warmness and thus it cannot be felt by those sitting above us known as THE LORDS (Honourable Judges!!)
Future perspective
The Bhopal gas tragedy is undoubtedly one of the worst industrial disasters in the history of mankind. The incident triggered interest from industry, academia, and legislature, and is widely acknowledged as one of the defining events in the history of process safety. India has been experiencing rapid industrialisation with gross domestic product (GDP) per capita going up to US$ 1.73 trillion in 2011 and the economy continues to grow at over 7-8% every year. Rapid industrial growth has contributed immensely to the economic growth but there has been significant cost in the form of environmental degradation and increased public health risks. Increasing awareness of potential exposures to exogenous non-biological agents arising out of human activity will become an important issue for this century. These exposures and their consequences generate many questions like health safety, safety of progeny, issues on compensation and punishments and so on. Although accidents involving MIC or an accident of similar magnitude may or may not recur, but for a country like ours which is fraught with human, environmental and economical perils, dissecting out the long standing effects of the disaster will be of immense value and significance while encountering future chemical disasters. Although there has been an international consensus on the fact that the nature, severity of damage and sufferings in the survivors of the accident are of superlative order, attempts at understanding the persistence of long standing effects are lagging from both academia and industry. The 123 Agreement signed between the United States of America and the Republic of India is known as the U.S.-India Civil Nuclear Agreement or Indo-US nuclear deal. The framework for this agreement was a July 18, 2005, joint statement by Indian Prime Minister Manmohan Singh and then U.S. President George W. Bush, under which India agreed to separate its civil and military nuclear facilities and to place all its civil nuclear facilities under International Atomic Energy Agency (IAEA) safeguards and, in exchange, the United States agreed to work toward full civil nuclear cooperation with India8. The agreement does have a positive side of India¶s growth, but it also has a negative side which was shown by the Fukushima Daiichi nuclear disaster in Japan. The government should weigh both development of the nation and as well as possible disaster or negative impact which could happen. So the government should do a thorough analysis before giving any green signal to set up nuclear reactors in India, otherwise it could turn into another disastrous decision.
8
www.cfr.org/india/us-india-nuclear-deal/p9663
References:
1. www.cfr.org/india/us-india-nuclear-deal/p9663 2. Dhara VR, Dhara R. The Union Carbide disaster in Bhopal: a review of health effects. Arch Environ Health. 2002 3. Sharma DC. Bhopal: 20 Years On. Lancet. 2005. Fortun K. Advocacy after Bhopal. Chicago, University of Chicago Press; 2001. 4. Hazardous Installations Directorate. Health and Safety Executive; 2004. Accident Summary, Union Carbide India Ltd., Bhopal, India: December 3, 1984. 5. en.wikipedia.org/wiki/Bhopal disaster
doc_939073138.docx
its about the accident took place in bhopal
2012
TERM PAPERBHOPAL GAS TRAGEDY
(FINAL REPORT)
SUBMITTED TO:
Prof. Govinda Sharma
SUBMITTED BY: GROUP-A5 Ashutosh Prasad Sharma (11008) Manish Kumar Sharma (11029) Sanjay patel (11048) Shashank Chaudhary (11049) Soumya Kanti Ghoshal (11052) Ullasa Kumar Jha (11057)
Abstract:
On December 3 1984, more than 40 tons of methyl isocyanate gas leaked from a pesticide plant in Bhopal, India, immediately killing at least 3,800 people and causing significant morbidity and premature death for many thousands more. The company involved in what became the worst industrial accident in history immediately tried to dissociate itself from legal responsibility. Eventually it reached a settlement with the Indian Government through mediation of that country's Supreme Court and accepted moral responsibility. It paid $470 million in compensation, a relatively small amount of based on significant underestimations of the long-term health consequences of exposure and the number of people exposed. The disaster indicated a need for enforceable international standards for environmental safety, preventative strategies to avoid similar accidents and industrial disaster preparedness. Since the disaster, India has experienced rapid industrialization. While some positive changes in government policy and behaviour of a few industries have taken place, major threats to the environment from rapid and poorly regulated industrial growth remain. Widespread environmental degradation with significant adverse human health consequences continues to occur throughout India. December 2004 marked the twentieth anniversary of the massive toxic gas leak from Union Carbide Corporation's chemical plant in Bhopal in the state of Madhya Pradesh, India that killed more than 3,800 people. This report examines the health effects of exposure to the disaster, the legal response, the lessons learned and whether or not these are put into practice in India in terms of industrial development, environmental management and public health.
Ethical Core Values Violated By UCIL :
Fairness: The working condition in UCIL was very poor. The company followed faulty management practices which were very risky such as under qualified persons with very little training were employed, working manuals in regional languages were not provided, safety precautions demanded by employees were neglected and the employees who demanded them were warned of termination or salary reduction.. The safety measures were neglected and they also ignored the pre disaster signals. From its establishment, the plant had problems with its design and operating safety that included numerous negligent practice1s. As management and economic pressures increased, many critical safety systems were bypassed or shut down. Had some of these systems like refrigeration system and MIC tank alarms been in place, the severity of the disaster could have been reduced. Had the signs of disaster like small instances of MIC exposure, or careful analysis of an internal report on an identical plant in US which had warned of the disaster been done the disaster could have been averted. The company has not been fair even in providing compensation. when the incident had taken its full toll and it was time to compensate the families who had suffered major reverses in the incident then also the unholy nexus prevailed as many people were not given compensation because of the poor bureaucratic condition in the country. That¶s primarily the reason why every year on the anniversary of the Bhopal Gas Tragedy Disaster the people who have been affected by the gas leak and who have still not been given compensation sit outside the Prime Minister¶s house in silent protest against the injustice being done towards them. The disaster is a lesson for the authorities that these mistakes are not repeated so that industrial disasters don¶t happen anymore.
Dignity and respect for humanity: Prior warnings of the disaster was ignored and consequently An estimated 27 tons of MIC gas escaped from and began spreading across the densely populated city of roughly 900,000 people who were sleeping 2. In an attempt to warn the citizens of Bhopal, a warning siren was turned
1
(en.wikipedia.org/wiki/Bhopal_disaster)
2
Hazardous Installations Directorate. Health and Safety Executive; 2004. Accident Summary, Union Carbide India Ltd., Bhopal, India: December
3, 1984.
on; however, it was quickly turned off again to prevent people from panicking. Many only awoke when they heard other family members coughing and trying to get their breath, or when they found themselves choking on the mysterious, noxious gas. The official immediate death toll was 2,259 and the government of Madhya Pradesh has confirmed a total of 3,787 deaths related to the gas release. Other government agencies estimate 15,000 deaths. Others estimate that 8,000 died within the first weeks and that another 8,000 have since died from gas-related diseases. Another 100,000 to 200,000 people are estimated to have permanent injurie3s. A disaster of this magnitude could have been averted if only the owners had a little bit of dignity and respect for the human life and humanity as a whole. Even after the debacle, the UCIL CEO Warren Anderson did not take any responsibility for the loss of thousands of life. He fled from the site in a state helicopter leaving the victims to their fate. Companies will have to be ethical and responsible as the aim of doing business ethically is not only to make profits but also ensure that no one is harmed in the process.. Respect for law: The Company ignored minimum rules regarding safety. Workers made complaints about the cuts through their union but were ignored. One employee was fired after going on a 15-day hunger strike. 70% of the plant's employees were fined before the disaster for refusing to deviate from the proper safety regulations under pressure from management. In 1984, there were very few laws protecting the environment in India, and there was hardly any enforcement of these laws. The environment was treated as a µfree¶ entity and any industry could pollute the air and water without any restrictions. Whether it was our rivers, air, and groundwater - the environment was being polluted and the health of people disregarded. A major role of the government, therefore, is to control the activities of private companies by making, enforcing and upholding laws so as to prevent unfair practices and ensure social justice. This means that the government has to make µappropriate laws¶ and also has to enforce the laws. Laws that are weak and poorly enforced can cause serious harm, as the Bhopal gas tragedy showed. Respect for property: The Bhopal gas tragedy caused a huge loss to both the human life as well as to the company which made a huge investment. It also affected the environment adversely causing many short and long term health effects. Many new-born babies are born with deformed structures and are handicapped. The huge chemical waste that has been left unattended gets into the soil with water and contaminates the ground water resources and result in severe diseases. A provision should be made in the law such that the organization at fault will have to pay for the loss it causes to the environment and property.
Resolving the Ethical Dilemma:
1) Profitability versus Social Responsibility: As of now, India is still not ready for a substantive law for the enforcement of CSR. However, India should come out of the traditional view of µdoing for the sake of it¶ and coming forward and realizing their responsibilities. When the concept of CSR begins to be understood as a business oriented concept, without which the business would become difficult, it will be the time when India may be ready for statutory backing to the CSR. Notwithstanding the above and any amount of sermonizing on the CSR platform, ultimately we have to remember Milton Friedman¶s famous quote that ³the business of business is business´. It reinforces the view that all CSR is driven by business interests and it is best left to the judgment of a corporate as to what makes good business. Corporations are powerful social institutions with enormous potential as levers of public policy. The implementation of corporate social responsibility would aid in ensuring minimal harm to the society. Much has been written and talked about this concept. If this concept is followed systematically, it can be helpful to the society in its development and safety. The need to avoid another Bhopal gas tragedy is our responsibility and requirement. To implement such measures that would help in progress as well as a safe world is the need of not only the hour but also the future.
3
Dhara VR, Dhara R. The Union Carbide disaster in Bhopal: a review of health effects. Arch Environ Health. 2002
Social responsibility is a financial calculation for executives, just like any other aspect of their business. The only sure way to influence corporate decision making is to impose an unacceptable cost regulatory mandates, taxes, punitive fines, public embarrassment on socially unacceptable behaviour. Pleas for corporate social responsibility will be truly embraced only by those executives who are smart enough to see that doing the right thing is a by-product of their pursuit of profit. And that renders such pleas pointless. Such arguments, often adopted by opponents of the social responsibility movement, tend to take a pure economic approach. That approach does not call for voluntary CSR, let alone mandatory CSR. Such an extreme stance may not be beyond question, because both regulation and practice are beginning to recognize the existence of interests other than shareholders that corporate managers must cater to. The government and companies should understand this and implement CSR voluntarily. The companies must realize that for them ³Customer is the king´. So they should do everything possible to serve their king. But still if the companies do not take up CSR, there is no other option but to impose it on them. Every country should now start becoming aware of the advantages of CSR and how it can help in reduction of harm to society because of the activities of the companies and industries. Therefore, they should now make laws which would ensure that CSR is mandatorily taken up by all companies and industries so that the prime agenda of corporate houses will not be concentrated in profit earning only. They will gradually realize that they have a responsibility towards the society in which they operate. Even if they do not realize this fact still they will be bound to take up CSR because the strict laws will make them do so. Corporate social responsibility in case of Bhopal gas tragedy arises only speculation that can be made of what will happen in future till then we have to wait and watch as there is no existing provision in company law which enforces such obligation of social responsibility.
2) Was Government Right in Letting Anderson flee?
Union Carbide is responsible for what happened at Bhopal because they have majority ownership and should have been more involved and knowledgeable with what was going on in their Indian plant. That they weren't communicating and becoming more involved with the plant design just seems lazy on their part. Chairman Warren Anderson is also personally responsible because he should have encouraged better communication with the plant. The Indian procedures used for creating methyl isocyanate were known to be very dangerous, and I think that Union Carbide was negligent for not being more involved with this project. The ruling by the U.S. court of appeals made sense, and we thought it was ignorant of Union Carbide to think that they could impose US rules on the Indians even though they wanted the trial to take place there. The Indian courts should have jurisdiction in this case considering that the disaster happened in India, and all of the evidence and witnesses are in India. It would be much more difficult to have witnesses come to the United States, and the documents would all have to be translated to English. Also, this company was considered an Indian company and had to abide by Indian laws and regulations. Therefore, the case should be judged in accordance to Indian law. As, thousands of people in Bhopal were denied their right to life, and tens of thousands of people have had their right to health undermined. Those struggling for justice and the right to a remedy in Bhopal have been frustrated in their efforts. Thousands of poor families have suffered illness and bereavement, further impairing their ability to earn their livelihood.
Bhopal Gas Tragedy- Lessons to be learnt from it & how to avoid these kinds of disasters to happen again:
India witnessed one of the most devastating industrial tragedies in its independent history on 3 December, 1984. This incident took place in Bhopal¶s Union Carbide plant established by the Union Carbide Corporation of US due to the leakage of methyl isocynate (MIC). And recently the Supreme Court pronounced its verdict, 26 yrs after the incident took place where 2 of the 7 accused were sent to just 2 yrs in jail and immediately after that they got bail4! Is the quantum of punishment in anyway reasonable and the answer is an emphatic NO. So what are the lessons that can be learnt from an incident of this kind of magnitude? Before we look into what lessons could be learnt from this incident we must look at how this incident took place and what blunders were committed. The incident was waiting to take place as the locals had witnessed similar kinds of gas leaks but on a much smaller scale. Even the Union Carbide Company knew that there was a problem with the way the plant was functioning as during their inspection of the plant they noticed that the safety measures were not in place and it was not in good working condition either. The company¶s fear of lack of safety measures held fort when on 3rd of December 1984, due to an exothermic reaction where water and MIC got mixed led to the gas leaking and since the safety valve was not functioning so that meant that the gas escaped into air and started spreading at a rapid rate to the colonies located right next to the plan5t. And since the incident took place in the night hence the incident claimed even more number of people because most of them were sleeping when the incident took place. Many people suffered from suffocation, some reported burns on their bodies and some were vomiting. The patients who were brought in had to be kept in isolation wards as the gas was highly hazardous and patients already admitted might start feeling the effects of the gas leak patients. As if this was not enough the Union Carbide Company Chairman Anderson came to Bhopal to assess the damage caused and was arrested but later was released and was allowed to fly in the state aircraft to Delhi from where he would take a connecting flight back to US. So it can be seen that this was the most disastrous incident that took place on Indian Soil and there is no doubt that there was some kind of unholy nexus between the state govt., central govt. and Union Carbide Company. Then when the incident had taken its full toll and it was time to compensate the families who had suffered major reverses in the incident there also the unholy nexus prevailed as many people were not given compensation because of the poor bureaucratic condition in the country. That¶s primarily the reason why every yr on the anniversary of the Bhopal Gas Tragedy Disaster the people who have been affected by the gas leak and who have still not been given compensation sit outside the Prime Minister¶s house in silent protest against the injustice being done towards them. The first and foremost step that needs to be taken to prevent a disaster of such a magnitude in the future is that during the signing of the Memorandum of Understanding between the Company and the Government, it should be made clear to the company concerned that in case any mishap occurs then the responsibility will be barred by the company concerned if there is any security lapse on their part and it should also be made clear that in case an incident does occur then the company should pay at least half of the compensation to the aggrieved people and the govt. with which they signed the memorandum of understanding.
4
Fortun K. Advocacy after Bhopal. Chicago , University of Chicago Press; 2001.
5
Hazardous Installations Directorate. Health and Safety Executive; 2004. Accident Summary, Union Carbide India Ltd., Bhopal,
India: December 3, 1984.
This was clearly violated in the case of the Bhopal Gas Tragedy as the Union Carbide Company paid a meagre amount of compensation for the disaster that took place in Bhopal. And the Indian Government¶s poor bureaucratic management ensured that many people did not get even that small amount of money that they should have got after the Company sent the money to the Govt. The second step that needs to be taken is that the victim should not be asked to provide evidence to get his/her compensation. This means that the tort law should not be used where the victim has to provide evidence for getting compensation. Clearly this is a problem that people in India have been constantly facing and it is high time we changed this law so that the aggrieved people can get compensation easily and they don¶t have to face hassle. In fact this point has been raised when in 1986 in the Sriram Industries case where there was an oleum leak in Delhi which led to the death of 1 person6, the Supreme Court pronounced a judgment where this point was one of the landmark points in the case. The third step towards ensuring that such an incident doesn¶t take place again is that if the local people notice and report something untoward happening near the factory site then the Govt. should take this seriously and take necessary action accordingly. This again was violated during the Bhopal Gas Tragedy as before this mega disaster took place the locals had reported that they witnessed gas leaks two or three times earlier as well but on a much smaller scale. So clearly, there was a problem in the way the plant was set up and had the govt. taken the local¶s reports seriously the incident could have been avoided but that was not the case. So this brings up the next point connected to this and that is, there should be a clearance certificate issued to the plant before it is started and if the locals report any incident then the plant should be closed down immediately and an investigation should be ordered into pending which the plant will not be opened. The next point that has to be kept in mind is that when the plant is built at that time the locals should be informed of the escape routes possible in case a disaster does take place and it is here that the role of the newly formed Disaster Management Committee comes into play. They should work together with the company management and then spread awareness regarding the possible escape routes. The last but not the least important point is that there should be some kind of witness protection act so that even if there is political or any other kind of pressure from the company then they are not forced to change their point of view leading to the escape of the culprits as has happened with many cases including this one.
Recommendations
More than 25 years after the infamous Bhopal gas disaster, the verdict of a trial court in Bhopal is nothing but a cruel mockery of justice. With charges already diluted by the Supreme Court of India, the June 7 trial court verdict could only be a formal burial of justice. Not only does the verdict insult the victims of one of the world¶s worst industrial disasters by letting off, either scot-free or with a ridiculously light sentence, the mighty CEOs who were the chief perpetrators, it amounts to an assurance to multinational corporations that they will enjoy total impunity in India even when their negligence and violations of regulations leads to the loss of thousands of Indian lives and injury to several thousand more. The government not to rush with the crucial legislation. In light of bitter experience of Bhopal, the government should reconsider the nuclear bill seriously. More than 25 years later, nothing much has changed. Even today, the Congress-led UPA government is busy shielding Union Carbide and its successor Dow Chemicals, while shedding crocodile tears for the victims of these companies, who are denied justice as well as clean up and compensation. Moreover, it is further seeking to send suitable signals of submissiveness and sell-out to US multinational corporations by pushing the Nuclear Liability Bill which will institutionalise the impunity that Carbide-Dow have enjoyed in the Bhopal case, by protecting US reactor supplier firms in advance from any responsibilities towards compensation or clean
6
Sharma DC. Bhopal: 20 Years On. Lancet. 2005;365:111±112. doi: 10.1016/S0140-6736(05)17722-8.
up in the event of any disaster. The GOM recommendations are also silent on the prevention of future Bhopal; they ignore the protection offered to future corporate offenders by the Nuclear Liability bill. If justice is to be served, what we need and must demand is an independent and time-bound probe to fix culpability for the escape of Warren Anderson, and for subsequent attempts to absolve Dow Chemicals of responsibility. Dow must be made to pay for cleaning up the polluted sites and for medical care of the victims and must be blacklisted forthwith, the Nuclear Liability Bill must be scrapped, and Bhopal victims must be guaranteed not only comprehensive compensation and clean up, but also justice. Only these measures can ensure that the tragedy of Bhopal and its shameful consequences are never repeated on Indian soil! The US government should accept the submission of the government of India that ³the corporation and its subsidiaries are treated as a unit, without regard to the location of responsibility within that unit´. The US government must take note of the verdict by the Chief Judicial Magistrate, Bhopal, Madhya Pradesh, and in the interest of justice for the Bhopal victims, the US government should expedite the process of extraditing Warren Anderson at the earliest. In memory of victims of Bhopal, US and Indian governments should call for a mandatory regime for regulating transnational corporations unlike UN¶s voluntary Global Compact and reject the report of the United Nations Secretary-General¶s Special Representative for Business and Human Rights wherein it underlined the need for voluntary regulation and self-compliance by the companies saying, ³While corporations may be considered `organs of society', they are specialized economic organs, not democratic public interest institutions."
Critical Analysis of the Judgment:
Let us draw a critical analysis of the Judgment wherein certain aspects of the same need to be focused upon. First of all, the decision attracts severe criticism on one basis that is the ignorance of present circumstances and later effects of the accident. It is a principle of tort law that while considering the harm done, all the injuries occurred which are direct result of the harm/act done or if there is a reasonable nexus between the act done and the injury suffered, then the actual time of occurring the injury is immaterial. This is to point out here that no note has been taken of the harm which has furthered with the passage of time, or which has become even more intense and worse after a period of 25 years, and that is certainly a direct impact of the harm/injury suffered instantly after the incident. Cases have been reported as in due to the gas-leakage, the persons suffered eyeinjuries resulting in short-sightedness, but the injury furthered during these years and ended up with the total loss of the eye; total blindness. Therefore, such a later effect has not been considered7. Furthermore, the compensation has been provided, but on the basis of injuries suffered instantly after the accident. But, this is what was not considered by the court while pronouncing decision and awarding compensation. Hence, the damages so provided are not proportionate to the injury suffered and harm occurred which is definitely a direct result of the act. Also, it has been continuously alleged that CBI did not present all the evidences and facts before the concerned court during the proceedings. It has been defended that those were the documents not produced due to general public interest and national security, however, in my view; no rational and fair conclusion can be reached if there are no proper facts and evidences produced. A justice is not something which can be done considering a few relevant facts or a few ³available´ facts/evidences, but, something which must not be made unless all the evidences so collected have been produced. The very basic rules of natural justice consist of evidential proceedings and concealment of the same results in the violation of natural justice. This is even worse, that the evidences had been collected and reserved, but just not produced. Moreover, jurists and legal professionals are of the view that the liberal approach towards Union Carbide Company adopted by the court while delivering the judgment has a relevance to nation¶s economic policies as well. In order to get multinationals in the country and trade domestically and internationally, for the furtherance of economic objective sought to be achieved by the Indian Govt., punishments have been prescribed as lesssevere as can be. This is to motivate the companies enter Indian market and continue trade in India. Ironically, to secure one of the objectives, another has been brutally violated.
7
Dhara VR, Dhara R. The Union Carbide disaster in Bhopal: a review of health effects. Arch Environ Health. 2002
Unfortunately, it seems that the accident, the disaster that took place 25 years ago, the uncountable deaths which occurred that time, all have lost their gravity, they have lost their warmness and thus it cannot be felt by those sitting above us known as THE LORDS (Honourable Judges!!)
Future perspective
The Bhopal gas tragedy is undoubtedly one of the worst industrial disasters in the history of mankind. The incident triggered interest from industry, academia, and legislature, and is widely acknowledged as one of the defining events in the history of process safety. India has been experiencing rapid industrialisation with gross domestic product (GDP) per capita going up to US$ 1.73 trillion in 2011 and the economy continues to grow at over 7-8% every year. Rapid industrial growth has contributed immensely to the economic growth but there has been significant cost in the form of environmental degradation and increased public health risks. Increasing awareness of potential exposures to exogenous non-biological agents arising out of human activity will become an important issue for this century. These exposures and their consequences generate many questions like health safety, safety of progeny, issues on compensation and punishments and so on. Although accidents involving MIC or an accident of similar magnitude may or may not recur, but for a country like ours which is fraught with human, environmental and economical perils, dissecting out the long standing effects of the disaster will be of immense value and significance while encountering future chemical disasters. Although there has been an international consensus on the fact that the nature, severity of damage and sufferings in the survivors of the accident are of superlative order, attempts at understanding the persistence of long standing effects are lagging from both academia and industry. The 123 Agreement signed between the United States of America and the Republic of India is known as the U.S.-India Civil Nuclear Agreement or Indo-US nuclear deal. The framework for this agreement was a July 18, 2005, joint statement by Indian Prime Minister Manmohan Singh and then U.S. President George W. Bush, under which India agreed to separate its civil and military nuclear facilities and to place all its civil nuclear facilities under International Atomic Energy Agency (IAEA) safeguards and, in exchange, the United States agreed to work toward full civil nuclear cooperation with India8. The agreement does have a positive side of India¶s growth, but it also has a negative side which was shown by the Fukushima Daiichi nuclear disaster in Japan. The government should weigh both development of the nation and as well as possible disaster or negative impact which could happen. So the government should do a thorough analysis before giving any green signal to set up nuclear reactors in India, otherwise it could turn into another disastrous decision.
8
www.cfr.org/india/us-india-nuclear-deal/p9663
References:
1. www.cfr.org/india/us-india-nuclear-deal/p9663 2. Dhara VR, Dhara R. The Union Carbide disaster in Bhopal: a review of health effects. Arch Environ Health. 2002 3. Sharma DC. Bhopal: 20 Years On. Lancet. 2005. Fortun K. Advocacy after Bhopal. Chicago, University of Chicago Press; 2001. 4. Hazardous Installations Directorate. Health and Safety Executive; 2004. Accident Summary, Union Carbide India Ltd., Bhopal, India: December 3, 1984. 5. en.wikipedia.org/wiki/Bhopal disaster
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