Bhopal Tragedy, The Worst Ever Corporate Crime - A Few Hard Facts
BHOPAL TRAGEDY, THE WORST EVER CORPORATE CRIME: A FEW HARD FACTS Bhopal tragedy is no doubt the biggest industrial catastrophe in the 20th century.
It happened due to the highest level of callousness and irresponsibility shown by a Multinational, Union Carbide Corporation (UCC).
Tales of this tragic incident, happened around the mid-night of 2nd December, 1984 and its after effects are not unknown to us.
Thanks to the media's time to time reporting on the misery of the victims, denial of justice to them, long lasting effects of the poisonous methyl iso-cyanate (MIC) gas, mishandling of the case by both the Central and State government, controversial verdicts by the judiciary etc.
Besides, articles and seminal research work on the issue dealt with the intricacy and complicity of the disaster.
But then, why have we selected this topic for this issue of the newsletter? The answer is simple.
It is the outcry of thousands of Bhopal people for justice; it is the picture of those crippled, deformed and ailing children who have come to this beautiful world without any fault of theirs.
It is the motivation one spontaneously gets from the pale faces and helpless looks of those kids born as the next generation of the Bhopal victims.
It is the conscience that makes one rise against the wrongs committed by others.
In this newsletter, we have not repeated what had happened in the past.
We only focused on some hard facts that may have been forgotten by people with the passage of time, or those may not be known to the public or may not have been made public by the government.
Objective is to help our esteemed readers recapture how the world's worst industrial disaster has been dealt with by our elected representatives.
'Let them eat pollution' Until 1979, Union Carbide India Limited (UCIL), used to import MIC from USA.
In 1979, Federal Govt of USA banned production of MIC in USA.
What could then be the alternatives to UCC? Either to produce Carbaryl based pesticides (sold under the brand name 'SEVIN') by using MIC as an intermediate or through MIC-free routes as was being done by BAYER.
Cost of manufacture is much less in the MIC route compared to the MIC-free route.
Obvious alternative to UCC was to start producing MIC in UCIL's factory in Bhopal.
UCC followed the cue from the comment once made for developing countries by Lawrence Summer, ex-chief economist of World Bank that 'Let them eat pollution'.
UCC knew how to make Indians eat MIC.
Several warnings overlooked and norms of process parameters ignored! The tragic incidents would not have occurred had UCIL followed several warnings given in advance by its employees, engineers and technicians that MIC-related accidents might occur in the factory anytime for violating the norms of process parameters.
The fact is that due to fall in demand of carbaryl based pesticides world over, turnover of UCIL started declining resulting in fall in profit margin.
UCIL started implementing various self-opinionated and self-seeking 'cost cutting measures', namely, downsizing supervisory staffs and skilled workers, reducing cost for regular repairs and maintenance, diluting quality control measures, loosening safety measures etc.
Result was deviation from proper safety regulations, deterioration in the quality of valves and pipe lines, malfunctioning of safety systems, corrosion in the non-stainless steel pipe lines and above all, reduction in the morale of employees.
Despite lack in demand, management continued with the production of MIC causing piling up of stock of MIC.
UCIL stored the large volume of MIC in the existing storage tanks diluting safety norms of storing MIC.
Normally MIC should be stored in small steel drums.
UCIL stored MIC in a large tank whose alarm system was not working on the day of mishap.
UCIL kept one manual back-up system instead of four-stage system which was essential; the flare tower and the vent gas scrubber installed for tracing escaping gas with sodium hydroxide to bring the concentration down to a safe level was out of service for more than four months; strength of the scrubber could withstand only one-quarter of the pressure that was formed for storing large volume of MIC; the flare tower was improperly designed and could only hold one-quarter of the volume of gas that was stored in the tank; the refrigeration system designed to inhibit volatilization of MIC was kept idle; MIC was stored at room temperature instead of 4.
50C as prescribed in the manual.
These technical flaws were encouraged by the management of UCIL compromising safety measures and introducing unproven and unsafe processes.
That these flaws were management made would be evidenced from the fact that management of UCIL did not give any weightage to many prior accidents which signaled the approaching fatal disaster.
A few of them are: In 1976, the two trade unions protested for the increasing level of pollution within the plant; in 1981, a worker was splashed with phosgene gas causing his death 72 hours later; in January 1982, there was a phosgene leak, which affected 24 workers who were to be admitted to hospital; wearing protective mask was not made compulsory; in February 1982, an MIC leak affected 18 workers; in August 1982, a chemical engineer came in contact with liquid MIC resulting in burns over 30% of his body; in September 1982, Rajkumar Keshwani, a Bhopal Journalist wrote prophetic warnings of a disaster in local weekly 'Rajpat' but he was not paid any heed; in October 1982, there was a leak of MIC, methyl carbaryl chloride, chloroform and hydrochloric acid.
In an attempt to stop the leakage, MIC supervisor suffered intensive chemical burns and two other workers were severely exposed to the gases; during 1983 and 1984 there was regular leakage of MIC, chlorine, monomethylamine, phosgene and carbon tetrachloride.
Reports issued a few months before the incident by the scientists within the UCIL warned the possibility of a serious accident but it was ignored.
American experts who visited the plant during 1981, warned UCC of the possibility of "runaway reaction"; local Indian authorities warned the company of problems from 1979 onwards but UCC did not care; UCC admitted in their own investigation report that most of the safety systems were not functioning at the time when the accident occurred in the midnight of 2nd December, 1984.
"The king can not do any wrong" - so, how could UCC do any wrong!! Jai-Ho!! UCC Zindabad What did our governments do in response to such disaster? Did our central and M.
P.
state governments play their due role? Did they discharge their responsibilities as expected of an elected government? Did they handle such a grave situation with a human face or they preformed their duties in a perfunctory manner? To get the proper answer, one needs to revisit key landmark events before and after that fateful night of 2nd December, 1984.
License for setting up the plant for producing poisonous MIC and 'no-objection' from Pollution Control Department were granted despite the plant's location was near a densely populated area.
This was against the prescribed norms.
No action was taken against the erring UCIL for not complying with the statutory requirement for safety measures.
Was it not the height of a hoax? Were the state and central government officials hypnotized with the gimmicky assurance of UCC that 'our Bhopal plant will be as inoffensive as a chocolate factory'? Taking the law in one's hand! The answer to the above question is 'yes'.
Otherwise, why did central government exercise the power of parens patriae (parent of the nation) and prevented the victims from filing suits through lawyers of their choice.
The government also passed the Bhopal Gas Disaster (Processing of Claims) Act, 1985, without consulting the victims or caring for their well-being and took away the victim's right to fend for themselves.
Within days of the tragedy, tort-lawyers from the USA flocked to Bhopal to strike deals with the victims.
American tort lawyers are the most aggressive breeds of the legal profession who secure settlements for huge sums.
Taking advantage of Rajiv Gandhi's lack of experience and naivety, the Prime Minister was persuaded to exercise the power of parens patriae (parent of the nation).
And what did the central government do next? It lodged a suit in a New York District Court claiming $3 billion compensation for the victims.
An attempt was reported to have been made to entrust the task of engaging counsel to Ottavio Quattrocchi.
Knowing the power of American tort lawyers, who are known to be experts in handling such type of cases in USA Courts and could secure verdicts in favour of the victims, UCC, aided and abeted by our central government, succeeded in transferring the case to Indian Courts.
One would be amazed by knowing that N.
A.
Palkhivala, a man of high status helped UCC by giving an affidavit that Indian government would not able to handle mass tort actions and that Indian legal system could deliver justice within a short timeframe.
Shri Palkhivala echoed UCC's statement given in the US Court!! The drama What happened five days after the MIC leak was a drama which naïve citizens of India witnessed.
Warren Anderson, the Hero, reached Bhopal on 7th December, 1984.
M.
P.
Govt.
headed by Arjun Singh presumably with a view to scoring political advantage, spread the news that Anderson was arrested and subsequently got bail.
With this news, US Embassy with plenty of muscle ensured safe return of the Hero to New Delhi with due ceremony.
That was not the final curtain.
The Hero was entertained to tea by the first citizen and received with courtesy by the Union Home Minister, Foreign Secretary and other Ministers.
Finally, many went to see him off to his abode.
14th February, 1989: The day of Champagne Fountain? On this day, central government agreed with the Supreme Court's judgement that UCC was to pay only $470 million as compensation.
The parens patriae agreed to settle for about 15% of the original claim.
The amount is less than 50% of the amount settled by USA government for Action Valdage incident, an oil disaster taken place in 1989 at Alaska offshore in USA.
There are reasons to believe the comment of one of the lawyers of UCC 'A few hundred bottles of Champagne must have popped around the world'.
After all, UCC took away $2530 millions from Bhopal gas victims.
Thanks to Hon'ble Shri N.
A.
Palkhivala.
On - Screen Display of Truths behind Restrained The epic tragedy of Bhopal had shaken people all over the world and they raised their voices and expressed their concern time to time by unveiling the harsh reality behind the tragic fate of Bhopal victims.
Many social activists, artists, novelists, writers and producers made an attempt to bring about various facts relating to the incident through their creations, writings and tried to speak against the injustice made to the Bhopal victims.
Many film makers turned the spotlight and camera to capture the sufferings of Bhopal victims and tried to present the painful story of Bhopal from real to the reel life.
18 documentary and 1 feature film were made on Bhopal tragedy with an aim to make people visualize the sufferings and harsh realities.
Most of them were not made public by the government.
The list of films made on Bhopal tragedy include the famous 'Bhopal express' (1990) that delivers the horrific account of the disaster with a frank and brave intimacy.
The film became very popular among the University students in USA and European Countries and many of them rushed to India to make documentary films based on the issue.
Documentary film entitled 'Beyond genocide and license to die' had directly accused government to be held equally responsible as UCIL for the disaster and its fate.
Doordarshan initially refused to telecast this film.
When the film won the international award and gold medal it was telecast suddenly in the late night without any prior announcement.
There were many more films including: 'Bhopal what next' (1987); 'Chemical Valley' (1991); 'Unrevealing tragedy at Bhopal' (1992); 'Bhopal setting the record straight and Bhopal second tragedy' (1994); The seduction of Dr.
Loa'; 'Litigating disaster'; 'Bhopal The Search for Justice'; '1 Night in Bhopal'; 'Twenty worse without justice'; 'The heart becomes quiet'; 'Cloud over Bhopal' based on the novel '5 past mid night in Bhopal'.
These were not released for public show.
Other misdeeds of the government After the gas tragedy, UCIL plant was closed to outsiders by the Central government.
Was it done to hush up vital facts and data to avoid mass protest and outrage? Outside agencies were barred to take part in the investigation procedures.
UCC was not allowed to take part in the investigation procedure.
Counsil of Scientific and Industrial Research (CSIR) and CBI conducted initial investigation.
CSIR report was formally released after 15 years.
Till date, government has not specified the number of causalities.
After the disaster, the victims were shifted to an unhygienic place where they are still thriving on poisonous drinking water.
390 tons of toxic chemical wastes dumped by UCIL has not yet been removed.
Indians are still eating pollution daily!! How are our Bhopal victims after 26 years? Standing near the factory site of UCIL (now owned by Dow Chemicals) one could see the pictures of misery and disability all over.
One could hear thousands of voices still echoing in the air for justice.
One could feel the pain from the silent faces of the victims.
But alas! their cry for justice failed to touch the heartless government machinery who are still reluctant to remove 390 tons of deadly toxic wastes which is continuously polluting the surrounding environment.
The underground water around the radius of 20 km from the disaster site is still polluted with cyanide.
The government has not given a hygienic shelter and access to safe drinking water to the victim's families.
Stillbirth, neonatal mortality, and giving birth to deformed and crippled child are very common.
Most of the victims are now cancer patients, some of them are leading a paralysed life.
Having not much options for alternative jobs, economic status is much below the poverty level.
Education, which is now the fundamental right of every child, is merely a dream to the disabled children of Bhopal victims.
How long will the curse cast its spell and how long will it destroy the future of innocent children? How many next generations of Bhopal victims will suffer from incurable diseases for no fault of theirs? Probably none can foresee.
It reminds us what Rabindranath Tagore said in his poem, "Ebar Phirao More" in March,1893- "Nahi jane kar dware danraibe bicharer ashe, daridrer bhagobane barek dakiya deerghashwase more se nirobe"They do not know where to go with a hope of getting justice; they prey to the God, heave a sigh and silently die.
How is our "Athithi debo Bhava"? Against the backdrop of sufferings of Bhopal victims and their progeny, the main culprit, 89-year-old Warren Anderson, the then chairman of Union Carbide Corporation, is enjoying his luxurious life in a multi-million dollar palace in New York with his wife avoiding all social contacts.
Thanks to our government and other elected representatives who ensured his safe and honourable exit from India.
Ever since he has neither appeared before any court nor has he cared for CBI summons.
In 1992 he was declared as a fugitive and subsequently as an absconder and did not subject himself to trial.
When Casey Harrell, green peace activist, visited his house in 2002 to serve him a warrant, he refused to identify himself and pretended to be someone else.
By sitting thousand miles away in a splendid mansion, he is hardly touched by the agony of Bhopal victims.
Thanks to the tacit agreement between Indian and USA government.
They are least bothered for the gas victims, already diseased, disabled and dying, with their children disadvantaged, who have spent the last quarter century getting knocked around in legal maze hoping against the hope.
Fate of Bhopal victims What have they got after all these 26 years of sufferings? Supreme Court reduced the charge against the convicts from earlier section 304 (culpable homicide not amounting to murder) to 304A (death by negligence).
Indian judicial system passed its verdict on June 7, 2010 and announced a maximum two years penalty for 8 accused including Warren Anderson, making a trade off with only two years of imprisonment in exchange of 26 years of sufferings and loss of lives for thousands of people.
The governments added to their misery by depriving them of billions of rupees worth of compensation which could have been contributed for better medicare, nutrition and overall support of families whose bread-winners had lost their physical capacity to work.
We wonder how kabiGuru had foreseen such a situation about 117 years ago- "Bedonare kariteche parihas swarthodyata abichar"-injustice energized by obstinate self-interest is making fun of the mental agony of the victims.
Conclusion The 26 years of ignorance followed by the mockery of justice signifies the collective failure of a system.
Thanks to our patriotic politicians, learned judges, highly compensated lawyers and bureaucrats.
What did our intellectuals and young generations do? Why had not they raised their voices against the government machinery? Why have they chosen to remain as silent spectators to the show and did not take active role? Is it that the twenty six years pain, loss and sufferings of the Bhopal victims and their outcry for justice did not prove to be enough to move their conscience? Be that as it may, Bhopal tragedy should act as a wake-up call to us before any other business house dares to sacrifice human life as it was done at the UCIL's factory.
It is the high time when intellects and youths should step forward and encourage the Bhopal people to rise against the power and made them realize that their unity and strength are mightier than the wealth power of the cowards who absconded after committing the crime.
Let our youths be guided by Kabiguru - "Ei sob murha mlan mukhe dite hobe bhasa; ei sob sranto sushko bhagno buke dhwoniya tulite hobe asha"We have to show those ignorant, pale, voiceless victims the ray of hope for the future.
Twenty-six years of fighting for the right to life, dignity and justice shows the perseverance and courage of Bhopal victims in the face of corporate crime.
The patience of the people of India is legendary, as from the past twenty six years they had dreamt of a tomorrow which will give them food, enlightment, fresh air, strength, healthy and delightful life.
They did get nothing- not even due justice.
Now, even they have given up the hope for getting justice, they still dream of a day when Warren Anderson, who even after being responsible for such a devastating catastrophe is leading a luxurious life due to the strength of wealth power, will come to visit them and will express his regret for the tragic incident.
An apology with folded hands from Warren Anderson would heal a part of their pain as that would provide half the justice they had been waiting for so long.
Will that dream of the Bhopal victims ever come true?
It happened due to the highest level of callousness and irresponsibility shown by a Multinational, Union Carbide Corporation (UCC).
Tales of this tragic incident, happened around the mid-night of 2nd December, 1984 and its after effects are not unknown to us.
Thanks to the media's time to time reporting on the misery of the victims, denial of justice to them, long lasting effects of the poisonous methyl iso-cyanate (MIC) gas, mishandling of the case by both the Central and State government, controversial verdicts by the judiciary etc.
Besides, articles and seminal research work on the issue dealt with the intricacy and complicity of the disaster.
But then, why have we selected this topic for this issue of the newsletter? The answer is simple.
It is the outcry of thousands of Bhopal people for justice; it is the picture of those crippled, deformed and ailing children who have come to this beautiful world without any fault of theirs.
It is the motivation one spontaneously gets from the pale faces and helpless looks of those kids born as the next generation of the Bhopal victims.
It is the conscience that makes one rise against the wrongs committed by others.
In this newsletter, we have not repeated what had happened in the past.
We only focused on some hard facts that may have been forgotten by people with the passage of time, or those may not be known to the public or may not have been made public by the government.
Objective is to help our esteemed readers recapture how the world's worst industrial disaster has been dealt with by our elected representatives.
'Let them eat pollution' Until 1979, Union Carbide India Limited (UCIL), used to import MIC from USA.
In 1979, Federal Govt of USA banned production of MIC in USA.
What could then be the alternatives to UCC? Either to produce Carbaryl based pesticides (sold under the brand name 'SEVIN') by using MIC as an intermediate or through MIC-free routes as was being done by BAYER.
Cost of manufacture is much less in the MIC route compared to the MIC-free route.
Obvious alternative to UCC was to start producing MIC in UCIL's factory in Bhopal.
UCC followed the cue from the comment once made for developing countries by Lawrence Summer, ex-chief economist of World Bank that 'Let them eat pollution'.
UCC knew how to make Indians eat MIC.
Several warnings overlooked and norms of process parameters ignored! The tragic incidents would not have occurred had UCIL followed several warnings given in advance by its employees, engineers and technicians that MIC-related accidents might occur in the factory anytime for violating the norms of process parameters.
The fact is that due to fall in demand of carbaryl based pesticides world over, turnover of UCIL started declining resulting in fall in profit margin.
UCIL started implementing various self-opinionated and self-seeking 'cost cutting measures', namely, downsizing supervisory staffs and skilled workers, reducing cost for regular repairs and maintenance, diluting quality control measures, loosening safety measures etc.
Result was deviation from proper safety regulations, deterioration in the quality of valves and pipe lines, malfunctioning of safety systems, corrosion in the non-stainless steel pipe lines and above all, reduction in the morale of employees.
Despite lack in demand, management continued with the production of MIC causing piling up of stock of MIC.
UCIL stored the large volume of MIC in the existing storage tanks diluting safety norms of storing MIC.
Normally MIC should be stored in small steel drums.
UCIL stored MIC in a large tank whose alarm system was not working on the day of mishap.
UCIL kept one manual back-up system instead of four-stage system which was essential; the flare tower and the vent gas scrubber installed for tracing escaping gas with sodium hydroxide to bring the concentration down to a safe level was out of service for more than four months; strength of the scrubber could withstand only one-quarter of the pressure that was formed for storing large volume of MIC; the flare tower was improperly designed and could only hold one-quarter of the volume of gas that was stored in the tank; the refrigeration system designed to inhibit volatilization of MIC was kept idle; MIC was stored at room temperature instead of 4.
50C as prescribed in the manual.
These technical flaws were encouraged by the management of UCIL compromising safety measures and introducing unproven and unsafe processes.
That these flaws were management made would be evidenced from the fact that management of UCIL did not give any weightage to many prior accidents which signaled the approaching fatal disaster.
A few of them are: In 1976, the two trade unions protested for the increasing level of pollution within the plant; in 1981, a worker was splashed with phosgene gas causing his death 72 hours later; in January 1982, there was a phosgene leak, which affected 24 workers who were to be admitted to hospital; wearing protective mask was not made compulsory; in February 1982, an MIC leak affected 18 workers; in August 1982, a chemical engineer came in contact with liquid MIC resulting in burns over 30% of his body; in September 1982, Rajkumar Keshwani, a Bhopal Journalist wrote prophetic warnings of a disaster in local weekly 'Rajpat' but he was not paid any heed; in October 1982, there was a leak of MIC, methyl carbaryl chloride, chloroform and hydrochloric acid.
In an attempt to stop the leakage, MIC supervisor suffered intensive chemical burns and two other workers were severely exposed to the gases; during 1983 and 1984 there was regular leakage of MIC, chlorine, monomethylamine, phosgene and carbon tetrachloride.
Reports issued a few months before the incident by the scientists within the UCIL warned the possibility of a serious accident but it was ignored.
American experts who visited the plant during 1981, warned UCC of the possibility of "runaway reaction"; local Indian authorities warned the company of problems from 1979 onwards but UCC did not care; UCC admitted in their own investigation report that most of the safety systems were not functioning at the time when the accident occurred in the midnight of 2nd December, 1984.
"The king can not do any wrong" - so, how could UCC do any wrong!! Jai-Ho!! UCC Zindabad What did our governments do in response to such disaster? Did our central and M.
P.
state governments play their due role? Did they discharge their responsibilities as expected of an elected government? Did they handle such a grave situation with a human face or they preformed their duties in a perfunctory manner? To get the proper answer, one needs to revisit key landmark events before and after that fateful night of 2nd December, 1984.
License for setting up the plant for producing poisonous MIC and 'no-objection' from Pollution Control Department were granted despite the plant's location was near a densely populated area.
This was against the prescribed norms.
No action was taken against the erring UCIL for not complying with the statutory requirement for safety measures.
Was it not the height of a hoax? Were the state and central government officials hypnotized with the gimmicky assurance of UCC that 'our Bhopal plant will be as inoffensive as a chocolate factory'? Taking the law in one's hand! The answer to the above question is 'yes'.
Otherwise, why did central government exercise the power of parens patriae (parent of the nation) and prevented the victims from filing suits through lawyers of their choice.
The government also passed the Bhopal Gas Disaster (Processing of Claims) Act, 1985, without consulting the victims or caring for their well-being and took away the victim's right to fend for themselves.
Within days of the tragedy, tort-lawyers from the USA flocked to Bhopal to strike deals with the victims.
American tort lawyers are the most aggressive breeds of the legal profession who secure settlements for huge sums.
Taking advantage of Rajiv Gandhi's lack of experience and naivety, the Prime Minister was persuaded to exercise the power of parens patriae (parent of the nation).
And what did the central government do next? It lodged a suit in a New York District Court claiming $3 billion compensation for the victims.
An attempt was reported to have been made to entrust the task of engaging counsel to Ottavio Quattrocchi.
Knowing the power of American tort lawyers, who are known to be experts in handling such type of cases in USA Courts and could secure verdicts in favour of the victims, UCC, aided and abeted by our central government, succeeded in transferring the case to Indian Courts.
One would be amazed by knowing that N.
A.
Palkhivala, a man of high status helped UCC by giving an affidavit that Indian government would not able to handle mass tort actions and that Indian legal system could deliver justice within a short timeframe.
Shri Palkhivala echoed UCC's statement given in the US Court!! The drama What happened five days after the MIC leak was a drama which naïve citizens of India witnessed.
Warren Anderson, the Hero, reached Bhopal on 7th December, 1984.
M.
P.
Govt.
headed by Arjun Singh presumably with a view to scoring political advantage, spread the news that Anderson was arrested and subsequently got bail.
With this news, US Embassy with plenty of muscle ensured safe return of the Hero to New Delhi with due ceremony.
That was not the final curtain.
The Hero was entertained to tea by the first citizen and received with courtesy by the Union Home Minister, Foreign Secretary and other Ministers.
Finally, many went to see him off to his abode.
14th February, 1989: The day of Champagne Fountain? On this day, central government agreed with the Supreme Court's judgement that UCC was to pay only $470 million as compensation.
The parens patriae agreed to settle for about 15% of the original claim.
The amount is less than 50% of the amount settled by USA government for Action Valdage incident, an oil disaster taken place in 1989 at Alaska offshore in USA.
There are reasons to believe the comment of one of the lawyers of UCC 'A few hundred bottles of Champagne must have popped around the world'.
After all, UCC took away $2530 millions from Bhopal gas victims.
Thanks to Hon'ble Shri N.
A.
Palkhivala.
On - Screen Display of Truths behind Restrained The epic tragedy of Bhopal had shaken people all over the world and they raised their voices and expressed their concern time to time by unveiling the harsh reality behind the tragic fate of Bhopal victims.
Many social activists, artists, novelists, writers and producers made an attempt to bring about various facts relating to the incident through their creations, writings and tried to speak against the injustice made to the Bhopal victims.
Many film makers turned the spotlight and camera to capture the sufferings of Bhopal victims and tried to present the painful story of Bhopal from real to the reel life.
18 documentary and 1 feature film were made on Bhopal tragedy with an aim to make people visualize the sufferings and harsh realities.
Most of them were not made public by the government.
The list of films made on Bhopal tragedy include the famous 'Bhopal express' (1990) that delivers the horrific account of the disaster with a frank and brave intimacy.
The film became very popular among the University students in USA and European Countries and many of them rushed to India to make documentary films based on the issue.
Documentary film entitled 'Beyond genocide and license to die' had directly accused government to be held equally responsible as UCIL for the disaster and its fate.
Doordarshan initially refused to telecast this film.
When the film won the international award and gold medal it was telecast suddenly in the late night without any prior announcement.
There were many more films including: 'Bhopal what next' (1987); 'Chemical Valley' (1991); 'Unrevealing tragedy at Bhopal' (1992); 'Bhopal setting the record straight and Bhopal second tragedy' (1994); The seduction of Dr.
Loa'; 'Litigating disaster'; 'Bhopal The Search for Justice'; '1 Night in Bhopal'; 'Twenty worse without justice'; 'The heart becomes quiet'; 'Cloud over Bhopal' based on the novel '5 past mid night in Bhopal'.
These were not released for public show.
Other misdeeds of the government After the gas tragedy, UCIL plant was closed to outsiders by the Central government.
Was it done to hush up vital facts and data to avoid mass protest and outrage? Outside agencies were barred to take part in the investigation procedures.
UCC was not allowed to take part in the investigation procedure.
Counsil of Scientific and Industrial Research (CSIR) and CBI conducted initial investigation.
CSIR report was formally released after 15 years.
Till date, government has not specified the number of causalities.
After the disaster, the victims were shifted to an unhygienic place where they are still thriving on poisonous drinking water.
390 tons of toxic chemical wastes dumped by UCIL has not yet been removed.
Indians are still eating pollution daily!! How are our Bhopal victims after 26 years? Standing near the factory site of UCIL (now owned by Dow Chemicals) one could see the pictures of misery and disability all over.
One could hear thousands of voices still echoing in the air for justice.
One could feel the pain from the silent faces of the victims.
But alas! their cry for justice failed to touch the heartless government machinery who are still reluctant to remove 390 tons of deadly toxic wastes which is continuously polluting the surrounding environment.
The underground water around the radius of 20 km from the disaster site is still polluted with cyanide.
The government has not given a hygienic shelter and access to safe drinking water to the victim's families.
Stillbirth, neonatal mortality, and giving birth to deformed and crippled child are very common.
Most of the victims are now cancer patients, some of them are leading a paralysed life.
Having not much options for alternative jobs, economic status is much below the poverty level.
Education, which is now the fundamental right of every child, is merely a dream to the disabled children of Bhopal victims.
How long will the curse cast its spell and how long will it destroy the future of innocent children? How many next generations of Bhopal victims will suffer from incurable diseases for no fault of theirs? Probably none can foresee.
It reminds us what Rabindranath Tagore said in his poem, "Ebar Phirao More" in March,1893- "Nahi jane kar dware danraibe bicharer ashe, daridrer bhagobane barek dakiya deerghashwase more se nirobe"They do not know where to go with a hope of getting justice; they prey to the God, heave a sigh and silently die.
How is our "Athithi debo Bhava"? Against the backdrop of sufferings of Bhopal victims and their progeny, the main culprit, 89-year-old Warren Anderson, the then chairman of Union Carbide Corporation, is enjoying his luxurious life in a multi-million dollar palace in New York with his wife avoiding all social contacts.
Thanks to our government and other elected representatives who ensured his safe and honourable exit from India.
Ever since he has neither appeared before any court nor has he cared for CBI summons.
In 1992 he was declared as a fugitive and subsequently as an absconder and did not subject himself to trial.
When Casey Harrell, green peace activist, visited his house in 2002 to serve him a warrant, he refused to identify himself and pretended to be someone else.
By sitting thousand miles away in a splendid mansion, he is hardly touched by the agony of Bhopal victims.
Thanks to the tacit agreement between Indian and USA government.
They are least bothered for the gas victims, already diseased, disabled and dying, with their children disadvantaged, who have spent the last quarter century getting knocked around in legal maze hoping against the hope.
Fate of Bhopal victims What have they got after all these 26 years of sufferings? Supreme Court reduced the charge against the convicts from earlier section 304 (culpable homicide not amounting to murder) to 304A (death by negligence).
Indian judicial system passed its verdict on June 7, 2010 and announced a maximum two years penalty for 8 accused including Warren Anderson, making a trade off with only two years of imprisonment in exchange of 26 years of sufferings and loss of lives for thousands of people.
The governments added to their misery by depriving them of billions of rupees worth of compensation which could have been contributed for better medicare, nutrition and overall support of families whose bread-winners had lost their physical capacity to work.
We wonder how kabiGuru had foreseen such a situation about 117 years ago- "Bedonare kariteche parihas swarthodyata abichar"-injustice energized by obstinate self-interest is making fun of the mental agony of the victims.
Conclusion The 26 years of ignorance followed by the mockery of justice signifies the collective failure of a system.
Thanks to our patriotic politicians, learned judges, highly compensated lawyers and bureaucrats.
What did our intellectuals and young generations do? Why had not they raised their voices against the government machinery? Why have they chosen to remain as silent spectators to the show and did not take active role? Is it that the twenty six years pain, loss and sufferings of the Bhopal victims and their outcry for justice did not prove to be enough to move their conscience? Be that as it may, Bhopal tragedy should act as a wake-up call to us before any other business house dares to sacrifice human life as it was done at the UCIL's factory.
It is the high time when intellects and youths should step forward and encourage the Bhopal people to rise against the power and made them realize that their unity and strength are mightier than the wealth power of the cowards who absconded after committing the crime.
Let our youths be guided by Kabiguru - "Ei sob murha mlan mukhe dite hobe bhasa; ei sob sranto sushko bhagno buke dhwoniya tulite hobe asha"We have to show those ignorant, pale, voiceless victims the ray of hope for the future.
Twenty-six years of fighting for the right to life, dignity and justice shows the perseverance and courage of Bhopal victims in the face of corporate crime.
The patience of the people of India is legendary, as from the past twenty six years they had dreamt of a tomorrow which will give them food, enlightment, fresh air, strength, healthy and delightful life.
They did get nothing- not even due justice.
Now, even they have given up the hope for getting justice, they still dream of a day when Warren Anderson, who even after being responsible for such a devastating catastrophe is leading a luxurious life due to the strength of wealth power, will come to visit them and will express his regret for the tragic incident.
An apology with folded hands from Warren Anderson would heal a part of their pain as that would provide half the justice they had been waiting for so long.
Will that dream of the Bhopal victims ever come true?
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