Sukla's concise comment is right on the mark. On 14 June 2010 22:22, Sukla Sen <[email protected]> wrote:
> While the demand for justice, i.e. stricter punishment for those who were > directly responsible for ignoring the issue of safe industrial practices in > case of the UCIL chemical plant in Bhopal handling hugely hazardous stuff > and also those who are complicit in getting them off the hook, is profoundly > justified; it is time to focus our attention on the larger issue of > industrial safety, particularly as regards the hazardous industries. > > It is only in the fitness of things that Civil Liability for Nuclear Damage > Bill 2010 is attracting large public attention, given the fact that nuclear > industry is just not only highly hazardous from uranium mining to power > plant - without any safe method for disposal of nuclear wastes, it is also > potentially catastrophic as chillingly demonstrated by the Chernobyl > accident on April 26 1986. > > Laws providing ground rules for adequate compensations etc. and provisions > for stricter punishments are, however, far less than enough even if direly > needed. Safety norms for industries must be updated as per international > best practices and credible and efficient monitoring mechanisms must be put > in place. Effective public participation in decision making and monitoring > has got to play a large role. > There is an abiding need to turn our gaze to these aspects going beyond the > strict limits of immediate concerns. > > Sukla > > On 14 June 2010 21:45, venukm <[email protected]> wrote: > >> This trajectory of 26 years- long litigation was not anything but >> anticipated. 'Nationalist' leaders of all hues were playing dramas, >> while they conspired all along to protect the interests of the >> corporate giant and to cheat just not the affected people but the >> entire country. >> Let us ask for example, which party will sincerely make such a demand >> to the SC to reopen the 1996 decision diluting the criminal charges >> including charges of culpable homicide? >> Why did the entire political class keep silent since the days of the >> 'historic' judgement that virtually compromised the Bhopal Industrial >> (Genocide) Crime, despite the fact that there has been enough voices >> of concern from the citizens' groups demanding justice for the >> affected people? >> >> On Jun 14, 5:32 pm, Sukla Sen <[email protected]> wrote: >> > I/II. >> > From: Gopal Krishna <[email protected]> >> > Date: 14 June 2010 16:20 >> > >> > [Attachment(s) <#129366eb23017344_1293623ed6b14c6f_TopText> from Gopal >> > Krishna included below] >> > >> > *Press Note* >> > >> > * Bhopal**’s Industrial Catastrophe Caused Due to Emergency * >> > >> > * No Inquiry on US Corporation’s Research and Development (R&D) Centre >> so >> > far * >> > >> > *New Delhi**-The affidavit from Central Bureau of Investigation’s most >> > recent affidavit in the Court of Chief Judicial Magistrate, Bhopal* >> provides >> > information that implies that had Emergency been not imposed Bhopal’s >> > catastrophe caused by the US Corporation’s acts of omission and >> commission >> > would not have happened. (Relevant pages of the affidavit attached). >> There >> > is a compelling logic for an independent probe in the entire issue >> ranging >> > from granting of industrial license, escape of Warren Anderson, role of >> > Indo-US CEO Forum to lobbying by industrialists and ministers to absolve >> Dow >> > Chemicals of liability. >> > >> > It emerges that industrial license to US Corporation’s chemicals plant >> was >> > granted during the period when Indira Gandhi as Prime Minister had >> invoked >> > Article 352 to declare Emergency in the country from 25th June 1975 to >> > 21stMarch 1977 during 21-month >> > regime. The 7th June, 2010 verdict of the Bhopal court (attached) >> states >> > that Union Carbide Corporation too refers to the application for >> industrial >> > license on page no.4. According to the CBI’s recent affidavit, on >> > 1stJanuary 1970, Union Carbide Company had “applied for industrial >> > license for >> > manufacture of 5000 tones MIC- based pesticides” required under The >> > Registration and Licensing of Industrial Undertakings Rules, 1952. An >> > application for the registration of an existing industrial undertaking >> is >> > made to the Ministry of Industry (formerly to Ministry of Industrial >> > Development), Government of India. >> > >> > The application was signed by E. A. Munoz, a General Manager in the >> > company. The company did not get industrial license for more than 5 >> years. >> > There must have been sufficient reason to withhold permission for >> industrial >> > license. After the imposition of Emergency, the company was granted the >> > license on till 31st October, 1975 exactly nine years prior to her >> > assassination in 1984. The verdict notes that the issuance of industrial >> > license to Union Carbide Company for manufacture of MIC- based >> pesticides on >> > 31st October, 1984. >> > >> > R K Sahi, the then Deputy Director in the Ministry of Industrial >> Development >> > (former Deputy Advisor, Planning Commission) has informed that the >> entire >> > department was against grating of the industrial license. The officials >> in >> > the Ministry knew that obsolete and discarded technology and machinery >> was >> > being transferred to India for which the license was granted by >> bypassing >> > the due process. There was political interference in the granting of the >> > industrial license. >> > >> > The manufacture of Methy Isocynate (MIC) commenced with effect from >> > 5thFebruary, 1980, information regarding which was sent to the >> > Department of >> > Chemicals and Fertilizers vide letter dated 19th February, 1980. The >> company >> > informed the Ministry of Industrial Development on 12th November, 1982 >> about >> > the commencement of production in 1980, while requesting for renewal of >> > agreement that was to terminate in 1982. >> > >> > The verdict by Mohan P Tiwari, Chief Judicial Magistrate, Bhopal, Madhya >> > Pradesh notes “Union Carbide Corporation , 39,Old Ridgebury Road Danbury >> > Connecticut ,USA 06817” and Union Carbide Corporation, (Eastern) Inc. >> 16th >> > Floor New World Office Building (East Wing) 24, Sabury Tsimsa Tsu >> Kowloon >> > Hongkong, as absconders. On page 25 of the verdict, it states, “(z) It >> is >> > worthwhile to mention here that the Government of India and the Team of >> > Scientists admittedly was never permitted to visit the Plant at >> Verginia, >> > USA. No brochure, or any other documentary evidence demonstrating the >> > similarity between the two plants at Verginia and Bhopal has been >> produced >> > before the court by the defence.” >> > >> > On page 95 of the verdict, it is stated, “Mr. Warren Anderson, UCC USA >> and >> > UCC Kowlnn Hongkong are still absconding and therefore, every part of >> this >> > case (Criminal File) is kept intact alognwith the exhibited and >> unexhibited >> > documents and the property related to this case, in safe custody, till >> their >> > appearance.” In the verdict, it is stated that “Dr. S. Varadarajan PW57, >> was >> > the Head of the team of experts who visited the Plant Site very next day >> of >> > the incident. He is an expert having excellent qualification. M.Sc. PhD. >> > From Delhi & Cambridge several Honorary D.Scs also former President all >> > three major Indian Academy of Science Bangalore, Indian National Academy >> > Delhi started by Shri M.N. Shah and Indian National Academy of >> Engineering >> > and a number of other Societies. (q)Dr. S. Vardharajan PW57, in para 2 >> of >> > his statement states that there were several defects, such as MIC is a >> > liquid but it evaporates with air and is highly toxic on inhilation as >> it is >> > made of carbon monoxide. Carbon monoxide converted into Phosegen, is >> > required to be utilized immediately and not to be stored. Storage of MIC >> > should have been highly limited only to meet the requirements for >> conversion >> > into Sevin as little as possible. (r) In Para 5 he further says that the >> > design required inhibitor to prevent voluntary polymerization of MIC. >> > Polymerization produces very high temperature and that accelerates >> > polymerization in an explosive manner. There are design defects, such as >> use >> > of Carbon, Steel and other material and pipes and other materials. These >> are >> > leading to corrosion in the presence of even quantities of Hydrogen >> > Chloride, Hydrochloric Acid (HCL) arising from Phosegen, Chloroform and >> > other Chloride materials.” Although the design fault by the US >> corporation >> > is established, the criminal liability of the Union Carbide’s case is >> yet to >> > be settled. >> > >> > It is noteworthy that Justice S Muralidhar, Delhi High Court in his >> seminal >> > paper titled “Unsettling Truths, Untold Tales: The Bhopal Gas Disaster >> > Victim’s ‘Twenty Years’ of Courtroom Struggles for Justice” concluded >> that >> > the cases concerning Bhopal gas disaster should not conclude till >> justice >> > has been done to every victim. Each strand of litigation is pending at >> > various stages and the questions that have arisen remain >> unsatisfactorily >> > answered.” He had aptly underlined in May 2004, “The extent of >> concealment >> > and subterfuge practised by UCC and UCIL in screening away from scrutiny >> the >> > extent of risk to which the MIC plant at Bhopal was subjecting the local >> > population. The enormous lies of the UCC and UCIL now stand exposed. It >> is >> > indeed disturbing that despite the Union of India and the State of >> Madhya >> > Pradesh knowing fully well the extent of contamination of the plant >> site, >> > neither of those entities did anything at all to enforce the liabilities >> of >> > the UCC and UCIL and claim damages under this head. The settlement which >> the >> > Supreme Court approved on February 14/ 15, 1989 stands severely flawed >> with >> > every passing day. There now appears no possible justification for the >> order >> > made on those two fateful dates. Every assumption on which the orders >> were >> > based was wrong both on facts and on law. Notwithstanding the defiant >> > posture of the Supreme Court in its review petition that its powers >> under >> > Article 142 justified its approval of the settlement, which foreclosed >> all >> > present and future civil and criminal claims, the court itself has had >> to >> > reject the judgment in the review proceedings as an applicable precedent >> for >> > future cases. The wrong remains an irremediable wrong. It bears >> repetition >> > that the assumptions on which the settlement is approved was that the >> number >> > of deaths was 3,000 and the number injured in the range of 1,00,000. In >> > March 2003, the official figures of the awarded death claims stood at >> 15,180 >> > and awarded injury claims at 5,53,015. The underestimation was slightly >> > above 5 times. The range of compensation which was assumed in the >> settlement >> > order would be payable was Rs.1 to 3 lakhs for a death claim, >> Rs.25,000/- to >> > Rs.1 lakh for temporary disablement and Rs.50,000/- to Rs.2 lakhs for >> > permanent disablement. Each death claim has been awarded not more than >> Rs.1 >> > lakh and on an average an injury claim has been settled for as little as >> > Rs.25,000/-. The failure of the judiciary to account for the views of >> the >> > Bhopal Gas victim has been pervasive.” >> > >> > While the fact of Supreme Court itself being on trial following such a >> > litigation disaster is established, what is yet to be established is >> > legislative competence to ensure universal jurisprudence for >> corporations. >> > If Dow Chemicals escapes liability, if Anderson remains an absconder and >> > goes unpunished, it sets a dangerous precedent for democracies all over >> the >> > world. >> > >> > In Volume 5, Hazard Assessment of Chemicals, published by Hemisphere >> > Publishing Corporation, Washington, page no. 236, it refers to suspicion >> > that in addition to the chemical pesticide plant, the Research and >> > Development (R&D) Centre that Union Carbide which operated in Bhopal >> since >> > 1976 was experimenting with wartime use of chemicals. It remains >> shrouded in >> > mystery although it was reputed to be among the best in the world with >> the >> > R&D Centre having 3 green houses, 5 insect rearing laboratories and an >> > experimental farm of 2 hectares. The processing of new chemicals at the >> R&D >> > Centre had increased from 50 in 1980 to 500 in 1982 and the Centre was >> > projected to test 5000 chemicals in 1985 because many chemicals could >> not be >> > tested in USA because of stricter environmental regulations. This R&D >> centre >> > too came up during Emergency. This i*ndustrial disaster has aptly been >> > called the Nagasaki and Hiroshima of peace time but the suspicion >> regarding >> > it being a consequence of experimenting with time chemicals is yet to be >> > probed. >> > * >> > >> > By the end of First World War, Union Carbide Corporation (which has >> merged >> > with Dow Chemicals in 2001) had moved from metal and carbon to gases and >> > chemicals and expanded to atomic energy production during Second World >> War. >> > Its operations in India began in 1905 in Calcutta. It had dry cell >> > manufacturing plant in Chennai in 1942 and in Hyderabad in 1967. In >> 1968, >> > the agricultural office of the company had moved from Mumbai to Bhopal. >> At >> > the time of Bhopal disaster it was the 7th largest company in the world >> > headquartered at Danbury, Connecticut, USA with 700 operations in 38 >> > countries. >> > >> > For Details: Gopal Krishna, ToxicsWatch Alliance, Mb: 9818089660, >> > >> > E-mail: [email protected], Blog: toxicsatch.blogspot.com, Web: >> www.toxicswatch.com >> > >> > __._,_.___ >> > >> > Attachment(s) from Gopal Krishna >> > >> > 1 of 1 File(s) >> > UCIL.pdf < >> http://xa.yimg.com/kq/groups/8951350/625681332/name/UCIL%2Epdf> >> > >> > II. >> http://www.deccanherald.com/content/75035/conspiracy-politics-betraya... >> > >> > < >> http://www.deccanherald.com/content/75035/conspiracy-politics-betraya...> >> > Conspiracy, >> > politics and betrayalColin Gonsalves >> > *“The victims should approach the Supreme Court directly for review of >> the >> > 1996 order.”* >> > >> > The paltry payments made to the victims, the escape of Anderson on a >> > government plane, the neglect of the babies born subsequently with >> terrible >> > deformities and ailments, the inability of the state to clean the >> > contaminated soil, the petty sentences rendered and the 26 long years in >> the >> > trial court, all seems separate instances which though regrettable are >> > treated as issues of governance and not one of politics, conspiracy and >> > betrayal. Let’s not look at the past, we are advised, let’s look to the >> > future to ensure that such an incident does not take place again. But >> unless >> > we understand the treachery of the past it is impossible to change >> things >> > for the future. >> > >> > *Rajiv’s American connect * >> > Indira Gandhi's death and the appointment of Rajiv Gandhi as Prime >> Minister >> > of India marked the end of the era of the Indian version of social >> democracy >> > started by Jawahar Lal Nehru and the beginning of American style >> > globalisation. Rajiv Gandhi started off well with Ronald Reagan, the >> then >> > President of United States. It is said that the understanding between >> these >> > two leaders ultimately led to the pitiable settlement being agreed to by >> > India, the quashing of all criminal liability and the removal of >> Anderson >> > from Indian soil. Arjun Singh, naturally, will be made the scapegoat as >> if >> > decisions of this magnitude could be taken without the Prime Minister's >> > approval. >> > >> > In the power play of globalised politics, all this is understandable >> though >> > it may make us angry. But the inability of the Supreme Court of India to >> > stand firm and side with the people of India against UCC and the >> government >> > of the United States of America left many Indians confused and >> frustrated. >> > The long line of decisions starting from 1989 ultimately left them >> bitter. >> > >> > *American system better* >> > It was in the interests of the victims to have the cases tried in >> America >> > where substantial damage would have been awarded. In the Exxon Valdez >> oil >> > spill case where no one died, $507 million was awarded. In the Vioxx >> drug >> > case where 47,000 consumers suffered heart attacks, strokes or death, $ >> 4.85 >> > billion was paid on an average of $103,000 per plaintiff. In asbestos >> > litigation, jury verdicts range anywhere from $ one million to $20 >> million >> > in compensation per person. In the Lockerbie bombing case Libya paid $ >> 2.7 >> > billion or $ 10 million per family. >> > >> > Legal luminaries flocking to represent Dow Chemicals was understandable. >> > Nani Palkhiwala made a strenuous attempt by filing affidavits in the >> > American courts to have the litigation brought to India. The then >> Attorney >> > General, Soli Sorabjee, argued against giving the victims a hearing and >> > justified the quashing of criminal proceedings. What was inexplicable >> was >> > the attitude of the judiciary. >> > >> > In February 1989, in a cryptic three-page order containing no reasons, >> the >> > Supreme Court accepted the settlement of $ 470 million as "just, >> equitable >> > and reasonable" and quashed all criminal proceedings. In May, reasons >> were >> > given after an afterthought. Chief Justice R S Pathak then resigned on >> being >> > nominated by India to the World Court at The Hague. >> > >> > After indignant protests in the country, in 1991, the Supreme Court >> > reinstated the criminal proceedings. In 1996, the Supreme Court quashed >> the >> > charges of culpable homicide not amounting to murder and voluntarily >> causing >> > grievous hurt and introduced the death due to criminal negligence charge >> > carrying a maximum sentence of two years. The hands of the trial court >> were >> > tied. It is now up to the Chief Justice of India to right this historic >> > wrong. >> > * >> > SC must reopen* >> > The Supreme Court must reopen the 1996 decision diluting the criminal >> > charges and reinstate the culpable homicide charge and the charge of >> > voluntarily causing grievous hurt. If this is done the accused can be >> > sentenced up to 10 years in prison. >> > (The writer is a senior advocate of >> > the Supreme Court.) >> > >> > -- >> > Peace Is Doable >> >> -- >> You received this message because you are subscribed to the Google Groups >> "Green Youth Movement" group. >> To post to this group, send an email to [email protected]. >> To unsubscribe from this group, send email to >> [email protected]<greenyouth%[email protected]> >> . >> For more options, visit this group at >> http://groups.google.com/group/greenyouth?hl=en-GB. >> >> > > > -- > Peace Is Doable > > -- > You received this message because you are subscribed to the Google Groups > "Green Youth Movement" group. > To post to this group, send an email to [email protected]. > To unsubscribe from this group, send email to > [email protected]<greenyouth%[email protected]> > . > For more options, visit this group at > http://groups.google.com/group/greenyouth?hl=en-GB. > -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. 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