Thanks. Sukla
On 14 June 2010 22:27, Kavita Krishnan <[email protected]> wrote: > 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. > 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. 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