Spread of mass awareness and mass mobilisation, I'd guess, is the only key.

There is neither any shortcut nor any readymade solution, I'd imagine.

Sukla

On 15 June 2010 10:33, venukm <[email protected]> wrote:

> Dear Sulka,
> There is already a campaign on  withdrawing Civil Liability for
> Nuclear Damage Bill 2010; but how do you/we  propose to compel those
> agencies who willfully and knowingly remain  committed to this overt
> piece of legislation?
> Why do  they  collaborate with the nuke hawks at such a great peril to
> the country,
>  and why does the  seemingly simple logic of widespread popular
> protests in response to such nefarious move by the rulers fail in our
> country?
> Interpreting & campaigning  is one thing and getting people organized
> for doing something  is another thing, you may agree.
> What do you think, ought to be  the role of parties sitting inside and
> outside the Indian Parliament in rolling back the  CLND Bill 2010 ?
> What will be like role of a responsible Left , and how you think is
> the unfortunate Bhopal judgement the right context in raising the
> issue?
> Regards,
> Venu.
>
> On Jun 14, 10:08 pm, Sukla Sen <[email protected]> wrote:
> > 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
> >
> > ...
> >
> > read more »
>
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Peace Is Doable

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