[It could have been much worse.
A lot will depend on public pressure in the coming days.
The larger question of safety as regards hazardous industries - the proper
regulatory and monitoring mechanisms based on best international practices
and adequate space for public participation, must be brought to the fore.
This is the right time for that.]

I/IV.
http://economictimes.indiatimes.com/news/politics/nation/Bhopal-GoM-recommends-enhanced-compensation-for-victims-clean-up-of-toxic-waste/articleshow/6077038.cms

<http://economictimes.indiatimes.com/news/politics/nation/Bhopal-GoM-recommends-enhanced-compensation-for-victims-clean-up-of-toxic-waste/articleshow/6077038.cms>Bhopal
GoM recommends enhanced compensation for victims, clean-up of toxic waste
22 Jun 2010, 0616 hrs IST,ET Bureau

NEW DELHI: A top ministerial panel has recommended a virtual revision of the
government policy towards Bhopal gas tragedy victims and the accused, a move
that was widely welcomed although punctuated with cries of “too little, too
late.”

The Group of Ministers (GoM) on Bhopal led by home minister P Chidambaram
favoured enhanced compensation for victims and a government-sponsored
clean-up of the Union Carbide factory premise. It has also voted for
pursuing the extradition of former Union Carbide CEO Warren Anderson, and
favours filing of a curative petition at the Supreme Court seeking stringent
punishment for the guilty, besides examining the liability of Union Carbide
and/or Dow Chemicals that bought over Union Carbide.

The report, submitted to the prime minister on Monday, will be taken up by a
special cabinet meeting scheduled for Friday.

“The GoM most importantly discussed the remediation, health and
health-related matters. Kindly remember that our focus is on bringing relief
to the people who have suffered . There are few thousands who continue to
suffer. We think we have made significant recommendations,” Mr Chidambaram
said.

Welcoming broadly the GoM recommendations , organisations representing the
victims said the panel had but virtually absolved Dow Chemicals from any
liabilities.

“This should have come 25 years ago, but their eyes have opened only now.
Still, better late than never (der aaye durust aaye),” said Rasheeda Bi who
runs the Chingari Trust in Bhopal that looks after over 300 handicapped
children born after the gas leak. The panel has recommended Rs 1,500 crore
be set aside for compensation. The fresh amounts will be given after
deducting the compensation moneys given to the victims in the past.

Rasheeda Bi, who is also a member of Bhopal Gas Peedit Mahila Stationery
Karmchari Sangh, said there should be only one category, and all the victims
should be given Rs 5 lakh each. “They can use this money to get their
medicines, their livelihoods, their treatments. We have to see how much more
struggle lies in front of us. In the past, when compensation was given,
people entitled for Rs 25,000 got only Rs 15,000,“ she said.

In the immediate aftermath of the gas leak 5,295 people lost their lives,
and another 10,047 persons succumbed in the following months. Out of the
5,60,000 affected people, nearly 37,000 were permanently disabled, 3,166
were completely disabled while the rest received minor injuries.

While the figures for the affected was indicative, there may not be any
reclassification as it was done by a committee of judges and medical
personnel . ND Jayaprakash of Bhopal Gas Peedit Sangharsh Sahayog Samiti
member said the new compensation will be meaningless without a
recategorisation. “The injuries suffered by the bulk of the victims at that
time were classed as temporary. But the truth is that, even today, most of
them are still going to hospitals. every month, 1.5 lakh people visit
hospitals every month,” he said.

The GoM also recommended that the Centre take over the Bhopal Memorial Trust
hospital with Rs 230 crore earmarked to upgrade it.

“This is a welcome decision; good doctors have been leaving the hospital .
At present there is a huge shortage of doctors and nurses at that hospital.
It will work better if the state and central governments and the victims
have representation on the board,” said Syed M Irfan, a gas victim, and
member of the Bhopal Gas Peedit Mahila Purush Sangharsh Morcha. The GoM has
recommended that the Indian Council for Medical Research be given Rs 100
crore to undertake new studies on the health status.

The Madhya Pradesh government plan, which had been approved by the Planning
Commission , has also been restructured by the GoM. The Rs 982.75 crore
package now stands at Rs 227 crore. This would go towards six hospitals and
their upgrading, pension for widows , and rehabilitation for the affected ,
including entrepreneurial training. The reason for a smaller package is that
some of the expenses have been taken up by the Centre, like the
environmental clean up.

The toxic waste lying at the factory site will be incinerated at the Common
Transport Storage and Disposal Facility at Pithampur in the Dhar district of
Madhya Pradesh. The 1.1 million tonne of contaminated soil will be treated
and buried in a concrete casing at the UC plant site. The National
Environmental Engineering Research Institute (NEERI), Nagpur, will seal the
five contaminated tubewells and other water outlets. The defunct plant will
be detoxified and dismantled and processed on to rolling mills. A new
memorial for the victims will come up at the site.

The ministerial panel has made certain legal recommendations, but given its
complicated and time consuming nature, the focus was on compensation and
remediation. The legal remedies are being seen as a response to a situation
that became untenable for the Congress after the trail court in Bhopal
sentenced seven executives of the Union Carbide India factory for two years
and let them off on bail earlier this month.

II.
http://timesofindia.indiatimes.com/India/Recognition-at-last-that-compensation-was-measly/articleshow/6076942.cms

‘Recognition at last that compensation was measly’Suchandana Gupta, TNN, Jun
22, 2010, 05.06am IST

<http://timesofindia.indiatimes.com/India/Recognition-at-last-that-compensation-was-measly/articleshow/6076942.cms>BHOPAL:
The recommendations made by the Group of Ministers on Bhopal, delayed as
they doubtlessly are, come as a relief to thousands of people who have
suffered emotionally, physically and financially, over the last 26 years of
litigation, swinging all along between hope ignited by their own struggle
for justice, and despair arising out of a cold and apathetic system. But the
GoM recommendations also raise questions regarding Warren Anderson, cleaning
up the toxic waste and other foreign companies now "absconders".

Activist and victim Champa Devi Shukla lost her husband and two sons to the
gas tragedy. Her daughters gave birth to still born babies. A decade ago,
her only grandchild was born deaf and mute with multiple disabilities. But
on Monday, Champa Devi smiled when she heard of the GoM report. "It’s still
not very clear what will be the outcome... But we are hopeful because the
Centre has at last taken a stand and joined the victims in their struggle
for justice," said Champa Devi. "To recognize that our compensation was
measly is a major development." On Monday morning, victims and NGOs welcomed
the report even before it could be submitted to the Prime Minister. People
in gas-affected parts of Bhopal gathered at street corners to discuss the Rs
10 lakh compensation for the dead. "We are yet to see a copy of the report.
But there are a number of unanswered questions," said Satinath Sarangi,
convener of the Bhopal Group for Information and Action, a victims’ NGO.

"By government records, only 5,300 victims are in the ‘death’ category while
more than 17,000 who died later were registered as ‘injured’. It was argued
that many of these people had died of TB. But the government must recognize
that these victims contacted TB because their lungs were damaged by leak,"
said Sarangi. NGOs wondered whether the government will recognize those who
died in the aftermath of the gas tragedy as death claims.

"It would be injustice if families of victims who died later are not
compensated like those killed that night," said Abdul of Bhopal Gas Peedith
Mahila Udyog Sangathan.

III.
http://www.hindu.com/2010/06/22/stories/2010062262861200.htm

 *‘Compensation packages wrongly calculated'*

Mahim Pratap Singh

*They are based on faulty medical categorisation and miscalculated figures:
survivors' organisations
*

 BHOPAL: The report on the Bhopal gas leak submitted by the Group of
Ministers (GoM) to Prime Minister Manmohan Singh on Monday drew mixed
reactions from survivors' organisations here, which have decided to write to
him to allow them a hearing at a Cabinet meet to be held on Friday.

While welcoming it as “at least some hope after all,” major survivors'
organisations termed the report a pacifier. “We are yet to see the official
copy, but from what we hear, there are certain concerns that need to be
addressed,” said Abdul Jabbar of the Bhopal Gas Peedith Mahila Udyog
Sangathan.

“It is unfortunate that there is no mention of the Empowered Commission on
Bhopal promised by the Prime Minister,” Mr. Jabbar added.

Objections were particularly raised over the issue of revised compensation
based on faulty medical categorisation and miscalculated figures.

“According to our information, compensation packages are based on old
categorisations and figures. If that is the case, I have to say it is
unfair,” said Satinath Sarangi of the Bhopal Group for Information and
Action.

For instance, of the total number of registered death cases, 15,274 (death
claims were actually 22,146, but only 15,274 were approved) only 5,300 would
receive the Rs.10 lakh compensation recommended in the GoM report, leaving
out 9,974 cases (unofficially around 17,000).

Similarly, compensation for the permanently injured (C category) and
temporarily injured (B category) was also decided based on the 1989 figures.

Further, the GoM did not consider the number of people registered by the
office of the Welfare Commissioner, Bhopal, as dead, disabled and injured
from 1989 till 1996, leaving out a large number of eligible claimants.

The GoM report also leaves out the number of people who died after 1996 due
to medical complications caused by the gas leak. Unofficial sources put this
number at around 20,000.

The compensation packages are as follows: Rs.10 lakh for the dead, Rs. 5
lakh for the permanently injured, and Rs.3 lakh for the temporarily injured.
The first two categories amount to six per cent of the cases. Ninety-four
per cent of the cases which fall under the third category (temporary
disabled) will be eligible for Rs.3 lakh minus the Rs.50,000 already paid to
them as compensation in two instalments — Rs.25,000 from 1992 to 2004 and
the other Rs.25,000 on a pro-rata basis from 2004 to 2007.

The figure mismatch of the 15,274 death claims occurred as the GoM
considered the figures used in the 1989 Supreme Court-brokered financial
settlement of $470 million.

“There is no mention of the second and third generation victims and the
constant medical complications being caused by the contaminated drinking
water,” Mr. Jabbar said.

On the GoM's recommendation of legal recourse to pursue the extradition of
Warren Anderson, former chairman of the Union Carbide Corporation, Mr.
Sarangi said: “Why just Anderson? The government should also try to bring to
book the Union Carbide Corporation (New York) and the Union Carbide Eastern
(Hong Kong) since they are also absconders. This would open the option of
slapping a monetary fine on the two corporations, which could be used for
the relief and rehabilitation of the victims.”

Objections were also raised over the recommendation of earmarking Rs.300
crore of public money for cleaning up the area on and around the Union
Carbide factory premises.

Wrong precedent

The organisations pointed out that this would set a wrong precedent for
other corporations to evade their environmental responsibilities.

“Chief scientists of various hazardous waste disposal companies have told us
that India is not technologically quipped to dispose of the hazardous waste
lying in the factory and it will have to be shipped out. So even Rs.300
crore wouldn't be sufficient for the clean-up,” Mr. Sarangi said.



*
*

III.
http://www.livemint.com/2010/06/22114137/Dow-Chemicals-deny-responsibil.html?h=E

 Dow Chemicals deny responsibility for Bhopal tragedy

According to a top Indian government official who attended the five sessions
of the GoM, the government plans to pursue a case to claim financial
compensation from Dow Chemicals

Liz Mathew

New Delhi: Dow Chemicals, the US based company that acquired the assets of
Union Carbide Corp, has said that it cannot be held responsible for the 1984
Bhopal gas tragedy, and called attempts to affix responsibility to the
company “inappropriate and misdirected.”

The response came immediately after reports suggested that a Group of
Ministers (GoM) constituted by Prime Minister Manmohan Singh to look into
all issues relating to the Bhopal gas leak disaster would try to establish
the liability of the company.

Pointing out that the GoM have not issued any formal public report on their
recommendations, Scot Wheeler, spokesperson of Dow Chemicals, in an email
response to Mint said, “There are some who continue to try to fix
responsibility for the Bhopal tragedy to the Dow Chemical Company, but the
fact is that Dow never owned, operated nor inherited the facility in
Bhopal.”

Wheeler added: “Efforts to attached Dow are inappropriate and misdirected.”

According to a top Indian government official who attended the five sessions
of the GoM, the government plans to pursue a case to claim financial
compensation from Dow Chemicals.

Dow acquired the international assets of Union Carbide Corp., the parent of
Union Carbide India Ltd, in 1999. Union Carbide Corp. had, in 1994, sold its
Indian assets to Eveready Industries India Ltd. An executive at the Indian
arm of Dow directed queries to the US parent, representatives of which
couldn’t immediately be reached for comment.


<http://www.livemint.com/2010/06/22114137/Dow-Chemicals-deny-responsibil.html?h=E>









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