*Why Prime Minister must raise issue of Dow's liability for Bhopal disaster with the US President*
*Why Prime Minister must raise issue of Dow's liability for Bhopal disaster with the US President* *Madhya Pradesh Govt must make Justice S L Kochar inquiry commission's report on Bhopal disaster public * *Next date of hearing in Dow's case on March 14 in Bhopal Court * *Dow set aside $2.2 billion for UCC's asbestos-related liabilities but denies liability for Bhopal disaster * Now that Barack Obama, President of USA will be in New Delhi as chief guest on the Republic Day, Prime Minister Narendra Modi must raise the issue of accountability of Dow Chemicals Company the way Obama did in the case of British Petroleum (BP) oil spill in Gulf of Mexico in 2010. In this case the oil major had to pay a USD 20 billion as fine and for the cleanup. He must raise the issue of fugitive corporations Union Carbide Corporation (UCC) and UCC Kowloon's successor which are absconding from Indian law. They are Dow's subsidiary corporations. Obama's intervention can ensure that they are made appear in the Indian court. The US District Court had subjected them to Indian jurisdiction. Obama must be told about the double standards adopted by Dow which has set aside $2.2 billion to address future asbestos-related liabilities arising out of the UCC's acquisition. Dow which purchased UCC and its Indian investments is denying inheriting any liability for the Bhopal disaster. Meanwhile, Madhya Pradesh High Court has held UCC's parent company, Dow Chemicals Company worth $58 billion responsible for the clean-up of the contaminated site in an ongoing case. On August 4, 2014, a Bhopal district court issued its third criminal summons to Dow directing it to appear before it on November 12, 2014 but it did not do so. The next date of hearing is on March 14, 2015. The concluding paragraph of the judgment on the Bhopal Gas Disaster in the Court of Chief Judicial Magistrate (CJM), Bhopal, Madhya Pradesh (MP), dated June 7, 2010 reads: "Mr. Warren Anderson, UCC USA and UCC Kowloon Hongkong are still absconding and therefore, every part of this case (Criminal File) is kept intact alongwith the exhibited and unexhibited documents and the property related to this case, in safe custody, till their appearance." Warren Anderson's death does not end the criminal case against UCC, USA and UCC Kowloon, Hongkong (and its successor company). At this critical moment Madhya Pradesh Government must make the report of Justice S L Kochar inquiry commission public. The commission was constituted to inquire into the reasons for Bhopal gas tragedy in 2010. It visited the UCCs factory premises in August 2014 and asked the Madhya Pradesh Pollution Control Board to give a fresh special report on the toxicity situation on the factory premises. The Commission was set up after the June 7, 2010. Some four years passed but the Commission's report is yet to see the light of the day. In the meantime, Madhya Pradesh High Court's division bench of Chief Justice Ajay Khanvilkar and Justice Vandana Kasrekar admitted a petition on November 20, 2014 demanding that the report of Justice Kochar commission be made public. It is germane to recollect that Wikileaks disclosed the help of Henry Kissinger as US National Security Advisor (NSA) in setting up of Bhopal plant. The email leak of US deputy NSA, Michael Froman dated July 30, 2010 disclosed how Government of USA warned "noise about the Dow Chemicals issue" could "put a chilling effect on the investment relationship" in response to India seeking US support in World Bank. The previous government seems to have caved in to such uncalled for arm twisting. The issue of liability of Dow Chemicals Company for UCC's responsibility for the ongoing disaster in Bhopal would be a litmus test for the Modi government. Notably, Prime Minister Modi met US President for official talks on September 30, 2014 in USA immediately after UCC's former CEO Anderson's death. The disclosure of news of death could have overshadowed the meeting between Obama, Modi and eleven heads of US corporations. When J F Keenan, District Judge of the District Court of USA pronounced his verdict on June 26, 2012 in the case of Janki Bai Sahu, et al Vs UCC and Anderson, he rubbed salt to the wounds of the victims. The judge in question revealed his insensitivity for the third time by referring to victims' quest for justice as "a discovery expedition worthy of Vasco da Gama." US judiciary's indefensible approach towards the victims of industrial disaster in India, gives a sense of déjà vu. The US Environmental Protection Agency issued a final rule on July 12, 1989, banning most asbestos-containing products. US EPA's grounds for the ban stated "asbestos is a human carcinogen and is one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings." But the Fifth Circuit US Court of Appeals of New Orleans overturned the ban imposed by USPEA on October 18, 1991. Giving a severe blow to the reputation of US judiciary, more than 50 countries have found that USEPA was right. On UCC/Dow's liability, Prof. Michael Addo, Chair, UN Working Group on Business & Human Rights said, "The Bhopal question is not a surprise. It was a deliberate decision to bring the issue to learn from it. But I don't know where it will land" at the recent 3rd UN Forum on Business and Human Rights. Prime Minister Modi may have been kept in dark about the death of Anderson, when he was in US last time. But now the Prime Minister cannot say he did not know about Dow's liability. Unless he seeks reverse the previous government's approach of playing second fiddle, India will remain a subordinate ally and not an equal partner. Modi government must not miss the opportunity of giving a clear message to the transnational corporations that they cannot get away with corporate massacres and subversion of judicial process. About 30 years before his death on September 29, 2014, Anderson, the supreme authority for Bhopal based plant was arrested at 2 PM on December 7, 1984 in Bhopal, Madhya Pradesh. He was released on a Bail Bond dated December 7, 1984 that reads: "*I, Warren M Anderson s/o John Martin Anderson am resident of 63/54 Greenidge Hills Drive, Greenidge, Connecticut, USA. I am the Chairman of Union Carbide Corporation, America. I have been arrested by Hanumanganj Police Station, District Bhopal, Madhya Pradesh, India under Criminal Sections 304 A, 304, 120 B, 278, 429, 426 & 92. I am signing this bond for Rs. 25,000/- and thus undertaking to be present whenever and wherever I am directed to be present by the police or the Court.*" US Government ensured that Anderson did not appear in the Indian court to face trial although Anderson personified corporate crime but his death does not end the quest for justice. The case against UCC, USA and UCC Kowloon, Hong Kong is intact. Obama must be persuaded to ensure that they are made liable and accountable for their acts of omission and commission else democratic governments will become subservient to corporations. *For Details*: Gopal Krishna, ToxicsWatch Alliance (TWA) Mb: 08227816731, 0981808966 0, E-mail:[email protected], Web: www.toxicswatch.org <http://www.google.com/url?q=http%3A%2F%2Fwww.toxicswatch.org&sa=D&sntz=1&usg=AFQjCNE2fYQEpFA8eWgMlKQT3kJ2587QMA> -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at http://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
