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Some lessons from the Bhopal outcome - V. R. Krishna Iyer [4 Updates]
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the Bhopal outcome - V. R. Krishna Iyer
Manoranjan <[email protected]> Jun 15 01:53PM +0530 ^
http://beta.thehindu.com/opinion/op-ed/article454799.ece
Some lessons from the Bhopal outcomeV. R. Krishna Iyer
The court verdict shows that India is still in a Victorian imperial-feudal
era, distances away from the socialist dream.
The mass slaughter that occurred in Bhopal on December 2, 1984 was the
consequence of an American multinational corporation dealing with Indian
lives in a cavalier manner. Some 20,000 people were “gasassinated.” Yet,
after 26 years of trial, the culprits get two years of rigorous imprisonment
as punishment. Such a thing can happen only in bedlam Bharat.
The President of the United States and the white world, and the Prime
Minister of brown India, shout themselves hoarse against terrorism by the
Taliban and the Maoist-naxalites. However, when it came to carnage caused by
an American company in a backward region of India, it took all of 26 years
to get a court judgment.
India is but a dollar colony, and so the “gasassination” has been treated as
a minor crime. This is Macaulay's justice of Victorian vintage still ruling
India. Our Parliament and the Executive are less concerned with the lives of
‘We, the People of India'; their deprivation is of little consequence. The
judiciary is another paradigm of insouciance and it is often indifferent to
its fundamental duty of issuing a swift verdict. Parliament is too busy
making noises to be able to make laws to defend citizens' lives. The
investigative-judicial delay that has occurred is unpardonable for a crime
of this kind.
Indian courts will do justice — if proper judges are appointed and fair
procedures are made, if sensitive and sensible laws are enacted and the
Executive has the needed independence, alacrity and integrity.
*Trust violated*
Meanwhile, this socialist democracy continues to be a cause for despair for
the common people. This contradiction must end. We have enough human
resources to redeem the pledge of the Father of the Nation whose ambition
was to wipe every tear from every eye. This trust of Indian sovereignty was
ludicrously violated in Bhopal.
Every poor man in hungry despair resisting the British Empire was once
called a Congressman. When the Congressman came to power after freedom,
every hungry militant was called a Communist. When the Communists came to
power in some States and still kept many people starving, these poor men
were called naxalites.
Does India have a future? Yes, provided the glorious Constitution and the
marvellous cultural tradition, sharing the vision of both Karl Marx and
Mahatma Gandhi, are realised. Have we such a sensitive perception? Have the
instrumentalities under the Constitution a noble mission and a passion? Have
the judges such an ambition? The Bhopal decision shows that India is still
in a Victorian imperial-feudal era, distances away from the socialist dream.
One extraordinary feature of the outcome is that the highest officer who was
involved in Union Carbide, Warren Anderson, is nowhere in the picture. This
is but mockery of justice. If the chief criminal is beyond the party array,
the millions who are the victims are being mocked by the trial of lesser
offenders. In exempting the powerful from criminal jurisdiction, the law has
become lame. Is an American criminal immune to investigation by an Indian
court order? Such discrimination makes justice risible.
Over the 26 years it took, what was the Supreme Court, with so many judges
who have original jurisdiction to try cases when fundamental rights are
violated, doing? The Government of India did not move the court for an early
trial? Now the Law Minister says he is not happy with this two years'
rigorous imprisonment that has been granted. During these 26 years, no
amendment to Sections 300 to 304 of the Indian Penal Code was moved or
enacted, or severe punishment written into the Penal Code. This by itself
constitutes dereliction of duty on the part of Parliament and the Executive.
The political parties that were in power during these years are also guilty
of culpable neglect: they slept over the noxious infliction on Indian
humanity.
Fair compensation has not been paid to the victims. A huge hospital financed
by Union Carbide was built in Bhopal. But it is not for the poor but the
rich. It is over the bodies of the poor that the hospital building was
built, and still the have-nots have no access to it. The Supreme Court,
seemingly lost in issues relating to its own allowances and perks, did not
call up the case from the trial court and decide it at once.
Warren Anderson is a closed chapter for the U.S. The most powerful nuclear
nation has its bizarre sense of justice which should give courage for the
Indian plural masses to resist dollar colonialism. Americans are above our
rule of law. Brown India must be satisfied by White Justice where MNC bosses
are indicted.
Washington swears by the Universal Declaration of Human Rights. But it uses
a nuclear treaty to leverage things to its own advantage. India has no guts
to call this bluff. We have MNCs with cosmic jurisdiction. Anderson is an
American, so is Union Carbide. Its ukase is just on Asian fuel in earth.
Indian justice is for municipalities and panchayats, not beyond.
http://beta.thehindu.com/opinion/op-ed/article454799.ece
--
With Regards,
Manoranjan
Koraput
+91 94372 33361
Manoranjan <[email protected]> Jun 15 02:05PM +0530 ^
http://beta.thehindu.com/opinion/op-ed/article454799.ece
Some lessons from the Bhopal outcomeV. R. Krishna Iyer
The court verdict shows that India is still in a Victorian imperial-feudal
era, distances away from the socialist dream.
The mass slaughter that occurred in Bhopal on December 2, 1984 was the
consequence of an American multinational corporation dealing with Indian
lives in a cavalier manner. Some 20,000 people were “gasassinated.” Yet,
after 26 years of trial, the culprits get two years of rigorous imprisonment
as punishment. Such a thing can happen only in bedlam Bharat.
The President of the United States and the white world, and the Prime
Minister of brown India, shout themselves hoarse against terrorism by the
Taliban and the Maoist-naxalites. However, when it came to carnage caused by
an American company in a backward region of India, it took all of 26 years
to get a court judgment.
India is but a dollar colony, and so the “gasassination” has been treated as
a minor crime. This is Macaulay's justice of Victorian vintage still ruling
India. Our Parliament and the Executive are less concerned with the lives of
‘We, the People of India'; their deprivation is of little consequence. The
judiciary is another paradigm of insouciance and it is often indifferent to
its fundamental duty of issuing a swift verdict. Parliament is too busy
making noises to be able to make laws to defend citizens' lives. The
investigative-judicial delay that has occurred is unpardonable for a crime
of this kind.
Indian courts will do justice — if proper judges are appointed and fair
procedures are made, if sensitive and sensible laws are enacted and the
Executive has the needed independence, alacrity and integrity.
*Trust violated*
Meanwhile, this socialist democracy continues to be a cause for despair for
the common people. This contradiction must end. We have enough human
resources to redeem the pledge of the Father of the Nation whose ambition
was to wipe every tear from every eye. This trust of Indian sovereignty was
ludicrously violated in Bhopal.
Every poor man in hungry despair resisting the British Empire was once
called a Congressman. When the Congressman came to power after freedom,
every hungry militant was called a Communist. When the Communists came to
power in some States and still kept many people starving, these poor men
were called naxalites.
Does India have a future? Yes, provided the glorious Constitution and the
marvellous cultural tradition, sharing the vision of both Karl Marx and
Mahatma Gandhi, are realised. Have we such a sensitive perception? Have the
instrumentalities under the Constitution a noble mission and a passion? Have
the judges such an ambition? The Bhopal decision shows that India is still
in a Victorian imperial-feudal era, distances away from the socialist dream.
One extraordinary feature of the outcome is that the highest officer who was
involved in Union Carbide, Warren Anderson, is nowhere in the picture. This
is but mockery of justice. If the chief criminal is beyond the party array,
the millions who are the victims are being mocked by the trial of lesser
offenders. In exempting the powerful from criminal jurisdiction, the law has
become lame. Is an American criminal immune to investigation by an Indian
court order? Such discrimination makes justice risible.
Over the 26 years it took, what was the Supreme Court, with so many judges
who have original jurisdiction to try cases when fundamental rights are
violated, doing? The Government of India did not move the court for an early
trial? Now the Law Minister says he is not happy with this two years'
rigorous imprisonment that has been granted. During these 26 years, no
amendment to Sections 300 to 304 of the Indian Penal Code was moved or
enacted, or severe punishment written into the Penal Code. This by itself
constitutes dereliction of duty on the part of Parliament and the Executive.
The political parties that were in power during these years are also guilty
of culpable neglect: they slept over the noxious infliction on Indian
humanity.
Fair compensation has not been paid to the victims. A huge hospital financed
by Union Carbide was built in Bhopal. But it is not for the poor but the
rich. It is over the bodies of the poor that the hospital building was
built, and still the have-nots have no access to it. The Supreme Court,
seemingly lost in issues relating to its own allowances and perks, did not
call up the case from the trial court and decide it at once.
Warren Anderson is a closed chapter for the U.S. The most powerful nuclear
nation has its bizarre sense of justice which should give courage for the
Indian plural masses to resist dollar colonialism. Americans are above our
rule of law. Brown India must be satisfied by White Justice where MNC bosses
are indicted.
Washington swears by the Universal Declaration of Human Rights. But it uses
a nuclear treaty to leverage things to its own advantage. India has no guts
to call this bluff. We have MNCs with cosmic jurisdiction. Anderson is an
American, so is Union Carbide. Its ukase is just on Asian fuel in earth.
Indian justice is for municipalities and panchayats, not beyond.
http://beta.thehindu.com/opinion/op-ed/article454799.ece
--
With Regards,
Manoranjan
Koraput
+91 94372 33361
Akshay Gupta <[email protected]> Jun 16 12:34AM +0530 ^
thnk u sir this is a wonderful article and i really appreciate it....
--
Akshay Gupta
Gujarat National Law University
09A011
+91 9904703101
kishore <[email protected]> Jun 16 10:16AM +0530 ^
S we really appreciate on the concern of Bhopal Issue to both Mr Manoranjan
and Mr Akshya. Kishore
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