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Lv 6
? asked in Politics & GovernmentLaw & Ethics · 1 decade ago

What are your reactions to the judgement on Bhopal Industrial tragedy..?

A court in Bhopal held eight former officials of Union Carbide India Ltd (UCIL) guilty of criminal negligence in the world's worst industrial disaster 25 years back. The eight include Keshub Mahindra, who then headed UCIL, from whose pesticide plant tonnes of lethal gas leaked on Dec 2-3, 1984 night, killing thousands instantly and many more later. The death toll is believed to be about 25,000.

The verdict on the Bhopal gas tragedy has "come late", National Human Rights Commission (NHRC) chairperson and former Chief Justice of India K G Balakrishnan said on Monday. Inadequacy of a sentence is a ground for appeal and the aggrieved parties can appeal on the same ground," he added.

http://timesofindia.indiatimes.com/india/Bhopal-ga...

And more sad part of it is this!!!! :

All the eight convicts in the Bhopal gas tragedy have been sentenced to two years in jail and a fine of Rs 1 lakh each and, got bail for a surety of Rs 25000 each. Those convicted can appeal to a higher court.

The Union Carbide's Indian arm is found guilty and is fined of Rs 5 lakh for India's worst industrial disaster that claimed 15000** lives and injured 50000 people. The then CEO of the Union Carbide Warren Anderson is not convicted as he is still absconding.

The verdict in Bhopal applied only to Indian officials of the former Union Carbide's Indian arm while separate cases have been filed against the company and its overseas officials.

http://ibnlive.in.com/news/bhopal-gas-tragedy-2yr-...

** The estimates sharply varies among sources - govt and private organisations.

If you visit any website on Bhopal tragedy it would be clear that the accident was NOT unexpected but lot of safety measures were carelessly shut off under either ''economy measures'' or gross negligence, risking lives of not just the workers of the massive industy complex, but the people of Bhopal, who paid for the lapses with their lives!!

And govt and politicians were keen to help the culprits by every means. The NDTV / BBC clips also show how activists are enraged by the 'diluted charges' and the paltry sentence secured by authorities, after wasting quarter century in conduct of the case - which is viewed as great betrayal of innocent people and principles of justice.

What is your take on this?

Update:

I thank all for the response. Particularly Shy, Bala, Aryan etc have given very elaborate and well reasoned views.

Our govt normally doesn't play the same cards of justice against foreign elites, whether it was Anderson or Quadrochi. They are always seen as special and their govts also come for their help. An ex President of US went all the way to have a journalist released in north Korea, nut our Govt is so stoically silent over killings of dozens of fisherman by the neighbour's navy...!

So the utter apathy of govt and the CBI who is the Prosecutor are most disappointing.

Court should have pulled up the CBI for putting up such a weak offensive against those who by their criminal negligence perpetrated the worst industrial tragedy in history. It is strange that Law Minister calls it ''injustice'' just to disconnect the matter from govt purview!!

So all this drama at the expense of people is sure to suffer serious repurcussions in years to come. For i believe in Dharma

13 Answers

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  • 1 decade ago
    Favorite Answer

    hello poondi sir,

    i have received your email few days back and i apologize to you that i wasn't able to answer that due to my tight schedule of examination.

    now coming to your current question. you have raised a very valid point. year 1984 was a dark year for India. because in that year we saw a great leader of India dying and also with her 3000 people and adding to woo was Bhopal Gas tragedy that killed thousands of people and many more to suffer from the side effect of chemicals. and my sympathy lies to all the victims that had suffer the tragic incident.

    and thereby i agree with you that punishment to culprits of this incident is too late too low. this tragedy is again the victim of our failing administration and show that our courts need instant reforms. i agree with you that this incident wasn't mere accident but serious mishap in Industrial safety and norms which the accused company had to follow if it was somewhere in America or Europe but wasn't able to do that because it took Indian government and it's rules for granted. i wish that this company must be charged of intentional killing in supreme court and thus must be made to pay ransom to public that were victim and also must suffer a international Ban.

    but sorry to say that our Government is equal culprit in this case because they too didn't perform their duties.first of all how they granted a such a dangerous company to be near city that have sizable population. moreover why weren't government official performed visits to that company for checking whether there were safety equipments and people that can ensure the safety in case of fire or other disaster.

    moreover Govenrment is also accused for giving low ransom to people and that too very late.i have heard that even today many people are remaining that haven't got any money from the government for their loved ones.i think Madhaya pradesh minsters and chief minister of that time must be booked into laws because they ignored the human rights. but sorry to say even for that thing to do we are too late.

    i fully sympathize with the victims of Bhopal gas that ave suffered at that time and are made to suffer till today.

  • ?
    Lv 4
    5 years ago

    If one of the largest and most valuable companies in the developing world now DOW chemical wasn't so big and its resources so vast perhaps the judgment would have been more swift and possibly more justified, but the fact is that it happened in an area stricken by poverty and they were the white knights coming in to boost the economy but the lack of oversight coupled with the amount of greed in the local business men created an environment where short cuts are demanded and the required quality and safety regulations would be almost unknown to the workers. Had this happened in America they would have been a bankrupt company after a few short years and unending lawsuits. Exxon, DOW, and BP have had huge disasters in the past but their money keeps them from having to do anything about it, they just pay off regulators and lawmakers so they only pay pennies on the dollar for what they did. I mean for the price of a couple lawsuits they can pay off a hand full of regulators and government officials, not to mention there's no cap on the amount of money a company can give a running gov. or senator's campaign.

  • 1 decade ago

    SHAME.......A NATIONAL SHAME...

    The verdict is another tragedy for the victims. 26 years after India's worst industrial disaster, which killed 25 thousand people, disabled 1.2 Lakh people permanently and affected 5 Lakh, but still the wait for justice is not over. These criminals were convicted for only 2 years and then bailed within 2 minutes by signing a bond of Rs. 25,000.

    Sir, what a coincidence... In 1984, Anderson was also bailed for Rs. 25,000

    25,000 people were killed and these mass murderers were bailed for just Rs. 25000. That means Re 1 for each life. Thats the cost of an Indian life, just 1 rupee.

    But Sir, this is not the fault of only court, actually the whole system has failed completely. Its the fault of Govt of India, CBI and Our Judiciary including Supreme Court. I'm sorry but I have to include Supreme Court but the biggest culprit is Govt of India, right from Rajiv Gandhi to AB Vajpayee, everyone is a culprit.

    Sir, if u don't agree with me then please answer these :

    1) Why did we let Warren Anderson fly out of India, that too just 4 days after the tragedy ??

    2) Why did the people who claim to represent us sold us out completely ??

    3) Why did they dilute the charges intentionally ??

    4) Why did the court allow dilution of charges ??

    5) Why did we ask for extradition of Anderson only after 19 years of the incidence ??

    6) Why only after 20 years Supreme Court accepted that the gas victims were 5.73 lakh and not 1 lakh.

    It doesn't matter who the PM was but the story remained the same. Every Govt was trying to compromise the interest of Bhopal Gas Victims. The govts were hand in glove with those who wanted to save the skin of top officials of UCIL.

    Sir please correct me if I'm wrong.

    1989 - Govt opts for out for court settlement. All the criminal and civil liabilities against UCIL were dropped. What more...$3 billion should have been the compensation but they gave only $470 million and the Govt settled for that i.e 1/7th of the amount demanded.

    1994 - Govt failed to prevent sale of UCIL thus the grip of Indian Courts on the main accused was loosened

    1996- Charges against UCIL were wattered down just to negligence by SC and CBI failed to go for revision petition.

    2002 - CBI moved court to dilute charges against Anderson but fortunately the court rejected

    Thats why I'm saying the script of this verdict was written much earlier and every Govt has contribution in it.

    Sir, we can't go in past and change the things but even our future is in danger. What about the "Nuclear Liability Bill" which the Govt is going to bring soon in Parliament ?? According to it, if some thing like this happens in any of the 18 nuclear plants then the onus of compensation would be on Indian Partner.

    Why don't we learn from past ??

  • Sir No comments. If 2 years Jail & 1lakh fine can suffice 25,000 people killed on lapse of some safety measures by the company, after 26 years Ok.

    I don’t know whether accountability applies to govt. authorities who have cleared the project without due consideration as well as the authorities who have to check the safety standards after installation.

    The plant should have been permitted in a place where human habitation is very far and any small villages near the site should have been vacated by giving suitable compensation prior to the approval of the site.

    If authorities are pulled properly, there will be a meaning. Again a justice after 26 years is almost a justice ……….

    ___________________________________________

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  • 1 decade ago

    I recall a dialogue in the comedy film (political satire) Mohamad Bin Tuglak released decades ago:

    Minister: Mr Tugalak protestors have burnt rail engines and bogies..

    Tuglak (PM): Our engines are fit for burning only.. go on..

    Something like that! Many Govt schools and Health Centre buildings are so old with no periodic maintenance / repairs that students are assembled under trees or Health staff / public live in fear of roof falling any time..! When buildings in constant visit of people are like this, who knows what safety lies within the high rise buildings and fenced industries? Many accidents go unreported or explained away as freak accidents rather than due to poor maintenance or lack of safety systems in place!

    The safety provisions in Indian version of the Union Carbide was far short of the US factory of the same Co. as per reports! There was no supervision by the Industrial safety people or any other authority. There has been accidents of sorts before the massive tragedy shook the whole city of Bhopal.. Experts have visited and lacunae have been identified but no authority ever cared to follow up if the safety measures were installed in time.

    In modern times, the integrity of institutions and govts are not going on pace with the advancement of technology and complexity of sorts. Supervisory institutions have become lax due to much interference in their roles as well as due to corrupt intents, at the risk of worker / public safety.

    It is unfortunate that instead of booking the supervisory depts that failed to plug the risk factors in the high risk factory also, for criminal negligence, even the management of the factory is let off with a light punishment after decades of atrocious delay. Govts have exhibited their scant concern for employee and public safety down the years, and the woes of affected people still to be compensated for the losses in health suffered makes sad reading.

    The info that the Co had already made a payment for the tragedy and had the management also transferred to another Co is sad story. The new owners of UC claim that they have done every thing possible, while the ground facts reveal contrary position. There has been wrong estimates, leaks in the channels of disbursements and inadequacy of reliefs (as always happens) as well. It is shocking that even the toxic debris had not been cleared fully till date and the pollution of ambience is going on!!!!

    The American owner Mr Andersaon has been allowed to escape to US without giving effect to extradition treaty in place between US and India. The familiar soft corner for the rich and powerful people is evident in the govts (both India that did not press for the hand over of the accused and US who did not comply with the feeble request of India - all the time baling out sermons on human rights to the whole world!!!).

    With deliberate deficiencies allowed to continue at the risk of safety, leading to unprecedented damage and destruction, the people at the helm of both countries had exposed their least concern for the criminal negligence ending up in massive loss to human lives. As such the govts are answerable too.

    And this govt apathy, encouraged the firm to claim that the accident was a ''sabotage'' of disgruntled employees and not due to lapse of the Co..!! Full details of govt investigations was not disclosed to public to obviously prevent Activists using them against govts / Co.

    This calamity was therefore, not just a physical ''accident'' but a blatant incident worked by utter negligence and lack of professional ethics of the co., the govt depts empowered to supervise and the courts as well. That courts took the weak charge sheets for consideration itself has caused a further massive calamity to human ethics..!!

    All tall talks of equality and liberty, human rights and justice delivery.. claimed and boasted by govts are false and hollow slogans, to cheat the people!!

  • ?
    Lv 7
    1 decade ago

    At least a judgment came after 25 yrs. Bofors case closed without any judgment. C B I is the personal property of - -- ?

  • Anonymous
    1 decade ago

    the right punishment to this culprits would be if i was to judge it would have been puting them in a room and leave the same gas that killed so many innocent people.........and i would also like to say to everybody that try and do not use the products of this industry ......like everready cells , etc etc..(they have many products that we use daily).this would be small but helpful tribute or help to our beloved indian people...who lost their lives in that tragedy...........atleast they should have got lifetime imprisonment yaar...to bad dicission toooo bad........deeply hurted every indian feelings....

  • SHIVA
    Lv 7
    1 decade ago

    I can only say now nothing can cover up the loss those people have suffered and whatever govt is giving is not reaching to genuine sufferers .

    Source(s): bn
  • Anonymous
    1 decade ago

    to dupe people of india further in court cases, sonia gandhi's congress has recently roped in KGB also, not the russian secret service.

  • ?
    Lv 7
    1 decade ago

    1 be lated judgement.

    2.crime proved but punishment insufficient

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