More than 25 years after the deadly gas leak from the Union Carbide plant in Bhopal on the intervening night of December 2-3, 1984, which caused the world’s worst industrial disaster that has since killed 15,134 and affected over half a million people, the local court on June 7, 2010 held former chairman of the Union Carbide India Limited (UCIL) and six others guilty under bailable sections of the Indian Panel Code and sentenced them to two years imprisonment. The accused were fined about Rs 1 lakh each and immediately granted bail. The seven held guilty were all UCIL officials and its former Vice Chairman, Vijay Gokhale. The accused were pronounced guilty under sections 304 A (causing death by negligence), 336 (endangering life and safety), 337 (causing hurt), and 338 (grievous hurt). The verdict that the political parties, various victims’ nongovernmental organizations (NGOs), and the international media called a travesty of justice as justice was not only delayed and denied for 25 years but buried too with the long, painful losing battle of the victims.
The Roles of the CBI, the MEA, and the Complex Legal Procedure
As the country seethes with anger over the denial of justice to victims, BR Lall, former Joint Director who headed the probe, made a stunning disclosure that the investigating agency was forced by the Ministry of External Affairs in 1994 not to press for extradition of Warren Anderson. Narasimha Rao’s Congress government was in office from 1991 to 1996, and the charge sheet for culpable homicide not amounting to murder (Section 304 of IPC) that attracted a maximum punishment of 10 years imprisonment was changed to death due to negligence (Section 304A) by the Supreme Court on September 13, 1996. Therefore, it would be unkind to blame the trial court of CJMP Mohan Tiwari for handling mild punishments to the Bhopal gas leak accused, whose collective negligence caused the worst-ever industrial catastrophe.
Appearing for the CBI, then additional Solicitor General Altaf Ahmed had argued before the SC that the accused knew the potential dangers of the lethal gas escaping and hence should be tried under the stringiest provisions. Ample material evidence was produced by the prosecution in support of the charge sheet indicating that all accused shared common criminal knowledge about the potential danger of escape of lethal methyl icocyanate (MIC) gas on account of defective plant and operational shortcomings detected by the Vardarajan Expert Committee Report.
Union Carbide, from its US office, maintained that it was not subject to the jurisdiction of the Bhopal court and insisted that its officials were not involved in the operation of the plant, which was owned and operated exclusively by the UCIL.
Dilution of Charges
Immediately after the verdict, the victims and the legal experts decried it as a ‘mockery of justice’ and viewed the dilution of the charges by the SC in 1996 as unjustified as the apex court had erred by converting the charges from Section 304-II to Section 304A (death caused by a rash and negligent act, under which BMW hit and run accused was tried) as the management of the UCIL knew that necessary safety measures were not in place. A leak of the kind that resulted in the tragedy was a distinct possibility.
Legal experts alleged that the CBI failed to back the case with available credible evidence, resulting in milder punishments for the accused. However, the CBI also helped the main accused, the then-UCIL Chairman Warren Anderson, who was released on bail to escape and abscond. India’s repeated extradition requests to the US were rejected on the plea of his no culpability in the Bhopal disaster.
After the verdict, the US said it hoped the Bhopal gas tragedy case would not inhibit its growing ties with India or affect the nuclear liability bill currently before Parliament and that the verdict would bring some closure to the families of the victims of the tragedy. Connecting the court verdict in the Bhopal gas tragedy case with the Nuclear Liability Bill, the opposition parties asked the government to reconsider the nuclear bill, arguing that it ‘shielded’ the private suppliers and that the CBI should immediately appeal against it.
Disappointed Victims
Disappointed with the court verdict in the Bhopal gas tragedy case, activists, who have been fighting for justice for the families of victims, said on June 6, 2010, that they will appeal before the High Court against ‘diluted charges against the culprits. Eminent lawyer KTS Tulsi agreed with the activists, saying that the investigating agencies and prosecutors “mishandled” the case and judges acted like a “recording machine.” “It is the sheer incompetence of investigators as well as prosecutors. They must share the blame. In a trial like this, the judges ought to have made up the deficiency, directed further investigation, and ought not to have become merely recording machines,” Tulsi said. He said even the press was not vigilant enough to prevent an attempt to cover up the role of the accused in the case. “It is the obligation of the judiciary that people get justice. Unfortunately, in this case, they have not gotten justice,” Tulsi said. The people were extremely disappointed because many did not know that the charges were diluted. Sarangi of Bhopal Group of Information and Action, an activist involved with the case for two decades, said, ‘Now, they find that the world’s worst industrial disaster has been converted into something like a traffic accident.” Meanwhile, protestors showing their resentment in many parts of the country trampled posters of Anderson, demanding his hanging.
The Blame Game
Meanwhile, more for political gains rather than any sympathy towards victims, the BJP and Congress started vicious blame games over the escape of the then Chairman Warren Anderson and relief measures at the cost of hapless victims. Within the Congress party, some politicians started blaming the then political leadership in Centre and state governments for sorting out personal vendettas and old scores.
Compensation and Rehabilitation
It’s been over 25 years since the Bhopal gas tragedy, and all these years, most of the victims still have not got a penny from the government. Yogiraj Sharma, former Madhya Pradesh’s Health Director, managed to get four lakh rupees – the highest compensation ever for his physically and mentally challenged daughter, born three months after the gas leak. Contrast this with Leela Bayee, who was refused compensation for her son, who was born three years after the tragedy. Pradeep is 20 but looks 13, which private doctors say could result from the gas leak. The court said that he was not eligible for compensation as he was born after the tragedy. A former BJP MLA too used his clout to get three lakh rupees after battling for nine years for the death of his brother, who died of renal failure after MIC exposure. But for 40-year-old Nafisa Ali, a teenager at the time of the disaster, it was a constant battle with sickness. All she got was a measly twenty-five thousand rupees. She died of renal failure.
Waheed Khan, a local lawyer, is still fighting against the bias in compensation to gas victims. “Either their cases were rejected, or they received the minimum compensation of 25 thousand. On the other hand, we see the influential people have received the highest amounts,” said Waheed Khan, a counsel for the victims.
As against a billion-dollar compensation in demand, in 1989, the Supreme Court brokered an out-of-court settlement between the Indian government and Union Carbide – a full and final settlement of 470 million dollars, absolving Union Carbide of all criminal and civil liabilities.
Even the statistics of the injured and the dead were manipulated. The 470-million dollar compensation was meant for only one lakh and eight thousand victims, as quoted by the government at that time, despite widespread protests against this underestimation.
Eventually, the number of affected people increased to nearly six lakh. But the compensation money was not, so each victim received far less than they should have, and many did not even receive a single penny.
The deal between the government and Union Carbide brokered by the Supreme Court in 1989 fixed the compensation to be paid at a measly $ 470 million- though a sum of $3 billion had been spoken earlier, and the pittance paid as compensation came a good many years after the tragedy. As for the medical rehabilitation of the victims, apathy characterized the government’s efforts. Hospitals were set up, but securing proper treatment remained a constant struggle for the victims. No study on the long-term effects of MIC poisoning was done, and even the Indian Council of Medical Research abandoned its project. The economic rehabilitation of the victims remained largely on paper.
It is no secret that the Maoists have taken advantage of corruption, harassment by the low-level bureaucrats, and lack of development to establish their operational heavens. The country must realize that misgovernance and corruption erode the authority of the state, and the hapless poor Bhopal gas tragedy victims who did not get any compensation are the ideal cadres for criminal and Maoist activities.
Environment and Contamination
The Bhopal Gas Tragedy exposed significant deficiencies in India’s environmental regulations. Although the Environment Protection Act of 1986 was a significant advancement, obstacles persist in the effective implementation of the act and the reinforcement of enforcement by Pollution Control Boards. In addition, to optimize their efficacy, the National Environment Protection Authority and the National Green Tribunal require substantial assistance. The necessity of enhanced environmental safeguards and a renewed emphasis on remediation initiatives is underscored by the persistent contamination of the Bhopal site and the presence of chemicals in the surrounding environment.
Reconstitution of Group of Ministers (GoMs)
With growing criticism of the verdict on the Bhopal gas tragedy, the government, on June 9, 2010, reconstituted a Group of Ministers under the Home Minister Chidambaram to go into a range of issues, including remedial measures and make appropriate recommendations relating to relief and rehabilitation of the victims and their families of the December 1984 Bhopal gas disaster. The Prime Minister has tasked the reconstituted GoMs to submit their report in 10 days, even though numerous earlier constituted GoMs for action plans for rehabilitation, clean-up factory sites, supply of clean drinking water, and the empowered commission had miserably failed.
Justice Gets Another Chance
The Supreme Court decided on August 30, 2010, to review its 14-year-old decision, in which it diluted the charges under Section 304 part- II to Section 304 against seven accused in the gas tragedy by dropping culpable homicide charges. Section 304A attracts a maximum jail term of two years, while Section 304 part II carries a maximum punishment of 10 years. This will help prevent miscarriage of justice.
The Indian government filed a curative petition to the Supreme Court to request additional compensation from Union Carbide Corporation (UCC), currently a subsidiary of Dow Chemical. The government contended that the $470 million settlement from 1989 was insufficient in light of the substantial number of victims.
The Supreme Court disregarded the government’s curative petition in March 2022, asserting that the 1989 settlement was final and could only be invalidated or based on fraud. The court ruled that the government had exhibited “gross negligence” by failing to obtain sufficient insurance or compensation in the immediate aftermath of the disaster.
The court observed that over 5.7 lakh claimants had already received ₹1,549 crore in original compensation and ₹1,517 crore in pro-rata compensation. It instructed the government to allocate the remaining ₹50 crore to resolve any outstanding claims.
In conclusion, the courts have upheld the original 1989 settlement despite Prime Minister Manmohan Singh’s government’s efforts, stating that it is too late to seek additional compensation decades later. The emphasis has shifted to properly distributing the existing compensation funds to the victims and their families.