By Dipin Damodharan
On December 3, 1984 world’s largest industrial catastrophe occurred in Bhopal of Madhya Pradesh state in India. The disaster happened due to the leak of methyl iso cyanate gas from the Union Carbide India Limited company (UCIL). On that night over twenty thousand people were killed in their sleep, over five lakh suffered and continue to suffer. Did they get Justice? Seven ex-employees, including Keshub Mahindra, the former chairman of UCIL, were convicted in Bhopal of causing death by negligence and sentenced to two years imprisonment and a fine of about $2,000 each, the maximum punishment allowed by law on June 7, 2010 by a trial court in Bhopal.
The Bhopal gas tragedy verdict has taken almost 26 years to come, but here justice is not only delayed but also denied. A serious debate is going on in India on the verdict of Bhopal gas tragedy and the murkier tactics played by the rulers to save the culprits. After the verdict many questions have voiced by the common man in India: Whom does the Government represent? Can the Judiciary be the savior of the rich only?
After the judgment, severe criticisms against US have risen from different parts of the country. Because Warren Anderson, former CEO of Union Carbide company and key culprit of the Bhopal disaster is an American. The company was also a subsidiary of the US Union Carbide Company. But before criticizing the US, let India look within. How Anderson escaped from Bhopal within days of the tragedy? The then Madhya Pradesh state government and central government under the Congress party should explain the story to the Indian society.
Warren Anderson was released after his arrest on December 7, 1984. Soon after this, he escaped from Bhopal in a state government aircraft. Moti Singh, the then district Magistrate of Bhopal revealed that he received orders to ensure that Anderson was granted bail and escorted safely to the Aircraft. Senior Congress leader Arjun Singh was the Chief Minister of Madhya Pradesh government in 1984. He should explain the nation on Anderson’s escape
R C Sodhi, the then aviation director of Madhya Pradesh government also endorsed Moti Singh’s revelation saying he received a call from then CM Arjun Singh’s office instructing him to fly the state plane with Anderson to Delhi. Can we consider Arjun Singh a ruler for the people? After the catastrophe, he never focused on the rescue or rehabilitation measures; his concentration was only on how he can save Warren Anderson.
Shivraj Singh Chauhan, the present Chief Minister of BJP led Madhya Pradesh government has written a letter to Arjun Singh to disclose the name of the person on whose directions Warren Anderson was released on December 7, 1984.He said that the people of Bhopal have a right to this information from their renowned Chief Minister at the time.
Now coming to another legal figure involved in the scandal. A M Ahmedi, former Chief Justice of India. He should answer the reason for why the case against Union Carbide officials was diluted from section 304-2 (culpable homicide not amounting to murder) to 304 A (causing death due to negligence)? Another Judge R S Pathak also betrayed the law. Madhya Pradesh Government demanded a compensation of 3.3 billion dollars from Union Carbide, but the judge R S Pathak watered down the compensation to 470 million dollars. What was the reason behind this? R S Pathak was very well rewarded by the multinational giant. For helping the Union Carbide, he received posting as a judge in the International Court of Justice, Hague in April 1989.
The human rights activists and many organizations expressed their deep dissatisfaction on the verdict. Dr.A P J Abdul Kalam, former President of India has termed as "anguishing" the court verdict in Bhopal gas tragedy and said "the output of law and judiciary was not proportionate to the sufferings of the people." The former President also opined that law and judiciary should treat all citizens as equal. They should not differentiate between them whether they are poor or rich.
The executive, the legislature, and the judiciary of the world’s largest democracy had joined their hands to protect the interests of the rich. Then who would raise voice for the poor. Before showering criticisms on US, India has to bring the guilty under law. Then only India has the right to attack America; then only the world will heed India. Otherwise many Warren Andersons will be born under Indian Judicial system.
Dipin Damodharan is a Journalist (Sub Editor with Jeevan TV) based in Kerala. He is reachable on dipinbharath@gmail.com