For those passing by 7 Race Course
Road on
Wednesday, a wet day in the national capital, a strange scene may have
greeted them outside the Prime Minister's residence. People had chained
themselves to the railings of the perimeter gate of the PM's residence
and before too long, were hauled into police vans by the dozen. Who
were these people? And why were they there on such an unnaturally cool
summer day with freshness in the air? These people were survivors and
victims of the Bhopal Gas 'tragedy' protesting against the cacophonous
silence on their two-point charter they have demanded from the man who
lives inside the premises they were gathered outside.
These people had walked 800 kilometres from Bhopal to reach New Delhi
in late March and are still on dharna at Jantar Mantar. But more than
the distance, it is the matter of time nearly quarter of a
century
that has worn them down, that has made them tired. Their charter asks
for two things: one, that a special commission be set up to
rehabilitate families of gas tragedy survivors and those affected by
the contaminated water in Bhopal; two, that the Government of India
pursue legal action against Union Carbide and Dow Chemical. Just in
case the government gets too nervous, compensation doesn't even figure
in the list of demands of these people.
A special commission, they say, is the only mechanism that can ensure
the implementation of assurances of successive PMs that rehabilitation
will be done. The fact that the plight of the survivors has gone from
bad to worse over the last 24 years is proof enough that previous
attempts to coordinate rehabilitation measures through a Group of
Ministers on Bhopal and, since 2006, by a Coordination Committee
have
failed.
Legal action against Dow and Union Carbide is necessary not just for
closure for those bereaved and hurt by the gas and poisoned
groundwater. Survivors say that is the only way to ensure that future
'Bhopals' are not repeated elsewhere. But what has the government done
to hold the guilty accountable? Nothing. Union Carbide and its former
chairperson Warren Anderson, both of whom face charges of culpable
homicide and grievous assault, are absconding from Indian courts since
1992. No fresh attempts have been made by the government to enforce
their appearance in court.
Unrelated to the gas disaster, but arising from the routine operation
of a poorly maintained chemical factory, Union Carbide has also created
environmental liabilities for itself involving the clean-up of
toxic
wastes and contaminated groundwater, and compensating people hurt by
the consumption of the poisoned water. By virtue of its acquisition of
Union Carbide in 2001, Dow Chemical has inherited Carbide's civil
liabilities of clean-up and compensation for water-affected
people.
Also, in acquiring Union Carbide, Dow was well aware that it was
inheriting an absconder. While Dow cannot be held responsible for the
original crime of causing the disaster, it is guilty of harbouring an
absconder an offence under Section 212 of the Indian Penal Code.
In April 2006, when the survivors and victims of Bhopal met Manmohan
Singh after a 35-day walk, 15-day sit-in and a six-day hungerstrike,
the PM promised to explore all options within law to hold Carbide and
Dow accountable. Barely a few months later, the Union Commerce Ministry
approved collaboration between Reliance and Dow for the transfer of
Union Carbide-owned and patented technology. A 900,000-tonne per year
polypropylene plant being built by Reliance in its Jamnagar Special
Economic Zone will use Carbide's Unipol PP technology, catalysts and
process software. This is illegal. Union Carbide's assets in India are
subject to confiscation as per the 1992 order of the Bhopal magistrate.
In 2005, Indian Oil was forced to scrap a deal with Dow involving the
Carbide-owned 'METEOR' technology. Dow had falsely claimed that the
technology to be licensed was its own and not Carbide's in order to
avoid questions about the latter's absconder status.
Why would the Government of India go out on a limb to help Dow
Chemical? A note forwarded by Planning Commission Deputy Chairperson
Montek Singh Ahluwalia to Prime Minister Manmohan Singh has the answer.
The approval, the note says, "was greatly appreciated [by Dow] as a
signal that Dow was not blacklisted as an investor".
Dow's jitters began when the Ministry of Chemical filed an application
in the Madhya Pradesh High Court demanding Rs 100 crore from Dow as an
advance to cover costs of environmental remediation at Carbide's Bhopal
site. In 2005, Dow began a lobbying operation that roped in the support
of a veritable list of influential people in the Government. Indian
Ambassador to the US Ronen Sen, Montek Singh Ahluwalia, Finance
Minister P. Chidambaram, Commerce Minister Kamal Nath, Ratan Tata and
the then Cabinet Secretary B.K. Chaturvedi were soon singing Dow's
tune that any overtures to hold Dow liable for Bhopal-related
issues will
scare away Dow's promised $1 billion investment in India and also
discourage other American investors. Once again, issues of investment
are clouding issues of justice.
Dow's crimes in India do not arise only from its association with Union
Carbide. In February 2007, US financial regulator, the Securities
Exchange Commission (SEC) fined Dow $325,000. The reason: Dow had paid
Rs 80 lakh as a bribe to Indian agriculture ministry officials to
expedite registration of three pesticides Dursban, Nurelle and
Pride.
Talking to faculty members in IIT-Bombay, Dow India CEO and old Carbide
hand Ramesh Ramachandran blamed the bribery scandal on its employees.
Dow, he said, took pro-active action against the errant officials. But
what he did not mention was that Dow had approved this expenditure in
its submission to the SEC. Even worse, the illegally registered
products are still being sold freely in India.
In 2000, Dursban was withdrawn from all home and garden products in the
US. Announcing this, US Environmental Protection Agency chief Carol
Browner declared that this action came after "completing the most
extensive scientific review of the potential hazards from a pesticide
ever conducted. This action, the result of an agreement with the
manufacturers, will significantly minimise potential health risks from
exposure to Dursban, also called chlorpyriphos, for all Americans,
especially children."
Responding to a question about the bribery in Parliament, Agriculture
Minister Sharad Pawar said in May 2007 that a CBI probe was underway.
The probe is concluded. But the report is gathering dust. In the
meantime, the illegally registered pesticides are poisoning our
children, and those guilty are roaming free.
In demanding that the Dow-Reliance deal is revoked, and that the
illegal registration for the pesticides be withdrawn, the people from
Bhopal you may have seen outside the Prime Minister's house on
Wednesday are fighting for a cause much larger than their own.
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