June 17, 2010. Seven Bhopal survivors’ organisations today sent a letter to the Group of Ministers on Bhopal (GoM), the group of ministers set up by Prime Minister Manmohan Singh to co-ordinate response to the ongoing disaster. The full text of the letter can be read here.
The letter presents the consensus reached by the organisations on decisions and actions that must be taken by the GoM to meaningfully address issues of justice and the opportunities for a life of dignity for the survivors.
Drawing attention to the unprecedented national and international awareness of the negligence of successive Central and State governments towards the Bhopal survivors over more than a quarter of a century, the survivors express the hope that their letter and accompanying roadmap will inspire ministers to consider their long pending demands from the Central government in the Group of Ministers meeting scheduled for tomorrow, June 18.
The signatories are Children Against Dow-Carbide, Bhopal Gas Peedit Nirashrit Pension Bhogi Sangharsh Morcha, Bhopal Gas Peedit Mahila Udyog Sangathan, Bhopal Gas Peedit Mahila Purusg Sangharsh Morcha, Bhopal Gas Peedit Mahila Stationery Karmchari Sangh, Bhopal Gas Peedit Sangharsh Sahayog Samiti and Bhopal Group for Information and Action
THE SURVIVORS’ DEMANDS IN FULL
A) Medical, Economic, Social and Environmental Rehabilitation of the survivors of the disaster and those exposed to ground water contaminated by Union Carbide’s hazardous waste.
1. Set up an Empowered Commission on Bhopal with adequate authority and funds to be able to design and implement plans for medical care, training and employment generation, monthly pensions for those in need of support, supply of clean drinking water and protection from poisons in the soil and ground water in and around the abandoned Union Carbide factory. The earlier GoM headed by Mr. Arjun Singh in its meeting on June 11, 2008 has already approved the setting up of the Empowered Commission on Bhopal (ECoB) and the Government of India has conveyed its commitment to setting up the ECoB through public declarations by M/s Prithviraj Chavan and Ramvilas Paswan on May 29 and August 8, 2008 respectively. The proposal for the ECoB has been approved by several ministries and the Planning Commission.
2. Make good the shortfall in compensation in accordance with the directions of the October 3, 1991 revised order on settlement of the Supreme Court of India. There is documentary evidence to show that the settlement amount of 470 million dollars was not decided on the basis of deaths and injuries caused by the disaster but on the ease with which Union Carbide Corporation could pay the amount from its insurance coverage and special fund. The actual number of people who died and are injured as a result of the disaster is at least five times more than the figures used in arriving at a settlement amount. There is also substantial documentary evidence to show that injuries suffered by claimants were deliberately under assessed so that the overall damage caused by Union Carbide could be tailored down to fit the paltry settlement amount. While exposure related deaths continue to occur to this day, registration of exposure related deaths was stopped, without forwarding any reason or basis, in 1997. We believe that it is still possible to right the wrongs deliberately committed in the distribution of compensation if the Central government summons the necessary political will to do so.
3. Ensure provision of clean drinking water to the residents of the communities within 3 kilometers of the abandoned Union Carbide factory particularly in the North and North-east directions as per Supreme Court order of May 7, 2005. Despite allocation of Rs. 14.12 crores in 2006, due to the negligence of the Madhya Pradesh State government in this vital matter, today over 20, 000 people are forced to drink water contaminated with cancer and birth defect causing chemicals and heavy metals and chemicals that cause damage to liver, kidneys, lungs, brain and the skin. The toxic contamination of ground water in these communities has been documented in 12 government and independent studies starting from 1990 and most recently in December 2009 by the Central Pollution Control Board (CPCB) and the New Delhi based Centre for Science and Environment.
4. Ensure excavation and containment of thousands of tonnes of hazardous waste that lie all over the surface in the factory premises and are buried within the factory premises and the Solar Evaporation Landfill 400 meters north of the factory. The safe excavation and containment of hazardous waste will stop the ongoing leaching of toxic chemicals and heavy metals in to the aquifer and prevent further environmental damage.
B) Criminal Liabilities against Indian and Foreign Accused
1. Set up a Special Prosecution Cell in the CBI for securing the extradition of the absconding foreign accused and enhancement of sentences against the Indian accused.
2, Send appropriate requests for extradition of authorized representatives of Union Carbide Corporation, USA and Union Carbide Eastern Incorporated, Hong Kong and Warren Anderson.
3. Ensure execution of summons issued by Chief Judicial Magistrate, Bhopal against authorized representative of The Dow Chemical Company, USA on January 6, 2005. There has been a stay on the execution of summons in the MP High Court for the last 5 years.
4. Ensure that the prosecuting agency inspects the Methyl Isocyante plant in Institute, West Virginia, USA as per order of Chief Judicial Magistrate (CJM), Bhopal, on 06 July 1988, to substantiate charges of double standards of design safety.
5. Ensure that the prosecuting agency takes cognizance and criminal action against the sale of Union Carbide patented technology to Reliance Petroleum Limited and other agencies while it is absconding.
6. Ensure that a revision petition is filed by the prosecution against the June 7, 2010 order of the Bhopal, CJM against the Indian accused in the Sessions or the High Court.
7. Ensure that the Central government files a curative petition in the Supreme Court for a revision of the order dated September 13, 1996 that diluted the criminal charges against Indian accused.
C) Environmental Liabilities
1.Pursue the application filed by the Central government in the High Court of Madhya Pradesh in May 2005 for making The Dow Chemical Company, USA pay Rs. 100 Crores as advance for cleaning up the toxic contamination in and around the abandoned Union Carbide factory. Enforce the appearance of The Dow Chemical Company, USA in the case by piercing the corporate veil and taking action against its Indian subsidiary, Dow Chemical International Private Limited.
2.Ensure safe transportation and disposal of the thousands of tonnes of hazardous waste in hazardous waste treatment facilities in OECD countries.
3.Join the ongoing litigation in the US Federal Court against Union Carbide and others for environmental clean up, payment of compensation for personal and property damages and costs of health monitoring.
D) Action against crimes of The Dow Chemical Company, USA in India.
1. Revoke registration for Dursban and three other pesticides registered by payment of bribes by Dow to Agriculture Ministry officials.
a) Revoke the registration of the pesticides registered by payment of bribes.
b) Initiate prosecution against Dow AgroSciences India Ltd and responsible company officials for abetting the commission of the crime of bribe taking by Agricultural Ministry officials, under Section 12 of Prevention of Corruption Act, 1988.
d) Prosecute Indian officials including members of the Central Insecticide Registration Board who received the bribe totaling 200 thousand dollars.
2. Revoke approval given to Reliance Industries to purchase absconder Union Carbide Corporation’s trademark UNIPOL (PP) technology through Dow Global Technology Inc.
a) Get CBI to submit application before CJM Bhopal in MJC 91/1992 seeking attachment of licensing and service fees paid by Reliance Petroleum Limited to Dow Global Technology Inc. towards UNIPOL technology.
b) Revoke the approval given to Reliance for licensing UNIPOL
3. Stop all work on GACL-Dow’s joint venture factory in Dahej, Gujarat.
a) Direct FIPB to decline permission to Dow-GACL joint venture, or revoke any such approval if already given.
b) Investigate and take action, including prosecution of GACL-Dow officials for violation of environmental and labour legislations. The plant on which work has begun has no environmental clearance, no Consent to Establish and no permission from the Directorate of Industrial Safety and Hygiene.
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Its good that we have waken up after 26yrs as it is said better late than never. Ofcourse, we need to fight the system and leave no stone unturned. 26yrs have taken the court to give verdict, that is being justice denied. I myself being a lawyer, feels that system needs to be drastically changed and upgraded. Please continue this fight until we succeed.
Justice is long pending.” Justice delayed is justice denied”.How long will the people of Bhopal wait? 26 years is too long a period to have patience. Lets come together to help these people in their fight for justice.
why no appeal was filed?that travesty of judjement should have been appealed against. Still it can be challenged in High court and if state doesn;t do so PIL can be filed.