Category Archives: ICJB Victories

Posts that highlight the victories of ICJB

Another victory for Bhopali women

Struggling for a wage for more than a decade

BHOPAL, 31 JULY 2003. The Bhopali women’s stationery workers’ union has won another court victory in its long struggle to gain a fair wage for a fair day’s work. On 18 December, 2002, the Labour Court had ruled that the union’s fifty women members should be paid the rate their jobs and experience merited, with arrears backdated to 29 April 1998. see report by Bhopal.Net. This decision was appealed by the State Government in the form of the Controller, Government Printing and Stationery Press, but last week the Industrial Court threw out the appeal and upheld the earlier decision. The women ask your help to make sure the State Government does not try to find further legal obstacles. For what you can do please read on.

The text of last week’s decision follows. Please help us bring pressure on the State Government not to seek to overturn this decision, which is the culmination of a long struggle by the women union members to gain the fair and proper rate for the work they have been doing.

Please send a fax (and covering email) to the Chief Secretary, Government of Madhya Pradesh, Vallabh Bhawan, Bhopal :
Fax No. +91-755- 2551521
Email : cs@vallabh.mp.nic.in

Suggested text:

Dear Chief Secretary,

I am writing to express my satisfaction at the decision of the Industrial Court (31 July 2003), confirming the Labour Court’s judgement of 18 December 2002 that the members of the Bhopal Gas Peedit Mahila Stationery Karmachari Sangh are to be granted the proper wages and conditions to which they have long been entitled.

I note that in upholding the earlier ruling, Judge M. B. Sharma said, “In the present case it is not disputed that that the employees have been doing the work of binding ever since their appointment. The employer has not presented any evidence of the work of the employees being unsatisfactory. Under these circumstances the order of the Labour Court, directing that their employment be regularised as Junior Binder with effect from April 1998 and they be paid arrears accordingly, is not considered to be fit for modification . . .”

I strongly urge the Madhya Pradesh Government not to add insult to the injury already long suffered by the women members of the Bhopal Gas Peedit Mahila Stationery Karmachari Sangh by filing yet another appeal. Justice has been done. The eyes of the world are on you to make sure that it is carried out.

Yours sincerely,

=================THE JUDGEMENT==================

Court : The Industrial Court, Bhopal
Case No. C A 1 / MP IR / 2003
Appelant : Controller Government Printing & Stationery Press, Maida Mill Road, Bhopal
Vs
Mrs. Rashida Bi w/o Abdul Wahid, Resident of House No. 24, PS Tallaiya, Bhopal

Before : Member Judge M B Sharma
Counsel for the appelant : Mr Narayan Singh Yadav
Counsel for counterapellant : Mr. R R Srivastava

Five page order passed on July 31, 2003

Extracts:

” The appeal was presented in response to the order of the Labour Court in case no. 442/MPIR/2000 on 18.12.02″

“In the present case it is not disputed that that the employees have been doing the work of binding ever since their appointment. The
employer has not presented any evidence of the work of the employees being unsatisfactory. Under these circumstances the order of
the Labour Court, directing that their employment be regularised as Junior Binder with effect from April 1998 and they be paid
arrears accordingly, is not considered to be fit for modification. …..”

“Hence the appeal presented by the appelants is dismissed while upholding the order of the lower court.”

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Woo hoo, we just got this! Warren Anderson found by Daily Mirror, videotaped and served arrest warrant by Greenpeace in New York

I am happy to say that a few weeks ago I was able, with help from my Greenpeace Colleagues, to track down #1 Corporate Criminal Warren Anderson at his house in New York. Needless to say Warren was not happy to see me, be videotaped or served a warrant for his arrest. But he was.

In the wake of yesterday’s gigantic victory in the Bhopal Courts, Greenpeace is using this recent Anderson sighting to push both the Indian Government and the US State Department to find this man (who I have on tape), arrest him and send him to trial in India.Action alerts pressuring both governments will appear on the Greenpeace Website soon. www.greenpeaceusa.org/bhopal

I’ve attached our US press release and our International release is below! Help spread the word — let’s get this crook! Call me with questions!

Casey Harrell
Greenpeace USA — Toxics Campaigner
casey.harrell@wdc.greenpeace.org
702 H Street NW Suite 300 Wash DC 20001
1 202 319 2497 phone 1 202 462 4607 fax

INTERNATIONAL FUGITIVE AND BHOPAL CORPORATE CRIMINAL TRACKED DOWN IN THE UNITED STATES: GREENPEACE CALLS FOR HIS ARREST

Washington/Amsterdam 29 August 2002 – Greenpeace today called on the U.S. State Department to arrest and extradite international fugitive And Bhopal corporate criminal (1), Warren Anderson, who has been found by a UK newspaper (2) and Greenpeace living a life of luxury in New York State. Anderson, the former Chief Executive Officer of Union Carbide, has been hiding in the United States since an explosion at his company’s plant in Bhopal, India, caused the worst industrial disaster in history in December 1984.

Greenpeace paid Anderson a visit at his U.S. home and handed him an arrest warrant. He has been facing charges of culpable homicide and an extradition order from the government of India for the past eleven years. He has never appeared in court to face charges for crimes in Bhopal or even to explain why his company did not apply the same safety standards at its plant in India that it operated at a sister plant in South Charleston, the U.S. State of West Virginia.

“If a team of journalists and Greenpeace managed to track down India’s most wanted man in a matter of days, how seriously have the U.S. authorities tried to find him all these years? The U.S. has reacted swiftly on curbing the financial corporate crimes of Enron and WorldCom, but has clearly not made much of an effort to find Anderson, responsible for the deaths of 20,000 people in India, said Greenpeace campaigner, Casey Harrell, in the U.S.

On the night of the disaster, when an explosion at Union Carbide’s pesticide plant caused 40 tonnes of lethal gas to seep into the city of Bhopal, six safety measures designed to prevent a gas leak had either malfunctioned, were turned off or were otherwise inadequate. In addition, the safety siren, intended to alert the community should an incident occur at the plant, was turned off.

Union Carbide responded to the disaster by paying survivors inadequate compensation and abandoning the plant, leaving tonnes of dangerous toxic chemicals strewn around the site and the people of Bhopal with a toxic legacy that is still causing injury today. In 2001, the company shed its name by merging with Dow Chemical.

In May this year, the government of India unexpectedly started proceedings to dilute charges against Anderson from culpable homicide to negligent homicide. But yesterday, the judgement of a Bhopal Court rejected the Indian Central Bureau of Investigation’s plea to dilute charges against Anderson. The ruling has been welcomed by those representing the victims in their fight for justice.

Calling on both governments to act swiftly, Mr. Ganesh Nochur, Campaigns Director of Greenpeace India stated, “Now that Anderson’s address is known, India must immediately and formally push for his arrest and extradition on charges of culpable homicide. In return, Greenpeace demands that the U.S. honour this request, per the two nations’ extradition agreement. Anderson and the rest of Union Carbide, now Dow Chemical, should take responsibility for their crimes in Bhopal.”

Bhopal is an ongoing disaster. One hundred twenty thousand people still face serious health problems and children born to survivors are also affected. The toxic chemicals abandoned in Bhopal by the chemical company have contaminated the groundwater that is used by thousands of people who live around the abandoned factory. (3) Greenpeace and Bhopal survivors (4) are calling on Dow Chemical to clean up the factory site at its expense as would be required in the U.S., to secure long-term medical treatment facilities and medical rehabilitation for the survivors of the poisonous gas leak, to ensure economic compensation for the gas-affected people and their families, and to provide clean drinking water to communities that are forced to consume contaminated groundwater.

“As delegates gather at the Earth Summit in Johannesburg, we fully expect corporate crimes such as this to be high on their agenda. International legislation must be established to make sure corporations and their officials are held criminally and financially liable for environmental terrorism. There must be no more Bhopals,” concluded Ganesh.

Notes to editors
In 1992, a warrant was issued for Mr. Anderson’s arrest. He was charged with culpable homicide in connection with the chemical disaster at Union Carbide’s Bhopal plant in 1984. This is an extraditable offence under the extradition treaty between the United States and India. Mr. Anderson has also evaded a summons to appear in a U.S. court for a civil trial relating to the Bhopal disaster.

The Daily Mirror, 29-08-2002. See http://www.mirror.co.uk In 1999, Greenpeace and Bhopal community groups visited the abandoned factory to assess the environmental condition of the site and its surroundings. The team documented the presence of stockpiles of toxic pesticides as well as hazardous wastes and contaminated material scattered throughout the factory site. The survey found substantial and, in some locations, severe contamination of land and water supplies with heavy metals and chlorinated chemicals.

Greenpeaceis campaigning in Bhopal as part of an international NGO coalition AaCcTt including the Bhopal Gas Affected Women Stationery Workers Association, Bhopal Gas Affected Pensioners Association, Bhopal Group for Information and Action, National Campaign For Justice in Bhopal, The Other Media and CorpWatch.

Contact Information
Greenpeace U.S. Casey Harrell
+1 202 319 2497 and +1 202 213 7810
Greenpeace India Ganesh Nochur
+91 11 65 36717 / +91 98 2004 2897
Cecilia Goin, Media Officer
+31 (0) 6 212 96 908

Photographs and video are available on request. Contact John Novis on +31 6 53819121 for photographs, and Thomas McCable Greenpeace U.S. on + 1 202 413 8517

Photos of the Bhopal disaster (from 1984 and the present day) taken by
Magnum photographer Raghu Rai, are available on request from
Greenpeace.

For more information see www.greenpeace.org

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Bhopal court rejects application to dilute charges against Carbide CEO Anderson

We have just had a phone call from Bhopal to tell us that the criminal charges against former Union Carbide CEO Warren Anderson are not to be diluted. “The women are literally dancing in the streets,” said our caller.

Speaking from Johannesburg where Bhopal supporters have been protesting against the presence of Dow Chemicals at the Earth Summit, Satinath Sarangi of the Bhopal Group for Information and Action, which opposed the application to dilute, said “The Indian Government must now pursue extradition proceedings against Warren Anderson without delay.”

Meanwhile we have had a report that Mr Anderson has been sighted and photographed in the USA, where the law enforcement agencies have apparently been unable to trace him. Anyone who knows anything about this please contact us with more information.(But please, no Elvis-type sightings and no need to spy on your neighbours.)

Find key excerpts of the judgement, translated from Hindi here.

Tim Edwards, of the UK Campaign speaks on BBC TV.

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