Letter to the Group of Ministers on Bhopal

The Chairman and Members of the Group of Ministers on Bhopal,
C/o Room No. 104, North Block,
New Delhi – 110001
Fax-011-23094221

June 17, 2010

Sub: Ensuring justice and a life of dignity for the people poisoned by Union Carbide Corporation in Bhopal.

On behalf of the survivors of the Union Carbide disaster in Bhopal and those exposed to ground water contaminated by Union Carbide’s hazardous waste, we the undersigned seven organizations in Bhopal, wish to present our consensus regarding the decisions and actions that must be taken by the Group of Ministers on Bhopal to meaningfully address issues of justice and the opportunities for a life of dignity for the survivors.

We hope that the increased national and international awareness on the negligence of successive Central and State governments towards the survivors of Bhopal in the last 25 years, will inspire you to consider our long pending demands from the Central government in your meeting on June 18, 2010.

Full size graphical presentation of our proposed roadmap for justice and dignity in Bhopal

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.

Thanking you.

Yours sincerely,

Safreen Khan
Children Against Dow-Carbide
Mob. 9826994797

Balkrishna Namdeo
Bhopal Gas Peedit Nirashrit Pension Bhogi Sangharsh Morcha
Mob. 9826345423

Abdul Jabbar
Bhopal Gas Peedit Mahila Udyog Sangathan
Mob. 9406511720

Syed M Irfan
Bhopal Gas Peedit Mahila Purusg Sangharsh Morcha
Mob. 9329026319

Rashida Bee, Champa Devi Shukla
Bhopal Gas Peedit Mahila Stationery Karmchari Sangh
Mob. 9425688215

ND Jayaprakash
Bhopal Gas Peedit Sangharsh Sahayog Samiti
Mob. 09968014630

Rachna Dhingra, Satinath Sarangi
Bhopal Group for Information and Action
Mob. 9826167369

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