SC’s dismissal of curative petition is a judicial assault on the constitutional and legal rights of Bhopal survivors

Press Statement
March 14, 2023

Five organizations of the December 1984 Union Carbide disaster in Bhopal today jointly condemned the Supreme Court’s dismissal of the Curative Petition. Likening today’s decision with the apex court’s February 1989 decision on the settlement of the case, the  organizations called it a “judicial assault on the constitutional and legal rights of the Bhopal survivors”. The organizations resolved to
continue their struggle for justice in Bhopal till all survivors are adequately compensated.

Said Rashida Bee, President of the Bhopal Gas Peedit Mahila  Stationary Karmchari Sangh,” The Bhopal victims were denied their day in court because of the pro-corporate bias of the Supreme Court bench. The counsel for Union Carbide that continues to abscond from charges of culpable homicide was given ample time to speak by the bench, while the counsel for the survivors’ organizations was only heard for just 45 minutes. Apparently, the Bench believes in a ‘fugitive entitlement doctrine’.”

“The Supreme court judges dismissed the case for additional compensation due to their insistence that the case must attain finality in line with the wishes of the corporate counsel.” said Balkrishna Namdeo, President of the Bhopal Gas Peedit Nirashrit Pensionbhogee Sangharsh Morcha. “How can you impose finality  when the corporation’s crimes continue to victimize people? When gas affected people continue to die untimely deaths from cancers and other exposure induced chronic diseases? When the criminal remains absconding, and the suffering of its victims, including that of their progeny, continues, how can a Supreme Court bench draw the curtain over the injustice in Bhopal?

Rachna Dhingra of the Bhopal Group for Information & Action  condemned the Supreme Court for deliberately ignoring arguments and facts presented by the survivors’ organizations. “We presented official figures of injury and death analyzed by an international expert on epidemiology that proved the 1989 settlement has perpetrated a gross miscarriage of justice but the Supreme Court bench chose to blind themselves to it. The bench said that only an argument of fraud could reopen that settlement, while entirely ignore our counsel’s detailed submissions on the fraud committed by Union Carbide to procure the settlement of 1989,” Dhingra said.

“We refuse to accept the injustice delivered by the Supreme Court today.” said Nawab Khan, President of the Bhopal Gas Peedit Mahila Purush Sangharsh Morcha. “We fought and won against the injustice of the settlement of 1989 and we will resume our fight again. We  will fight in the court and we will fight on the streets till justice is done in the World’s worst corporate massacre.” he said.

Nousheen Khan of Children Against Dow Carbide said, “Today’s  decision exposes the perversity of the Supreme Court bench that took the government to task for ignoring the health impact on the next generation but failed to hold the corporation accountable for the crime against the unborn.”

Rashida Bi, Bhopal Gas Peedit Mahila Stationery Karmchari Sangh, 8827218215
Nawab Khan, Nasreen Bee & Shehzadi Bee, Bhopal Gas Peedit Mahila Pursh Sangarsh Morcha, 741193309
Balkrishna Namdev, Bhopal Gas Peedit Nirashrit Pensionbhogi Sangarsh Morcha, 9826345423
Rachna Dhingra, Bhopal Group for Information & Action, 9826167369
Nousheen Khan, Children Against Dow-Carbide

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