The Bhopal Tragedy - aftercare?

Mandsaur · Aug 23rd, 2005, 05:50

There is a group here in the US called "The Yes Men" that specializes in masquarading as spokespeople for corporations who refuse to own up to their mis-deeds.

On the anniversary of the Bhopal disaster this year, they went on the BBC pretending to be Dow and saying that the company was finally going to take responsibility, compensate the victims and clean up the mess in Bhopal. This of course made headlines around the world, and forced Dow to issue an embarrassing press release saying that in fact, they were not going to do any more than they already have.

I've worked with the Yes Men in the past and really respect their work, but this "prank" was by far the most worthwhile and important thing they've ever done. Dow knew full well what Union Carbide did when they bought them in 2001, and by refusing to take full responsibility, Dow is as guilty as Union Carbide was in ignoring the true aftermath of the disaster.

Click for the the page on the Yes Men web site that talks about their Dow prank. (Make sure you watch the video of the BBC newscast.)

machadinha · Aug 23rd, 2005, 06:06

Quote:

Originally Posted by crvlvr

Was the settlement amount too little? Probably when compared to western standards. The Indian govt has yet to decide how to disburse the monies. Has anyone petitioned them?

From: http://www.bhopal.com/irs.htm

Quote:

In May 1989, Union Carbide and Union Carbide India Limited (UCIL) entered into a $470 million legal settlement with the Government of India, which represented all claimants in the case. The settlement was affirmed by the Supreme Court of India, which described it as “just, equitable and reasonable,” and settled all claims arising out of the incident. Ten days after the decision, Union Carbide and UCIL made full payment of the $470 million to the Indian government.

It has to be noted that this is from the official Union Carbide site of course.

edit: According to their history page the incident was "caused by an act of sabotage" btw. Could well be, it's just the first time I heard of this

It resulted in "tragic loss of life" no less.

edit again: According to the 1993 Lonely Planet:

Quote:

The Indian government demanded US$6 billion in compensation but was persuaded to accept US$470 million or have the case drawn out for at least a decade. All criminal charges were dropped and the money paid to the government. However, it was not until seven years after the accident and after another 2000 people had died [after an initial number of over 2000 had died and tens of thousands had their health destroyed for the rest of their lives] that a little of this money began to reach the victims.

crvlvr · Aug 23rd, 2005, 06:29

It seems like the Indian govt "sold out" and screwed the pople. What little they received, they have not yet paid out. Isn't this the body that is supposed to speak for the people? That does not mean that UCC is not a big evil corporation. But their management did what they were paid to do - to reduce their costs. What I'd like to see is a Mossad like operation that kidnaps Warren Anderson ( the ex UCC CEO) and brings him to India to face manslughter charges.

manojb · Aug 23rd, 2005, 12:59

The Govt. of India is not totally blameless in the mater of how the compensation came to be accepted. There is an interesting litigation history for this disaster.

In the aftermath, many lawsuits were filed in the United States. All of them were consolidated to be heard in the Federal district court of the Southern District of New York. UCC managed to get the case dismissed on forum non conveniens (in short, that US is not the convenient place to hear the case, but India is) grounds. The judge in the case ordered that UCC submit itself to Indian jurisdiction and to pay interim relief of $5 million to the Red Cross.
In the meanwhile, claims had also been filed in the Bhopal civil courts. At this point, the Indian parliament passed an Act which took away from individual plaintiffs the right to sue. The act made the Government the representative of all the victims and could sue in their names. Any proceeds were to be distributed to the victims. The constitutionality of this act was leter upheld by the Supreme Court.

There is a theory that this act was passed to shield the Govt. itself from liability as it was a minority shareholder in Union Carbide India.

The Govt. then sued UCC under this act on behalf of all the victims in Bhopal city civil court. The court then ordered UCC to pay interim relief to the victims. But UCC claimed that it should not have to pay interim relief since it had not yet been proved that it was responsible for the accident (they were even then holding on to the sabotage theory). The appeals wound their way to the Supreme Court, at which point the SC suggested that the parties settle. It is wrong to say that the SC "ordered" the Govt. to settle; I have gone through the judgments, but it was a pretty strong suggestion. But the Govt. was presented with a take it or leave it option. Either take the $470 million or UCC would fight it all the way in court. They would contest liability, claim that the Govt. was partly liable for insufficient regulation, etc.
The Govt. opted to take the settlement.
In my opinion, it was wrong to do so. Having precluded individuals from suing themselves, it was under a duty to conduct the case to get the maximum possible compensation.

When criminal charges were filed against UCC executives, they claimed that the settlement had extinguished all criminal charges. But the Supreme Court ruled otherwise and said that only civil cases were covered by the settlement, not criminal cases. The manslaughter charges against Warren Andersen are still pending in the criminal court in Bhopal. A request for his extradition to India is pending with the FBI and the CBI (Central Bureau of Investigation) in India are not too keen on pressing the matter.

A few years back, some of the victims sued Dow in New York again, claiming that the settlement amount was inadequate. But the same judge who dismissed the earlier action dismissed this one as well, this time saying that the individual plaintiffs had no right to sue since the Govt. of India had passed the above act.

shanthi · Aug 23rd, 2005, 13:15

I guess what a lot of people would like to know is the WHO and WHEN regarding the cleanup! There are hundreds of photo's on the Internet taken of kids and people playing/moving around in the mess that was abandoned in Bhopal. Because of drums and containers still leaking and chemicals still active, it is incomphrehensible why after two decades the site hasn't been closed off and a clean up attempted! I can't find any reference on the Internet where anyone has attempted this.

If anyone finds reference to a program for aftercare like the West put it place a decade and a half ago for the deserving Chernobyl kids, for the people/kids of Bhopal, would you post it here?

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Aug 23rd, 2005, 05:50	#16
Mandsaur Senior Member Join Date: Mar 2004 Location: New York, NY Posts: 140	There is a group here in the US called "The Yes Men" that specializes in masquarading as spokespeople for corporations who refuse to own up to their mis-deeds. On the anniversary of the Bhopal disaster this year, they went on the BBC pretending to be Dow and saying that the company was finally going to take responsibility, compensate the victims and clean up the mess in Bhopal. This of course made headlines around the world, and forced Dow to issue an embarrassing press release saying that in fact, they were not going to do any more than they already have. I've worked with the Yes Men in the past and really respect their work, but this "prank" was by far the most worthwhile and important thing they've ever done. Dow knew full well what Union Carbide did when they bought them in 2001, and by refusing to take full responsibility, Dow is as guilty as Union Carbide was in ignoring the true aftermath of the disaster. Click for the the page on the Yes Men web site that talks about their Dow prank. (Make sure you watch the video of the BBC newscast.)

Aug 23rd, 2005, 06:29	#18
crvlvr Guru Join Date: Sep 2004 Location: Hollywood Posts: 4,501	It seems like the Indian govt "sold out" and screwed the pople. What little they received, they have not yet paid out. Isn't this the body that is supposed to speak for the people? That does not mean that UCC is not a big evil corporation. But their management did what they were paid to do - to reduce their costs. What I'd like to see is a Mossad like operation that kidnaps Warren Anderson ( the ex UCC CEO) and brings him to India to face manslughter charges.

Aug 23rd, 2005, 12:59	#19
manojb Member Join Date: Mar 2004 Location: Bangalore, India Posts: 428	The Govt. of India is not totally blameless in the mater of how the compensation came to be accepted. There is an interesting litigation history for this disaster. In the aftermath, many lawsuits were filed in the United States. All of them were consolidated to be heard in the Federal district court of the Southern District of New York. UCC managed to get the case dismissed on forum non conveniens (in short, that US is not the convenient place to hear the case, but India is) grounds. The judge in the case ordered that UCC submit itself to Indian jurisdiction and to pay interim relief of $5 million to the Red Cross. In the meanwhile, claims had also been filed in the Bhopal civil courts. At this point, the Indian parliament passed an Act which took away from individual plaintiffs the right to sue. The act made the Government the representative of all the victims and could sue in their names. Any proceeds were to be distributed to the victims. The constitutionality of this act was leter upheld by the Supreme Court. There is a theory that this act was passed to shield the Govt. itself from liability as it was a minority shareholder in Union Carbide India. The Govt. then sued UCC under this act on behalf of all the victims in Bhopal city civil court. The court then ordered UCC to pay interim relief to the victims. But UCC claimed that it should not have to pay interim relief since it had not yet been proved that it was responsible for the accident (they were even then holding on to the sabotage theory). The appeals wound their way to the Supreme Court, at which point the SC suggested that the parties settle. It is wrong to say that the SC "ordered" the Govt. to settle; I have gone through the judgments, but it was a pretty strong suggestion. But the Govt. was presented with a take it or leave it option. Either take the $470 million or UCC would fight it all the way in court. They would contest liability, claim that the Govt. was partly liable for insufficient regulation, etc. The Govt. opted to take the settlement. In my opinion, it was wrong to do so. Having precluded individuals from suing themselves, it was under a duty to conduct the case to get the maximum possible compensation. When criminal charges were filed against UCC executives, they claimed that the settlement had extinguished all criminal charges. But the Supreme Court ruled otherwise and said that only civil cases were covered by the settlement, not criminal cases. The manslaughter charges against Warren Andersen are still pending in the criminal court in Bhopal. A request for his extradition to India is pending with the FBI and the CBI (Central Bureau of Investigation) in India are not too keen on pressing the matter. A few years back, some of the victims sued Dow in New York again, claiming that the settlement amount was inadequate. But the same judge who dismissed the earlier action dismissed this one as well, this time saying that the individual plaintiffs had no right to sue since the Govt. of India had passed the above act.

Aug 23rd, 2005, 13:15	#20
shanthi Account closed on user's request Join Date: Aug 2005 Location: South India Posts: 785	I guess what a lot of people would like to know is the WHO and WHEN regarding the cleanup! There are hundreds of photo's on the Internet taken of kids and people playing/moving around in the mess that was abandoned in Bhopal. Because of drums and containers still leaking and chemicals still active, it is incomphrehensible why after two decades the site hasn't been closed off and a clean up attempted! I can't find any reference on the Internet where anyone has attempted this. If anyone finds reference to a program for aftercare like the West put it place a decade and a half ago for the deserving Chernobyl kids, for the people/kids of Bhopal, would you post it here?

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