34 yrs later, Bhopal gas tragedy survivors face another challenge
As survivors of the 1984 Bhopal gas tragedy, which claimed more than 15,000 lives, continue to fight for proper rehabilitation and adequate compensation, they face yet another challenge following the merger of Dow Chemicals and DuPont companies. According to the survivors’ organisations, the merger of the two companies will result in the disappearance of the Union Carbide Corporation (UCC) as a legal entity, which, they say, will adversely affect their claim for compensation from Dow Chemicals-owned UCC.
Described as the world’s worst industrial disaster, over 15,000 people were killed after methyl isocyanate leaked on the intervening night of December 2-3, 1984 from the pesticide plant of Union Carbide India Limited (UCIL) in the city.The organisations want the central government to step in to prevent Dow Chemical from escaping the responsibility for the crime committed against people of Bhopal. As per the organisations, five groups have written to Prime Minister Narendra Modi in February this year.
Bhopal Group for Information and Action convener Rachna Dhingra said, “In 2010 the then Congress government at the Centre filed a curative Petition in the Supreme Court seeking additional compensation of 1.2 billion dollars. However, neither the Congress nor the BJP governments have filed any application for urgent hearing in the last eight years and the curative petition has not moved an inch...”
As per the curative petition, as many as 5,295 people died in the tragedy while 4,944 suffered from serious health problems due to the tragedy. However, survivors’ organisations claim the number of deceased, and those suffering from ailments as a result of the tragedy, is much higher. The Centre had sought enhancement of compensation by an additional ~77.28 billion, while the total compensation amount, as per the 1989 settlement, was about ~7.05 billion. As far as punishment to the accused is concerned, a chief judicial court in Bhopal sentenced erstwhile UCIL chairman Keshub Mahindra and seven others to two years of imprisonment in June 2010. The convicts were granted bail and an appeal filed against the judgment is pending in the sessions court, Bhopal. The CBI also filed an appeal in the court for enhancement of punishment. Minister of state for Bhopal Gas Tragedy Vishwas Sarang said, “The liabilities of paying compensation to the victims will remain with the Dow Chemicals. They cannot escape it.”
Karuna Nundy, one of lawyers at SC for gas victims, said, “We have filed an application in the Supreme Court seeking a Mareva injunction to freeze the assets of Dow Chemicals because as its merger with DuPont progresses and with their plan to bifurcate the company further they are making it harder and harder for the survivors to receive their due compensation. We hope that Supreme Court will seize the assets as soon as possible.”