DARK CLOUD: The search for justice in Bhopal
On the night of December 2, 1984 the worst peacetime chemical disaster in history took place in Bhopal, India. Twenty-seven tons of lethal gases leaked from Union Carbide’s pesticide factory, immediately killing 8,000 people and poisoning thousands of others. The factory’s safety systems were all either malfunctioning, under repair, or switched off as part of a cost-cutting exercise. Tens of thousands have died from the toxic exposure in the years since, and the death toll continues to rise as a result of long-term effects. Today, over 150,000 people suffer from aftereffects such as birth defects, cancer, neurological damage and mental illness and the locals drink water laced with pollutants.
The company built the factory in the 1970s, but low sales forced them cease production in the early 1980s. Over 60 tons of dangerous chemicals were left behind, including three tanks of the highly reactive methyl isocyanate (MIC). Despite serious safety flaws documented in their internal review, Union Carbide reduced safety standards for the dormant plant.
But the danger remained. On the night of December 2 1984, multiple stopcocks failed and water flowed into the largest tank of MIC, releasing a heavy, deadly cloud of MIC, hydrogen cyanide and mono methyl amine. Blown by the prevailing winds, this heavy cloud settled over Bhopal. Soon, people began to die.
Dow Chemical, which acquired Union Carbide in 2001, tells a different version of the story in which the entire plant, including the safety system, was fully operational on December 2 1984. They claim that the leak was caused by a saboteur who is being protected by the Indian government. Independent chemical engineers have cast doubt on Dow’s version of the story, according to Amnesty International’s in-depth report on the subject. Union Carbide commissioned a study of the incident which confirmed the sabotage theory, although they did not attempt to identify any suspects. According to the Centre for Scientific and Industrial Research in New Delhi, Carbide’s study is oversimplified.
Dow insists that Union Carbide resolved the matter in 1989 for $470 million. The International Campaign for Justice in Bhopal (ICJB) states that the settlement amount was based on inaccurate statistics, resulting in each survivor getting only $500 (Rs. 25,000) – barely enough to pay for a few years of medical costs.
Dow denied further responsibility by citing the decision of the Supreme Court of India which requires the Indian government to address any shortfalls in the settlement fund, including the cost of a health plan for the survivors. The ICJB responded that “Pursuant to the ‘polluter pays’ principle recognized by both the United States and India, Union Carbide should bear all of the financial burden and cost for the purpose of environmental clean up and remediation.” Finally, under the original land lease agreement, Union Carbide was required to clean up the factory site before returning it to the government.
Union Carbide Corporation and its former chairman Warren Anderson face criminal charges of “culpable homicide,” or manslaughter, at the Chief Judicial Magistrate’s court in Bhopal. These charges have been outstanding since 1992. Both parties have been declared absconders (fugitives from justice) by the Bhopal court for failing to appear before the court. When Anderson was discovered living a life of luxury in the Hamptons, the Indian Government made an official request for his extradition, which was denied in 2004 by the United States.
Dow, according to its own public statements, acquired Union Carbide with full knowledge of the criminal charges pending against them and their status as a fugitive from justice. Since Dow is the 100% owner of Union Carbide, they inherited both Carbide’s assets & liabilities under US, Indian and international corporate law.
In 2004, the Bhopal court issued notice to Dow’s office in India asking the company to explain why it has not produced its subsidiary Union Carbide to face criminal charges and to show why its Indian assets shouldn’t be attached to the case and possibly seized. Dow Chemical admits that the 1991 settlement did not completely extinguish the criminal charges against them or their officials, but use Union Carbide’s saboteur story to justify their inaction[1].
US Representative Frank Pallone (D-NJ) introduced a bill in September 2004 calling upon Dow to clean-up the toxic site, completely restore the polluted plant site to a habitable condition, fully remedy the drinking water supply, and produce Union Carbide to face criminal trial in the Bhopal court. In 1999, a group of survivors filed a separate civil case against Union Carbide in the Southern District federal court in New York. It seeks compensation and a comprehensive cleanup of the entire area. This lawsuit has survived four motions to dismiss, and has been reinstated by the 2nd Circuit Court of Appeals twice.
The Indian government stated that it would begin the site cleanup, but after two years, Bhopal residents took action. In 2006, 39 residents marched to New Delhi, the capital city, to stage a sit-in and present a list of demands to the Prime Minister, Dr. Manmohan Singh. However, when they arrived at the capital after the 500 mile march, the Prime Minister refused to meet with them and had them arrested when they would not disperse. The demands addressed the health concerns of Bhopal residents and justice for victims of the disaster.
Six supporters began a hunger strike in protest of the treatment of the marchers, joined by almost a hundred solidarity hunger strikers around the world. This time, they got results. After six days, Bhopal’s state (Madhya Pradesh) government promised to provide clean drinking water to the city. Then, on April 17, 2006, the Bhopalis ended their hunger strike when the Government conceded to four of six demands. The Prime Minister agreed to the health concerns, but would not further the search for justice against Union Carbide, fearing that such action would jeopardize future business deals with Dow Chemical.
To reach the International Campaign for Justice in Bhopal (http://bhopal.net), contact Ryan Bodanyi at rbodanyi@studentsforbhopal.org or (401) 829-6192 (US), Tim Edwards at tim@lifecycle.demon.co.uk (Europe), or Rachna Dhingra at rachna@umich.edu or +91 755 2747983 (India).
1. A Killing Wind, Inside Union Carbide and the Bhopal Catastrophe, Dan Kurzman, McGraw-Nill Book Company, 1987.
2. The Bhopal Syndrome, Pesticides Environment and Health, David Weir, Sierra Club Books, 1987.
3. Clouds of Injustice: Bhopal disaster 20 years on, Amnesty International Publications, 2004.
4. 20 Years Without Justice, Strategic Video Pdroductions, 2004.
7. Union Carbide Corporation Bhopal Information Center, New York NY.
8. The International Campaign for Justice in Bhopal.