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BHOPAL GAS LEAK DISASTER AND POLITICS OF TRGEDY

Submitted by ANIRUDH MEHROTRA Division A Roll No 50 Class B.B.A L.L.B of Symbiosis Law School, NOIDA Symbiosis International University, PUNE In OCTOBER, 2011 Under the guidance of DR.CHANDRASHEKHAR RAWANDALE COURSE IN CHARGE, LAW OF TORTS

CERTIFICATE The project entitled BHOPAL GAS LEAK TRAGEDY AND POLITICS 0F TRAGEDY submitted to the Symbiosis Law School, NOIDA for Law of Torts, MV Accident and Consumer Protection Laws I as part of Internal assessment is based on my original work carried out under the guidance of Dr. Chandrashekhar Rawandle from2011 to 2016. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on. Signature of the candidate Date:19th October,2011

ACKNOWLEDGEMENT

It is a great pleasure for me to put on records my appreciation and gratitude towards Dr. CHANDRASHEKHAR RAWANDLE, Director in charge for LAW OF TORTS for his immense support and encouragement all through the preparation of this report and also for his valuable support and suggestions for the improvement and editing of this project report. Last but not the least, I would like to thank all the friends and others who directly or indirectly helped me in completing my project report. the library facilities and computer facilities of the University have been indispensable.

INTRODUCTION
Developing countries are particularly vulnerable to industrial Crises. These are the key issues we face in a world where toxins are used and developed without fully knowing the harm that can come from their use or abuse. Developing countries, such as India, are particularly vulnerable as they lack the infrastructure such as infrastructure and communication required to maintain technology but are eager to set up industrial plants in their land and are striving to any limits in the competition. Therefore, in the process of competition they may ignore the safety regulations that the M.N.C.s engage in. The Bhopal disaster also known as Bhopal Gas Tragedy was a gas leak accident in India, considered one of the world's worst industrial disaster. It occurred on the night of December 23, 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh, India. A leak of methyl isocyanate gas and other chemicals from the plant resulted in the exposure of hundreds of thousands of people. Estimates vary on the death toll. The official immediate death toll was 2,259 and the government of Madhya Pradesh has confirmed a total of 3,787 deaths related to the gas release. Others estimate 3,000 died within weeks and another 8,000 have since died from gas-related diseases. A government affidavit in 2006 stated the leak caused 558,125 injuries including 38,478 temporary partial and approximately 3,900 severely and permanently disabling injuries.

UNION CARBIDE CORPORATION

Union Carbide Bhopal symbolizes one of the most tragic accidents in the industrial history of India. Being set up in the late hours of 1970s, Union Carbide is a division of the Union Carbide India Limited or UCIL. Equipped with 14 operational chemical plants, Union Carbide in India has a total man power of 9000. Union Carbide in Bhopal is mainly engaged in pesticide production. In fact a large portion of the pesticides used by the farmers of India is supplied by Union Carbide division of Bhopal. In the the industrial history of Bhopal, Union Carbide disaster claims a prominent place. On December 8, 1984, the Union Carbide Plant in Bhopal came under the grip of such a chemical havoc which changed the entire scenario of its reputation. The chemical called methyl isocyanate started spreading from an in-house tank of the Bhopal plant and within a very short time managed to affect a large portion of the local population. It is believed that as many as 38, 000 causalities occurred due to such gas leakage from the Union Carbide plant of Bhopal. After getting the tragic news, the chairman of Union Carbide at Connecticut came down to India where he had been kept under house arrest. In the month of February, 1985, Union Carbide set up an Employees' Relief fund for those who have lost their relatives or have become permanently incapable of work due to the harsh effects of the chemical leakage. Bhopal Gas Leak Act had been passed in the same year of 1985 and a promise to enact strict chemical protection laws has been provided by the then government of Bhopal. From the year 2004 to 2006, the government of Madhya Pradesh took several initiatives to rehabilitate and facilitate the victims of Union Carbide tragedy. Union Carbide Bhopal truly reminds the hapless state of all those who suffered the acute after-effects of the gas leakage.

CAUSES LEADING TO THE TRAGEDY

The various problems in the plant that were ignored: The alarms of MIC tank had not worked since past four years Only single manual back-up system as compared to USA where fourstage system was used The flare tower and the vent gas scrubber had been out of service for five months before the disaster due to which flare tower could only hold a quarter of the gas that leaked during the incidence The refrigeration system was idle and the MIC was kept at 20 degrees Celsius, not the 4.5 degrees as suggested by the manual

Due to absence of Slip-bound plates, the water leaked into the MIC tanks from pipes being cleaned Faulty valves were not installed by the operators the MIC tank pressure gauge was not functioning properly for roughly a week before the accident. On the night shift, no maintenance supervisor was in place to record instrument readings.

A COMPARITIVE STUDY BETWEEN UNION CARBIDE PLANTS IN U.S.A AND INDIA

Institute, West Virginia, USA


Capacity High production

Bhopal, Madhya Pradesh, India


High

of MIC matched with high processing capacity. MIC not stored for long periods of time. Emergency scrubbers MIC storage tank equipped with emergency scrubbers (to neutralize any escaping MIC) designed to operate under emergency conditions. Computerized monitoring of instruments (gauges, alarms, etc) and processes to support visual observation. MIC field storage tanks used a cooling system based on chloroform (inert and nonreactive with MIC). Refrigeration unit to control temperature in the tanks was never turned off. MIC was always maintained under nitrogen

production capacity of MIC but low processing capacity. MIC stored in large quantities for long periods of time No emergency caustic scrubber to neutralize any MIC leak.

Computerized monitoring

No computerized monitoring of instruments and processes. Relied solely on manual observation MIC tanks used a cooling system based on brine (highly reactive with MIC). Refrigeration unit had been turned off since June 1984. MIC tanks had not been under nitrogen pressure since

Cooling system

Refrigeration unit

Nitrogen pressure

pressure Emergency plan An elaborate four-stage emergency plan to deal with toxic releases, fires, etc, including a general public alert linked to community police, river and rail traffic and local radio stations. Various emergency broadcast systems in place to alert and disseminate appropriate information to the public. A maintenance programme to determine and evaluate replacement frequency for valves and instrumentation and alarm systems. Weekly review of safety valves and reviews and maintenance recorded extensively. A lab analysis of MIC was conducted to test quality and

October 1984. No system to inform public authorities or the people living adjacent to the plant. No emergency plan shared with communities living adjacent to the plant; no system to disseminate information regarding emergency to the public with the exception of a loud siren.

Maintenance programme

No evidence of an effective instrument maintenance programme. Safety valve testing programme largely ineffective and no proper records maintained of reviews of instruments, valves and alarm systems, etc. No lab analysis of quality was undertaken.

Lab analysis

check for contamination prior to storage, processing or distribution. Training Extensive employee training programme to ensure high level of training and information among all employees of normal and emergency procedures Extensive provision of appropriate personal protective equipment to employees including protective clothing, air respirators, etc.

MIC stored for long periods without testing for contamination. Operators put in charge without sufficient training.

Protective equipment

Personal protective gear and breathing air equipment not easily accessible, inadequate and of poor quality.

CHRONOLOGY OF LEGAL EVENTS

After 26 years of the Bhopal Gas tragedy, the worlds worst industrial disaster, the court today held all the eight accused guilty.

Following is the chronology of the events: December 3, 1984: Toxic methyl isocyanate gas releases from Union Carbide India Ltds (UCIL) pesticide plant in Bhopal killing about 15,000 people and injuring at least five lakh others. Millions were left sick and the affected passed on the harmful effects of the gas to the next generations. December 4, 1984: Warren Anderson, the chairman of Union Carbide, is among nine people arrested. But he was freed on bail of $ 2,000, upon a promise to return. Union Carbide is named as the 10th accused in a criminal case charged with culpable homicide. February, 1985: Indian government files claim for $ 3.3 billion from Union Carbide in a US court. 1986: US District Court judge transfers all Bhopal litigation to India. December 1987: CBI files chargesheet against Warren Anderson and other accused, including UCC (USA), Union Carbide (Eastern) Hong Kong, and UCIL. Summons served on Anderson and UCC on charges of culpable homicide. February 1989: CJM, Bhopal, issues non-bailable warrant of arrest against Warren Anderson for repeatedly ignoring summons. February 1989: Indian government and Union Carbide strike an out-ofcourt deal and compensation of $ 470 million is given by Union Carbide. February - March 1989: Public protest against the unjust settlement followed by filing of a number of review and writ petitions against the settlement in the Supreme Court by the Bhopal Gas Peedith Mahila Udyog Sangatan (BGPMUS), the Bhopal Gas Peedith Sangarsh Sahayog Samiti (BGPSSS) and other concerned groups. 1992: Part of $ 470 million is disbursed by the government among Bhopal gas victims. February 1992: Anderson declared fugitive by law for ignoring court summons. November 1994: Despite numerous petitions by survivors groups, the Supreme Court allows Union Carbide to sell stake in UCIL to McLeod Russell (India) Ltd of Calcutta. September 1996: Supreme Court dilutes charges against Indian officials of Union Carbide India Limited -subsidiary, majority owned by Union Carbide Corporation [UCC] - partly on grounds that culpability lies with UCC. August 1999: Union Carbide announces merger with US-based Dow Chemicals.

November 1999: International environment watchdog Greenpeace tests soil, groundwater and wells in and around the derelict Union Carbide factory and finds 12 volatile organic chemicals and mercury in quantities up to six million times higher than expected. November 1999: Several victims and survivors organisations file an action suit against Union Carbide and its former CEO, Warren Anderson, in federal court of New York, charging Carbide with violating international human rights law, environmental law, and international criminal law. February 2001: Union Carbide refuses to take responsibility for UCILs liabilities in India. January 2002: A study by Srishti and Toxics Links finds lead and mercury in breast milk of nursing mothers in communities near the plant. June 2002: Bhopal gas tragedy survivors launch a protest in New Delhi when they hear the Indian government plans to drop charges against Anderson. August 2002: Charges of culpable homicide are maintained against Anderson by Indian court, which demands his extradition to stand trial. Meanwhile, a British newspaper reports that Anderson is in New York after US authorities say they are unable to locate him. October 2002: Protests to clean up former UCIL factory site in Bhopal that activists say contains thousands of tonnes of toxic waste. May 2003: The Indian government formally conveys its request for extradition of Anderson to the US. March 2004: A US court says it could order Dow Chemicals to clean soil and ground water in the abandoned factory site if the Indian government provides a no objection certificate. The Indian government forwards the certificate to the United States. June 2004: The US rejects Indias request for extradition of Anderson saying the request does not meet requirements of certain provisions of the bilateral extradition treaty. July 19, 2004: Indias Supreme Court orders the Central Bank to pay out more than 15 billion rupees, part of the original $ 470 million received as compensation kept in the account since 1992. October 25, 2004: Bhopal gas victims protest the failure of the government to pay victims compensation. October 26, 2004: Indias Supreme Court sets deadline of November 15 to pay out the rest of $ 470 million paid by Union Carbide as compensation.

June 7, 2010: All eight accused, including the then Chairman of Union Carbide Keshub Mahindra, in the Bhopal Gas disaster case convicted by a court.

CONCLUSION

All the disasters that occurred in developed countries were neither due to the managerial operations nor due to the safety regulations. However these were the biggest component in the Bhopal gas tragedy as the management gave only lip service to process and personnel safety and the governments did not ensure compliance with the regulations. There is a need for the improvements in method of safety. New legislation, stricter enforcement and personnel training should be in place. Elementary R&D is needed in the causes of accidents and in industrialized processes used in the chemical process industries. All the stakeholders need to play their part in building a safety culture. National governments and international agencies should focus on widely applicable techniques for corporate responsibility and accident prevention as much in the developing world context as in advanced industrial nations .

Local governments clearly cannot allow industrial facilities to be situated within urban areas, regardless of the evolution of land use over time. Industry and government need to bring proper financial support to local communities so they can provide medical and other necessary services to reduce morbidity, mortality and material loss in the case of industrial accidents. Existing public health infrastructure needs to be taken into account when hazardous industries choose sites for manufacturing plants. Local governments clearly cannot allow industrial facilities to be situated within urban areas, regardless of the evolution of land use over time. Industry and government need to bring proper financial support to local communities so they can provide medical and other necessary services to reduce morbidity, mortality and material loss in the case of industrial accidents. Existing public health infrastructure needs to be taken into account when hazardous industries choose sites for manufacturing plants.

BIBLIOGRAPHY

http://www.thehindu.com/news/national/article448771.ece

http://www.mapsofindia.com/bhopal/union-carbide.html articles.timesofindia.indiatimes.com www.irastimes.org/bhopal_gas_tragedy.htm

www.bhopal.net

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