SHAME SHAME Supreme Courts of USA & India

[e-clarion of dalit]

S.O.S e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed
Editor: NAGARAJA.M.R… VOL.6 issue.27…… 04/07/2012


Shame Shame to Supreme Court of India & Supreme Court of USA
- Match Fixing in the Supreme Courts of USA & India

The Final Verdict is out in Bhopal Gas Tragedy . This kind of
Injustice can only happen in banana republics , where rich crooks are
protected by authorities & courts. SHAME SHAME to supreme court of
India , supreme court of USA & Government of USA , for practicing
double standards in enforcement of law & justice.

Double standards of supreme court of India
http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind

PIL Appeal & Show Cause Notice to Supreme Court of India
http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india

Double Standard : BP And Bhopal
By Bill Quigley & Alex Tuscano

When President Barak Obama went after BP and demanded a $20 billion
dollar fund be set up for victims of the Gulf oil spill, the people of
India were furious. They saw a US double standard. The US demonstrated
it values human life within the US more than the lives of the people
of India.
BP should pay $20 billion in compensation, probably even more. The
people of India agree with that.
But people are angry because the US is treating the oil spill, called
the worst environmental disaster in US history, in a radically
different way than the US treated the explosion of a US-owned
pesticide plant in Bhopal India, which some call the worst industrial
disaster in history.
The 1984 Bhopal explosion released tons of toxic chemicals into the
air, claimed the lives of between 15,000 and 20,000 people within two
weeks, and disabled hundreds of thousands of others – many still
suffering from physical damage and genetic defects.
The plant that exploded was operated by Union Carbide India Limited, a
corporation owned by Union Carbide of the United States.
The disaster occurred in a thickly populated area close to the central
railway station in Bhopal, an urban area of 1.5 million in the heart
of India. Most people in the area lived in shanty huts.
Thousands of dead humans and animals filled the streets of Bhopal.
Survivors complain of genetic damage which has caused widespread birth
defects in children and even grandchildren of those exposed.
The soil and water of Bhopal remain toxic with heavy pesticide residue
and toxic metals like lead, mercury, arsenic, cadmium and chromium.
While President Obama displayed outrage at BP officials over the 11
deaths from the US oil spill, the US has refused to extradite Warren
Anderson, the chair of Union Carbide, to face charges for his role in
the Bhopal disaster.
Recall too that Obama advisor Larry Summers, then chief economist at
the World Bank, stated in an infamous 1971 memo. “Just between you and
me, shouldn’t the world Bank be encouraging MORE migration of the
dirty industries to the Less Developed Countries?... I’ve always
thought that under-populated countries in Africa are vastly UNDER-
polluted…”
Obsolete and hazardous industries have been systematically transferred
to the third world countries to not only exploit the cheap labor but
also to avoid disastrous impact of these industries on the advanced
countries.
Union Carbide put profit for the corporation above the lives and
health of millions of people. Dow Chemical, which took over Union
Carbide, is attempting to distance itself from all responsibility.
In India there were two Bhopal developments this month. The Indian
government announced a compensation package of $280 million for Bhopal
victims, about $22,000 for each of the families of the deceased
according to the BBC, and seven former Indian managers of the Bhopal
plant were given two year jail sentences for their part in the
explosion. These legal developments are a mockery of justice for one
of the world’s greatest disasters.
We call on the people of the US and the people of India to join
together to demand our governments respect the human rights of all
people, no matter where they live.
Together we must bring about change in corporate development. We have
to emphasize social production for the needs of people and improved
social relations.
If we continue to value some lives more than others, and to allow
corporations to spoil some areas with impunity, our world will not
last.
Unless we respect the human rights of all people and demand
corporations do that as well, we will be damned to live out the Cree
Indian prophecy “Only when the last tree from this earth has been cut
down, only when the last river has been poisoned, only when the last
fish has been caught, only then will humankind learn that money cannot
be eaten.”



Bhopal gas tragedy: US court absolves Union Carbide of liability

In a setback to 1984 Bhopal gas tragedy victims, a US court has held
that neither Union Carbide nor its former chairman Warren Anderson
were liable for environmental remediation or pollution-related claims
at the firm's former chemical plant in Bhopal.

US district judge John Keena in Manhattan dismissed a lawsuit accusing
the company of causing soil and water pollution around the Bhopal
plant due to the disaster, and ruled that Union Carbide Corporation
(UCC) and Anderson were not liable for remediation or pollution-
related claims.

The court ruled that it was Union Carbide India Ltd, and not its
parent company UCC that was responsible for the generation and
disposal of the waste that polluted drinking water, and the liability
rests with the state government.

Plaintiffs Janki Bai Sahu and others had alleged that "toxic
substances seeped into a ground aquifer, polluting the soil and
drinking water supply in residential communities surrounding the
former Bhopal Plant site".

They alleged that exposure to soil and drinking water polluted by
hazardous waste produced Union Carbine India Ltd caused injuries.

"The summary judgement record certainly indicates that UCIL consulted
with UCC about its waste disposal plans and on non-environmental
business matter like its strategic plan. However, nothing in the
evidence suggests the necessity of UCC's approval for the actions
about which plaintiffs complain," the court said in its order.

"Moreover, there is no evidence in this extensive record indicating
that UCIL manufactured pesticides on UCC's behalf, entered into
contracts or other business dealings on UCC's behalf, or otherwise
acted in UCC's name," it said.

The industrial accident, the worst in Indian history, led to the leak
of poisonous methyl isocyanate, claiming thousands of lives in the
Madhya Pradesh capital.

Editorial : BHOPAL GAS VERDICT FIXED - Shame Shame to Supreme Court
of India & Supreme Court of USA

Now it is a known fact that Bhopal Gas Leak Case Verdict was FIXED
years before , MATCH FIXED by then MP Government Chief Minister ,
Indian Prime Minister and most shame fully Chief Justice of India.
Now The Final Verdict is out in Bhopal Gas Tragedy . This kind of
Injustice can only happen in banana republics , where rich crooks are
protected by authorities & courts. SHAME SHAME to supreme court of
India , supreme court of USA & Government of USA , for practicing
double standards in enforcement of law & justice.

Double standards of supreme court of India
http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind

PIL Appeal & Show Cause Notice to Supreme Court of India
http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india

In India, Favorable treatment is given by police & courts of law for
rich crooks where as poor innocents are harassed , tortured by the
very same police & judges . In india Some MP , MLAs even take money
for asking questions in parliament / legislature , Favourable laws are
enacted to legalize crimes of rich crooks for example : Illegal land
encroachments by rich crooks. The same MPs , MLAs are not aware about
problems of poor public , they don’t even open their mouth for asking
questions on welfare of poor , let alone enact laws for welfare of
poor. No government law , no decisions of judges , no orders of public
servants are sacrosanct . Hereby , e-voice urges the supreme court of
india ,
1. To legally prosecute the jurisdictional police who changed
the charge sheet , who let out Main criminal Anderson illegally
without orders from the court.
2. To legally prosecute the SSP , DC of the district , Then
Chief Minister of Madhya Pradesh & Then Prime Minister of GOI , who
fully aided the main accussed , criminal Anderson to escape , to jump
law.
3. To legally prosecute Indian Public Servants , who were
responsible for withdrawing the case from US Courts of Justice.
4. To legally prosecute Then Chief Justice of India Justice
Ahmadi & His bench colleagues , who diluted the case by changing the
clause under which Anderson & others were charged.

The Public servants – Mps , MLAs , Judges , IAS / IPS officers ,
Police take thousands of rupees monthly salary , cars , bungalows , 5-
star hotel stay together with 5-star meal complete with alchoholic
drinks , 5-star health care at premium hospitals , business class air
travel , foreign tours , etc all at tax payer’s expense. After
enjoying to the hilt at taxpayer’s expense , these same public
servants don’t serve the public , they serve the rich crooks , anti
nationals in their greed for more money.

All the while the same poor tax payer suffers without justice . In
India more than 50 Crore people are barely surviving on a single piece
meal .Let the corrupt public servants eat their 5-star meals by the
side of the graves of Bhopal Gas Victims. Atleast this will open the
eyes of honest few in public service – police , judiciary &
parliament , it is a fond hope. Jai Hind. Vande Mataram.

Your’s sincerely,
Nagaraj.M.R.

An appeal to honourable supreme court of USA & HE Honourable
president
of USA Mr.Obama

Your government protects all Americans, all American companies both
inside America & abroad. If an American tourist is murdered in a
third
country , American investigators fly over to that country to conduct
investigation in total disregard to local laws. In the same way , if
the interests of an American company is threatened in a third country
American government goes to it's rescue.

However , when an American company butchers , causes mass man
slaughter in a third country , as an American company did in Bhopal
India , no action by American government. Still the said American
company has not removed , cleared the accident site of poisonous
debris at Bhopal India since decades and still causing mass man
slaughter , no action by American government why ?

Some US based companies are selling soft drinks , food products ,
medicines , drugs in third world countries , which are causing grave
health damages to the public. The quality standards of these products
are fit cases of rejections by US FDA. Some US companies are selling
drugs ( which are banned in the USA ) to third world countries ,
still
us companies are exporting such dangerous medicines , foods to third
countries . no action by US government , why ? is it because you
think
that the lives of non Americans are cheaper than Americans ?

Hereby, I do request your kindself ,

1 . to initiate criminal prosecution against US based key management
personnel responsible for Bhopal gas tragedy .

2 . to make either the respective company management or US government
to pay compensation to victims of Bhopal gas tragedy on par with
American lives , as if the same tragedy happened in the USA itself.

3 . to order the management of the said company to clean up Bhopal
off
poisonous debris , from the accident site at their own expense.

4 . To legally prosecute US exporters & US based companies selling
products ( which violates US FDA regulations or banned in the USA
for
domestic consumption ) to third countries.



Shame! India sold its dead cheap
Shobhan Saxena,

Around 22,000 dead. More than 1,20,000 injured. Rs 1 lakh for each
body. Rs 25,000 for every poisoned lung and damaged heart and blinded
eyes. 26 years of long wait. And just 2 years in jail for the men who
committed the worst crime against the people of this country. And this
mockery of justice after such a long wait. Twenty six years after 40
tonnes of lethal gas seeped into the lungs of Bhopal, families of some
17,000 men, women and children are still waiting for the so-called
compensation. Thousands more are still waiting to be accepted as
victims. People of Bhopal are still drinking toxic water poisoned by
Union Carbide in December 1984. And the main culprit is living life
kingsize in a mansion in New York.

No country sells its people so cheap.
No country sells its poor so cheap.
No country sells its dead so cheap.

Today – on the day of Bhopal disaster judgment -- if there is a failed
state in the world, it’s India. It’s not Iraq. It’s not Somalia. It’s
not Sudan. It’s India.

India – its government, judiciary and corporates – accepted the
ridiculous amount of $450 million dollars for the people killed and
maimed by methyl isocyanate leaked from the Union Carbide factory in
the heart of Bhopal three decades ago. In all these years, the poor
victims have done everything they could to get justice and
compensation. They have cried and died on streets, sat hungry and
faced police lathis on roads and filed court cases in the hope that
one day they will get justice.

Today, they were denied justice. Today, they were told that they
should be happy with the peanuts thrown at them by Union Carbide.
Today, India proved once again that it doesn’t care for its poor.
Today, it was proved all over again that those who do politics in the
name of poor in this country, always rule for the rich.

What justification does CBI have for not being able to produce Warren
Anderson in court. The chairman of UC at the time of the gas attack
(it was not an accident, the gas leak was caused because of cost-
cutting steps taken by him) on the people of Bhopal, Anderson was
arrested and later released on bail. He ran off to US in 1986 and we
have not been able to find him or ask the US to extradite Anderson to
India. Why? The government says it doesn’t know where Anderson is.
What a lie. What a shame.

Last year, on a balmy July day, a bunch of victims danced on the
streets after hearing news that the Chief Judicial Magistrate of
Bhopal had ordered the CBI to arrest Anderson and produce him before
the court without delay. The court also asked the CBI to explain what
steps it had taken since 2002 to enforce the warrant and extradition
of Anderson, who was declared an absconder in 1992. Though the CBI and
US government failed to track Anderson, supporters of Bhopal victims
traced him to the elite New York neighbourhood of the Hamptons. In
2003, Greenpeace activists paid Anderson a visit at his home and
handed him an arrest warrant.

Today’s ridiculous judgment in Bhopal didn’t say anything on Anderson
as he is a “proclaimed offender”. This status suits him fine because
he doesn’t have to bother about coming to India and answer some very
crucial questions:

*Why did Union Carbide not apply the same safety standards at its
plant in India as it operated at a sister plant in West Virginia, US?

*On the night of the disaster, why did the six safety measures
designed to prevent a gas leak fail to function?

*Why was the safety siren, intended to alert the people living close
to the factory, turned off?

The victims have always alleged that Bhopal happened because of
negligence by the Union Carbide and that was caused by cost-cutting
measures taken by Anderson. Is it because of this reason that Anderson
has been 'hiding' in the US?

A criminal has a reason to hide, but what reason does our government
have to let a mass murderer like Anderson go scot-free. Is it because
he is an American? Can an American come to India kill people in this
country and run away with no consequences? That seems to be the case.
We are still struggling to get a chance to question David Headley
Coleman, an American citizen responsible for the worst terror attack
on an Indian city in 2008. Will we succeed in getting Headley
extradited to India? No way. Never.

Today, India proved that it doesn’t really care for its people,
particularly if they have been slaughtered by powerful people from the
most powerful nation in the world. Instead of taking on America and
fighting for justice for its poor, India is more than happy to sell
its dead cheap.

Rs 1 lakh for every body. Rs 25,000 for every blinded eye. This is the
cost of poor life in a failed state.

Bhopal gas tragedy: 8 found guilty, get bail

BHOPAL: The seven Indian Union Carbide India Ltd (UCIL) officials
convicted in the 26-year-old Bhopal gas tragedy case have been granted
bail and released on submission of a surety of Rs 25,000 by a trial
court in Bhopal, according to a Times Now report.

Earlier on Monday, eight accused, one of whom is deceased, were
sentenced to two years in prison for causing death due to negligence.

Reacting to the development, representatives of the tragedy's victims
and their families who have been protesting outside the court, said
they would approach the Madhya Pradesh High Court to allow the
slapping of more stringent charges against all those accused in the
case.

The Magistrate court in Bhopal on Monday convicted all eight Indians
accused in the 1984 Bhopal gas tragedy case. A Rs 500,000 fine has
been imposed on UCIL.

Toxic gas leak from a Union Carbide pesticide factory in 1984 killed
thousands and left an unspecified number battered with diseases and
deformity - the toll of victims is still rising.

Despite Monday's conviction, there is little closure for victims.
Legal experts have alleged that there was an attempt to cover up the
case. It took the CBI three long years to file a chargesheet that many
believed was weak. Then in 1996 the charges were watered down making
all sections carry the maximum punishment of 2 years.

The charges were also all bailable and with the prime accused in the
case - former Union Carbide (USA) chairman Warren Anderson still on
the run and unlikely to present himself in Indian court, there is
little hope that justice will be served.

Anderson: The man who got away in Bhopal gas case
Chidanand Rajgahtta,

Long before British Petroleum, there was Union Carbide; long before
David Headley aka Daood Gilani, there was Warren Anderson.

As legal proceedings in the Bhopal gas tragedy meanders on, its
torturous path over 26 years a travesty of justice to many, two
principals associated with the disaster have faded from sight even as
newer culprits in most recent outrages (BP oil spill and Mumbai's
26/11 massacre) are in the spotlight.

Union Carbide, the American chemical company that became notorious for
the world's worst industrial disaster, is now a wholly owned
subsidiary of the Dow Chemical Company. And Warren Anderson, Union
Carbide CEO, at the time of the disaster and until his retirement in
1986, declared an absconder and a fugitive from justice by an Indian
court, lives in relative anonymity and seclusion in Long Island, New
York.

Both have washed their hands off the Bhopal disaster. Union Carbide
says its officials were not part of this case since the charges were
divided long ago into a separate case. "Furthermore, Union Carbide and
its officials are not subject to the jurisdiction of the Indian court
since they did not have any involvement in the operation of the plant,
which was owned and operated by Union Carbide India Ltd, (UCIL)" a
spokesman for the company told Wall Street Journal.

The company maintains that the Bhopal plant was designed, owned,
operated and managed on a day-to-day basis by UCIL and its employees
and all those convicted are the "appropriate people from UCIL —
officers and those who actually ran the plant on a daily basis have
appeared to face charges."

"I want you to know that Union Carbide continues to have the utmost
respect and sympathy for the victims of the tragedy and their
families. Union Carbide did all it could to help the victims and their
families from Day 1 right up through the settlement with the Indian
government," the spokesman added.

Anderson isn't talking. He hasn't spoken on record on the subject for
nearly two decades. Now nearing 90, he lives with his wife Lillian in
a million-dollar home in the swish Long Island neighbourhood of
Bridgehampton, avoiding social contact and hiding from the media and
activists who have struggled long to bring him to justice.

When Casey Harrell, a Greenpeace activist, visited his home in 2002 to
serve him a warrant, he refused to identify himself and pretended to
be someone else.

A neighbour also tried to throw Harrell off-track saying he was
someone else and blurting out that he had nothing to do with the
Bhopal disaster (even though Harrell hadn't mentioned anything about
the disaster).

Bhopal gas case: SC shot down move to slap tough charges
Dhananjay Mahapatra ,


NEW DELHI: It will be unkind to blame the trial court for handing out
mild punishments to the Bhopal gas leak accused whose collective
negligence caused an industrial catastrophe. For, the court's decision
to frame charges against them under Section 304-II of IPC — that
attracts a maximum jail term of 10 years — was set aside by the
Supreme Court itself on September 13, 1996.

Appearing for CBI, then additional solicitor general Altaf Ahmed had
argued before the SC that the accused knew about the potential danger
of the lethal gas escaping and hence should be tried under the
stringent provision.

"There was ample material produced by the prosecution in support of
the chargesheet which indicated that all the accused shared common
criminal knowledge about potential danger of escape of the lethal gas
— MIC — both on account of the defective plant which was operated
under their control and supervision at Bhopal and also on account of
the operational shortcomings detected by the Varadarajan expert
committee," Ahmed had said in court.

However, a bench comprising then Chief Justice A M Ahmedi and Justice
S B Majmudar disagreed. "On our finding that the material pressed in
service by the prosecution does not indicate even prima facie that the
accused were guilty of an offence of culpable homicide and, therefore,
Section 304-II was out of the picture, Section 304-A on this very
finding can straightaway get attracted at least prima facie," the
bench said. It then quashed the charge framed against the accused
under Section 304-II.

As legal experts decried Monday's verdict and activists involved in
rehabilitation of the victims termed it a mockery of justice, TOI
tracked down Altaf Ahmed in Dubai. Ahmed expressed disappointment, not
with the trial court verdict but with the SC's 1996 judgment.

"The dilution of the charges against the accused persons in 1996 by
the Supreme Court was very sad and in my perception not justified," he
said.

And why did he feel so, when the SC had gone through the evidence and
CBI's chargesheet in detail while giving its 40-page judgment? Ahmed
felt the apex court had erred by converting the charges from Section
304-II to Section 304A (death caused by a rash and negligent act,
under which the BMW hit-and-run accused was tried). "The management of
Union Carbide knew that necessary safety measures were not in place
and a leak of the kind that resulted in the tragedy was a distinct
possibility," he said.


END 25 YEARS OF INJUSTICE TO PEOPLE OF BHOPAL

Shortly before midnight on 2 December 1984, thousands of tonnes of
deadly chemicals leaked from Union Carbide’s pesticide plant in
Bhopal, central India. Around half a million people were exposed.
Between 7,000 and 10,000 people died in the immediate aftermath and a
further 15,000 over the next 20 years.
Nearly 25 years later, the factory site has not been cleaned up. More
than 100,000 people continue to suffer from ongoing health problems.
Efforts to provide rehabilitation – both medical care and measures to
address the socio-economic effects of the leak – have fallen way
short
of what is needed.
Many of those affected are still waiting for adequate compensation
and
the full facts of the leak and its impact have never been properly
investigated. No one has ever been held to account for what happened
at Bhopal and efforts by survivors’ organizations to use the Indian
and US court systems to see justice done and gain adequate redress
have so far been unsuccessful.
Bhopal is not just a human rights tragedy from the last century – it
is a human rights travesty today. The legacy of Bhopal persists
because the people of Bhopal have never been able to claim their
rights. Moreover, the negative impacts of the leak are affecting new
generations. Studies have shown how the exposure to the toxic gas
causes long-term effects, which can continue in children born in gas-
exposed families.
For 25 years the Indian government has failed the people of Bhopal.
Promises have been repeatedly broken and no adequate action has ever
been taken to address the impacts of the gas leak.
No company can be allowed to evade responsibility for the impacts of
its operations. Union Carbide must be held to account for what
happened at Bhopal. Dow Chemicals, which now owns Union Carbide, must
cooperate fully with the Indian government and the courts in India to
ensure justice is done and the site is fully cleaned up.
BHOPAL GAS TRAGEDY 1984 -Bhopal, India

At the first instance the Government of India failed to ensure that
Union carbide India Limited (U.C.I.L) has installed proper safety
measures and fully implemented it in practice, at it's plant in
Bhopal. The Government of Madhyapradesh through it's labour
department, factory inspectorate & pollution control board failed to
enforce safety practices & environmental protection. In turn, the
U.C.I.L didn't install in full, the safety measures being followed by
it's parent company union carbide corporation (U.C.C) at it's
Various plants in the U.S.A. The U.C.I.L. didn't give community
training to residents of nearby localities, to cope up with
emergencies ie. Industrial accidents. U.C.I.L gave a go - by to
safety
practices, as it treated Indian lives as cheap. The government of
Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to
other safe place, gave them legal title deeds just months before the
tragedy in 1984.
Now, refer the following:-
1. After the accident at it's U.C.I.L. plant at Bhopal, India in
1984,
when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A to
visit the accident site, local police arrested him on the charges of
manslaughter. However, the Government of India got him released.
2. In 1985, Government of India enacted "Bhopal claims Act" took-
away
the right of appeal of all the Gas tragedy victims & declared itself
as the sole representative of all victims. This said act itself is
violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative
under
will, agreement, trust or pleasure.
3. The paradox of this "Bhopal claims Act" is that, Government of
India which is also a party to the crime, tragedy, itself is the
appellant. The appellant (Petitioner),defendant are Government of
India, Prosecution by Government of India & Judged by Government of
India.
4. In 1989, when an appeal about interim compensation to be paid by
the U.C.I.L to all the victims was being heard in the apex court, the
supreme court of India without giving a chance to the victims to make
their point, without consulting them, without making a proper
assessment of damages/losses, gave an arbitrary figure as verdict &
dropped all civil, criminal proceedings against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting
the victims of disaster, without making proper assessment of damages/
losses, negotiated a settlement with the U.C.C. and in turn gave full
legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings
6. Even the Government of India didn't present the case of victim's-
gas tragedy victims, properly before the U.S.courts, where the U.C.C
is based. All these premeditated acts only benefited the criminals-
U.C.C&UCIL. Are not the supreme court of India & Government of India,
here to safeguard Indians and to safeguard Justice?
After all these crimes, the Government of India failed to distribute
compensation in time to victims. It has failed even to provide safe
drinking water to the residents near the accident site, It has failed
to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic
wastes either by the culprit management or by it self, that too after
20 years. The very presence of these toxic wastes since 20 years is
further contaminating, polluting the environment and taking toll of
more victims.
Particularly in the case of "Bhopal Gas Tragedy" the supreme court of
India & Government of India are deadlier criminals than
U.C.I.L&U.C.C.
Just consider a case here, Just a few years back an U.S.based M.N.C
ENRON set-up a power project in Maharashtra, India through it's
subsidiary. When Maharashtra state Electricity Board failed to lift
power from Enron& pay them monthly guaranteed revenue, Enron
threatened to invoke, open the "Eschrew Clause" with the Government
of India & to approach international arbiter U.K. Government of India
has stood as conter-guarantee in this case. Finally the Government
paid, of course subsequently the parent ENRON collapsed due to other
reasons. If in this case if Government of India failed to pay-up as a
counter guarantee & refused to comply with the award of International
arbiter, definitely Government of U.S.A. would have stepped into the
scene to protect it's MNC. Hypothetically, In the same vein if Enron
has caused damages to Indians either through negligence of safe
practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it
would have been the duty of parent Enron & Government of U.S.A. to
step in & pay-up.
In the same way, the U.C.I.L has caused massive damages to Indians &
refusing to pay commensurate to damages. Dow chemicals which took-
over U.C.C. is also refusing to pay. DOW chemicals which is the new
owner of U.C.C. naturally inherits both profits, credits lent &
liabilities to pay of U.C.C. Still it is refusing to pay. Now it is
the turn of Government of U.S.A. to cough-up the sum.
Nowadays, it has become routine for central & State ministers to go-
on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to India.
They do sign numerous agreements, only favouring MNC. When tragedies
occur or when they cheat Indian banks/ investors, it is Indians who
suffer. The ministers & bureaucrats thinks themselves as wizards and
enters into agreements with MNCs, industrialists in a hush-hush
manner, with vast scope for possible corruption. Is it not the duty
of
government to be transparent ?


Bhopal gas case: ex-CBI men, Moily fight verbal war as Warren Anderson
goes scot-free

New Delhi: Bhopal gas tragedy prime accused Warren Anderson’s failed
extradition has kicked off a war of words between former CBI
investigators and the law minister.
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• Bhopal gas leak tragedy convicts released on bail
Complete Coverage
The Bhopal Gas Tragedy
Officers who probed the case but have now retired claim their hands
were tied by government missives directing CBI not to pursue
Anderson’s extradition.
In fact, the government had committed to the US that Anderson would
not be arrested during his visit to Bhopal in the aftermath of the
tragedy. Accordingly, he was allowed to return.
Former CBI joint director BR Lall, who briefly investigated the case,
recalls receiving a letter from the ministry of external affairs to
not pursue Anderson’s extradition.
“I distinctly remember receiving a routine letter which said Warren
Anderson’s extradition may not be pursued. Normally, directions are
not received through letters. It was a rare case,” he told DNA, making
a case for greater autonomy to CBI.
“We [CBI] had responded to the letter that investigations required
[Anderson’s] extradition,” Lall said.
His boss, former CBI jointdirector Joginder Singh, said there was
little the agency could have done.
“CBI did its best to investigate the case fairly and push for
Anderson’s extradition. But our hands were tied. In 1996, we got a
major blow when the Supreme Court deleted criminal sections from the
case.”
The CBI charge sheet mentioned section 304 IPC (culpable homicide with
a maximum punishment of 10 years). However, the charges were watered
down to 304 (a) (death due to negligence), usually used in cases of
road accidents.
“With such a mild section, it is impossible to get an extradition
anywhere. The moment 304 was quashed, half the case was lost,” Singh
said.
Law minister Veerappa Moily refuted the allegations. Reacting sharply
to Lall’s claims, he said, “After retirement people can give many
statements. It is an irresponsible statement. This is not done at all.
I think we need to do something to deal with such people who fail to
discharge their duty and after retirement, try to become heroes or
martyrs of the situation.”

New Delhi: A former senior CBI official, involved in the Bhopal gas
leak case investigations, today claimed that the probe was
"influenced", generating a strong reaction from law minister M
Veerappa Moily who termed the remarks as "irresponsible."
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Complete Coverage
The Bhopal Gas Tragedy
The officer, BR Lall, former joint director of the agency and in-
charge of the probe also said he was forced by the ministry of
external affairs officials not to follow extradition of Warren
Anderson, the CEO of Union Carbide Corporation when the gas leak took
place 26 years ago.
"CBI investigation was influenced and commanded by some officials, as
a result the justice in the Bhopal Gas leakage case got delayed,
hence, denied," said Lall, the CBI officer in charge of the
investigation from April 1994 to July 1995.
However, Moily, while reacting to Lall's claim said, "After
retirement, people can give many statement. It is an irresponsible
statement. This is not done at all. After retirement, people become
martyrs by making such statements."
Claiming that CBI was an "under command" organisation, Lall said, "We
need to make it free from government control to
ensure transparency and fair probe. In other countries, all chief
investigating agencies have been given autonomy by keeping it out of
the control of the judiciary, bureaucracy and executive powers."
The charges by Lall came hours after a local court in Bhopal yesterday
convicted former Union Carbide, India, chairman Keshub Mahindra and
seven others for the world's worst industrial disaster, that left more
than 15,000 dead on the intervening night of December 2-3 in 1984.
"I was told by the ministry of external affairs officials not to
follow the extradition of Warren Anderson, which affected the CBI
probe," Lall, who is now retired, further claimed.
After registering a case, CBI had filed its chargesheet under Section
304 IPC, which amounts to culpable homicide with maximum punishment of
10 years. However, the charges were later watered down to 304 (a),
usually used in road accidents.
"I do not know what circumstances and evidences forced CBI or others
involved in the proceedings to lower the section," he said.
However, MEA sources maintained that "in 2003, a request for
extradition of Anderson was made to the US side under India-US
bilateral extradition treaty. This request has already been reiterated
on more than one occasion."
Anderson, 89, the then chairman of Union Carbide Corporation of USA,
who lives in the United States, appeared to have gone scot-free for
the present as he is still an absconder and did not subject himself to
trial. There was no word about him in the judgement of the Bhopal
court.

Anderson flew in, out of Bhopal in state govt's plane: Capt SH Ali

New Delhi: Claims that Union Carbide CEO Warren Anderson had flown in
and out of Bhopal in a state government plane was today strengthened
by the aircraft's pilot.
''We got flight information from the then Director of Aviation R S
Sodhi for a flight from Bhopal to Delhi and were told to keep the
aircraft, a state government plane, ready,'' Captain Syed Hasan Ali
claimed in an interview to a news channel.
Bhopal Gas: Centre reconstitutes GoM, MP govt to file appeal
He added that Anderson's identity was kept a secret from him. ''We did
not know who he was,'' he said.
Capt Ali further claimed that Anderson was alone in the aircraft and
looked upset and tired. ''As we waited for him, he came with the then
SP and the District Magistrate of Bhopal. When we landed in Delhi, an
ambassador picked him up from next to the plane and I left him with
the airport manager,'' he claimed.
Anderson case not closed, he slipped because of CBI: Moily
Capt Sodhi, seconding the pilot's claims, said it was on orders of
Arjun Singh government that Anderson was allowed to fly.
''I had received a call from the office of the then Chief Minister,
Arjun Singh, ordering to arrange Anderson's departure on December 7,
1984,'' Captain R S Sodhi claimed in an interview to a news channel
today.
Eight held guilty for Bhopal gas tragedy, get two years in jail
He alleged Anderson, a few hours after he came to know about his
charges with culpable homicide, reached the airport where the Chief
Minister's official plane stood waiting for him, along with senior
bureaucrats and police officers.
The city's Superintendent of Police and the district magistrate, Moti
Singh, waved to Anderson as he boarded Singh's plane, he said.
Earlier, Moti Singh had also alleged that the then Chief Secretary of
the state had called him to his room and told him to arrange for the
flight of Anderson out of Bhopal.
''The then chairman Keshub Mahindra and UCIL's then managing director
Vijay Gokhale after landing in Bhopal were taken into custody at the
airport itself but soon after that, he and the district police chief
were told by the Chief Secretary to get the US citizen released on
bail and send him to Delhi by plane,'' he said.

Bhopal gas tragedy : 'Rajiv Gandhi' helped Warren Anderson escape?

Courtesy : CNN-IBN. Warren Anderson, former chairman of the American
parent company Union Carbide Corp responsible for the 1984 Bhopal gas
tragedy, got out of India on the government’s order.

Moti Singh, who was the District Collector of Bhopal at the time of
gas leak from the Union Carbide plant, said this to CNN-IBN on
Wednesday.

He alleged Brahm Swaroop, Chief Secretary of Madhya Pradesh at the
time, called him and the Superintendent of Police (SP) personally and
asked him to release Anderson.

Anderson was arrested on December 7 but he was released the same day
and flew out of Bhopal in a state government plane to New Delhi, said
Singh. SeveralUnion Carbide officials were arrested on December 7 and
kept at the company guesthouse after the gas leak on December 1, which
was declared a temporary police station.

"At around 2 pm in the afternoon the Chief Secretary summoned me to
his chamber in the Secretariat. We went there -- he (Chief Secretary)
said Mr Anderson was to be released and sent to Delhi by plane which
was awaiting him at the airport. We did legal formalities and Anderson
was released on bail. He was put on the plane and he went to Delhi,”
said Singh.

The former official said he was never given reasons why Anderson was
being released. Singh claimed Anderson wanted to visited areas
affected by the gas leak but he was told there was a threat to his
life.

"He was reluctant to leave immediately. He said he wanted to see the
affected areas and meet the people. I told him he was not welcome in
Bhopal and that there was risk to his life and in no case he could be
allowed to go to the affected areas.”

The former district collector claimed Anderson seemed casual and
showed “symptoms of arrogance” but toned down when he was told that he
was being released.

Singh recalls Anderson briefed him on how the deadly methyl isocyanate
(MIC) gas "leaks, how it works” and what wind direction it will take.
Singh says Anderson’s information tallied with what was happening in
the city.

Anderson was charged with culpable homicide not amounting to murder,
grievous assault and killing and poisoning human beings and animals
due to leakage of the MIC gas from theUnion Carbide's pesticide plant
in Bhopal.

A Bhopal trial court on Monday convicted eight Indian officials of
Union Carbide for their criminal negligence that triggered the world's
worst industrial disaster, but Anderson was not mentioned in the
judgment.

Law Minister Veerappa Moily on Tuesday told CNN-IBN the “case” against
Anderson was not closed and blamed a former Central Bureau of
Investigation officer, who had investigated the gas leak, of not
pressing for the American’s extradition.




Bhopal gas tragedy : Warren Anderson released after deleting a
'charge'

Three days after the Bhopal gas tragedy, the police here had released
the then Union Carbide CEO Warren Anderson and two others on bail by
"deleting" in the complaint a stringent charge under the IPC against
them, trial court sources said today.

A perusal of court documents shows that the in-charge of the Hanuman
Ganj Police Station, Surender Singh, had initially arrested Anderson,
then UCIL chairman Keshub Mahindra and senior company official Vijay
Prakash Gokhale at 10.10 AM on December 7,1984 in the presence of one
Rakesh Kumar under various sections of IPC including 304 (culpable
homicide not amounting to murder).

They were also charged with sections 304 A (causing death by
negligence), 278 (making atmosphere noxious to health), 284 (negligent
conduct with respect to poisonous substance), 426 (mischief) and 429
(mischief by killing or maiming cattle, other animals).

Later, the police released the three, "deleting" the charge against
them under Section 304, they said.

The sources said that police had no right to delete such a charge and
in doing so they had exceeded their brief.

"If the charge had not been deleted, Anderson may not have been able
to leave India," they said.

The CBI had later booked Mahindra and Gokhale under Section 304 which
provides for prison term of 10 years. However, the Supreme Court had
dropped the stringent section in the case.

Over 15,000 people were killed and thousands of others maimed when the
deadly methyl isocyanate (MIC) gas leaked from the Union Carbide plant
on the intervening night of December 2-3, 1984.

Date : June 11th, 2010. News by Newsofap.com

Bhopal gas tragedy: Justice Ahmadi offers resignation

Bhopal: Former Supreme Court Chief Justice AH Ahmadi, facing flak for
the 1996 verdict in the Bhopal gas tragedy case, has offered to resign
from the post of Bhopal Memorial Hospital Trust chairman.

Speaking to a daily, the former CJI said, “I will send a fresh
application to the new Chief Justice of India asking to be relieved of
the responsibility, though my previous application was pending with
former CJI KG Balakrishnan.”

Justifying his stand, Ahmadi said that he had not committed any
impropriety by agreeing to head a multi-million dollar trust set up by
the Union Carbide after the gas leak.



Justice Ahmadi, who headed the bench in 1996 that converted the CBI
charge under the stringent provisions of 304-II that provided for
maximum of 10-year imprisonment to Section with two-year maximum
imprisonment, said it was easy for people to talk and make allegations
but judges have to work as per the system.

A two-judge bench headed by then CJI Ahmadi reduced the charge of
culpable homicide not amounting to murder to causing death by
negligence.

Giving his clarifications on the judgment, Justice Ahmadi rejected
criticism of dilution of charge against Union Carbide executives in
Bhopal gas tragedy case, saying in criminal law there was no concept
of vicarious liability.

He also lamented the lack of a law to deal with disasters of Bhopal
kind and said law can be amended to provide for adequate punishment.

Few days back, an organisation of Bhopal gas victims disputed Justice
Ahmadi's claim that no one had filed a review petition after the
Supreme Court dropped charges of culpable homicide against the accused
in the case.



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"Our organisation had filed a review petition but that was dismissed
in 1996 by the Supreme Court, which was then headed by Ahmadi
himself," the convenor of Bhopal Gas Peedit Mahila Udyog Sangthan,
Abdul Jabbar had said.

As the guilty had not been charged under Section 304 of IPC (culpable
homicide not amounting to murder), they were let off with imprisonment
of only two years each, Jabbar claimed.

Justice Ahmadi, who had delivered the Bhopal gas tragedy case verdict
in on June 09 1996, said he could not recollect whether a review
petition was filed. However, he had earlier stated in a television
interview that no review petition was filed.

Since retirement, Ahmadi has been presiding over Bhopal Memorial
Hospital Trust that runs a 350-bed superspeciality hospital. The trust
was set up by Union Carbide.

A total of Rs 600 crore has gone into the trust, but its accounts are
not in the public domain. The trust deed mandates that an SC judge
should be its chairman and Ahmadi has been at its helm since
retirement.

Man Who Warned of Bhopal Gas Leak

Congress spokesman Satyvrat Chaturvedi has defended former prime
minister Rajiv Gandhi [ Images ] whose role in letting the guilty in
the Bhopal gas tragedy get off lightly is under the scanner due to the
public outcry over the recent judgment in the case -- 26 years after
the event. On the night of 2/3 December, 1984, when deadly gas leaked
from the Union Carbide plant in Bhopal, Arjun Singh [ Images ] was
chief minister of Madhya Pradesh [ Images ] and Gandhi was the prime
minister of India [ Images ].
In the first few years after the tragedy, tremendous pressure was put
up by the American corporate lobby and the government on India to save
the US-based Union Carbide, the parent company, from civil and
criminal liability.
As a result, at every little step, the law could not provide justice
to the over 15,000 who died due to the gas leak. More than five lakh
victims who suffered chronic diseases are struggling and pleading for
help, even now.
The June 7 judgment of a local court in Bhopal, sentencing the
convicted officials of the Indian arm of Union Carbide to a mere two-
year sentence, has made the entire nation feel small and impotent
before the might of the multinational corporations, the sluggish
Indian justice system and its spineless political establishment.
The entire Bhopal saga was witnessed from close quarters by Rajkumar
Keswani, an outstanding journalist, who had in fact foreseen this
catastrophe. His work proves that the tragedy of Bhopal started much
before December 3, 1984.
Two years before the Union Carbide factory leaked killer gas, he wrote
in a weekly magazine called Rapat (news): 'Bhopal jwalamukhi ki kagaar
par (Bhopal on the edge of a volcano)'.
Keswani has witnessed the entire saga of deception of the victims of
Bhopal by the Indian and American governments and multinational
corporations. He shares his agony in a telephonic interview with
rediff.com's Sheela Bhatt.
You have been following the Bhopal gas leak case for 25 years. What
was your first reaction on hearing the verdict on June 7?
I had no expectations on that day. The seed of this judgment was sown
when a Supreme Court bench headed by then Chief Justice of India, A H
Ahmadi, passed a judgment in 1996 that converted section 304 (II)
(culpable homicide not amounting to murder) of the Indian penal code
to 304-A (causing death by negligence) to try the case. In 1996 we
knew the fate of the Bhopal gas case. He diluted the charges filed
against Union Carbide. What happened was the culmination of injustice
that started with that judgment.
Was there a design behind this?
I can't say how it was done. But surely there was some design.
Eventually, after retirement, Justice Ahmadi became the lifetime
chairman of the Bhopal Memorial Hospital Trust and Research Centre
which has funds worth millions of rupees. Those millions, paid by
Union Carbide for the poor victims, are under his control even now.
The dilution of charges helped (UCC chairman) Warren Anderson and
Union Carbide in a big way, right?
When we talk about Union Carbide and Anderson, we must remember that
they have never ever been subject to Indian laws. They have never
appeared before an Indian court, nor have they lost anything due to
Bhopal or benefited by the June 7 judgment. Our country's system gave
them eternal protection from any legal proceedings. There was no
serious attempt at all to bring Anderson to this country in the last
25 years.
Can you tell us what kind of evidence you had against the US-based
Union Carbide Corporation, parent company of Union Carbide India?
I started working on this story in 1981. That was the time when my
friend Mohammad Asharaf was working in Union Carbide India Limited. He
died due to exposure to phosgene gas. I had an idea that some
hazardous chemicals are being used in the Bhopal factory. I reported
on his death and then worked for nine months on knowing about the
factory. I reported my first story in September 1982. In October that
year I ran a series and wrote weekly reports against Union Carbide and
the possibility of risk to human lives due to the chemicals in the
plant. People treated me like a crazy man. They used to tell me, 'Arre
aisa kabhi hota hai kya? Aisa kabhi hua hai kya is duniya mein?' (Do
things like this happen? Have such things happened anywhere in the
world?)
People in government, who were in the know of things, were hand in
glove with the management of Union Carbide. They would trust Union
Carbide more than anything else. Union Carbide was the only
multinational at that time in a small city like Bhopal. Their
reputation was such that it was difficult for anyone to believe that
they could be negligent. It was very disappointing for me.
But what kind of evidence did you have against UCC of the US?
In 1982, an audit team had visited Union Carbide in Bhopal. They had
inspected the plant and said that certain safety measures must be
taken, otherwise there could be a gas leak. I printed the report of
the visit of the audit team and their observations in Jansatta before
the 1984 gas leak.
At 15 places in that report, they had written that safety measures are
not proper and it could have a 'runaway' reaction. So the plant had
problems before the leak in 1984. There is enough proof. Second, UCC,
USA said they were not involved in the day to day running of the plant
so they could not be made responsible. There are telex messages as
proof which shows that the company in USA was totally involved in all
the decisions of the company in Bhopal. They were sending instructions
to Bhopal.
UCC India had a works manager named J Mukund (one of the accused who
was convicted on June 7). He had sent a message asking for advice
about coating the pipes. The US-based parent company sent him a
message saying that the best material for piping would be too
expensive and too difficult to acquire. How can UCC, USA escape their
responsibility when they were advising Bhopal to economise on safety
measures? They were telling Bhopal to use cheaper material. They were
advising it to compromise on safety. Mukund's message was sent on
August 27, 1984. Just a few weeks before the fateful leak.
Do you have the copies of those telex exchanges?
Yes.
Justice Ahmadi, when he diluted the charges against the company,
didn't see these telex messages?
He saw what he wanted to see. Actually, there was a review petition of
his order but he rejected it. We had sent messages to all the members
of Parliament at that time to press for a review of the dilution of
charges against the company. There are hundreds of documents that
suggest that the parent company was involved in the running of the
Bhopal company and they were aware of the problems in the plant. I
submitted all of it in a US court too.
In 1982, I had documents to prove that safety measures in the plant
were faulty. I managed to raise the Union Carbide plant issue in the
MP assembly. The government denied any such threat, it is on record.
The government denied my report and said there is a fool-proof system
in the factory and there is nothing to worry about. The government
said all these things in defence of Union Carbide in December 1982! I
wrote to the Chief Justice of India in 1982 to intervene in the Bhopal
factory. Nobody cared. I got no response.
Who played the bigger game in the Bhopal 'cover-up'?
Union Carbide Corporation, USA, played the game with the help of the
Government of India and the government of Madhya Pradesh. If you find
out how the settlement of 1989 was reached, you will know what I am
saying is correct. The settlement was done with the Supreme Court's
sanction. Carbide agreed to pay Rs 705 crore and the Government of
India agreed to drop all civil and criminal cases against Union
Carbide, which was later challenged in the court. Who did this? It was
Rajiv Gandhi who made this settlement possible. It was the ultimate
shame that the Government of India accepted money for the victims to
quash criminal proceedings against UCC.
I challenged it in the court with the help of Indira Jaising, my
lawyer. Only after that petition was the criminal case revived in June
1989. Anyone can understand what the role of the Government of India
has been in helping victims.
It's very intriguing to see that after the Bhopal tragedy innumerable
NGOs, from stalwarts like Indira Jaising to hundreds of local
community leaders, fought for the victims but nothing came out of it.
Why such a total failure?
This is a very serious question. I am also worried about it. I don't
know if I should say anything on it.
But so much has been done by the foot soldiers of civil society. All
over the world the victims have sympathisers. Still justice was not
done. Why?
These are voices only. In society today only a loud bang is heard.
That can be done by the television media. If the people would have
reacted in a similar manner in 1996 to Justice Ahmadi's decision, the
Bhopal verdict would have been different.
How do you look at the Bhopal judgment?
I think the judge in his wisdom has not spoken much on (UC India
chairman) Keshub Mahindra's role. We have a grouse against it. It
should be challenged. The Indian managers were equally responsible.
In Bhopal, during these 26 years, has Keshub Mahindra ever said sorry?
No. Rather, they have been manipulating the case. I have evidence to
say so.
Who are the guilty men of Bhopal?
There is Union Carbide Company who compromised safety for profit.
There was the Indian government who could not withstand the might of
the multinationals. The cause of the tragedy was Union Carbide, but
the injustice was due to the slow process of the judiciary and the
Central Bureau of Investigation. The investigating agency became a
partner in crime.
Who helped Anderson? Who executed the operation to get him out of
India on December 7, 1984?
The American government and the US embassy put pressure on the Indian
government. They put pressure on the Prime Minister's Office. Rajiv
Gandhi, reportedly, asked Arun Singh to ensure Anderson's release.
Chief Minister Arjun Singh didn't convey to New Delhi [ Images ] the
popular sentiments on the ground in Bhopal.
We reported these things then. We have no recordings of it now but we
reported though our sources.
You are fighting since 26 years but now you see all around that people
are reacting sensitively. There is a feeling of anguish and
frustration. How do you see the new-found interest in the Bhopal case?
This is due to the new media and the images on television. Yeh TV ka
kamal hai. These days, we are dictated by images on TV. They make us
cry and they make us laugh. It is good, and even bad sometimes. In the
case of Bhopal tragedy it is good that TV is shaking our memories.

Police released Anderson after 'deleting' stringent charge

Three days after the Bhopal gas tragedy, the police here had released
the then Union Carbide CEO Warren Anderson and two others on bail by
"deleting" in the complaint a stringent charge under the IPC against
them, trial court sources said today.

A perusal of court documents shows that the in-charge of the Hanuman
Ganj Police Station, Surender Singh, had initially arrested Anderson,
then UCIL chairman Keshub Mahindra and senior company official Vijay
Prakash Gokhale at 10.10 AM on December 7,1984 in the presence of one
Rakesh Kumar under various sections of IPC including 304 (culpable
homicide not amounting to murder).

They were also charged with sections 304 A (causing death by
negligence), 278 (making atmosphere noxious to health), 284 (negligent
conduct with respect to poisonous substance), 426 (mischief) and 429
(mischief by killing or maiming cattle, other animals).

Later, the police released the three, "deleting" the charge against
them under Section 304, they said.

The sources said that police had no right to delete such a charge and
in doing so they had exceeded their brief.

"If the charge had not been deleted, Anderson may not have been able
to leave India," they said.

The CBI had later booked Mahindra and Gokhale under Section 304 which
provides for prison term of 10 years. However, the Supreme Court had
dropped the stringent section in the case.

Over 15,000 people were killed and thousands of others maimed when the
deadly methyl isocyanate (MIC) gas leaked from the Union Carbide plant
on the intervening night of December 2-3, 1984.

MP CM seeks explanation from Arjun Singh on how Anderson fled

New Delhi: Madhya Pradesh Chief Minister Shivraj Singh Chouhan on
Friday said that his government will go to any extent to get justice
for Bhopal gas victims and demanded an explanation from then Chief
Minister Arjun Singh on how former Union Carbide CEO Warren Anderson
fled the country.

"We will go to any extent to get justice for the victims...This is not
an issue of Bhopal or the state. It should act as an example of how to
give punishment in such cases," he told reporters here.

Noting that the people of the state felt "let down" following the gas
tragedy verdict, Chouhan said he has written to Arjun Singh and asked
for a reply on the circumstances that led to Anderson's escape.

"Let Arjun Singh explain it. Whether he did it (gave permission for
providing state aircraft) himself or anybody told him to do so. We
want a reply from him if a wrong direction was given. And after all,
why such a direction was given.

"There are lot many questions like why the CBI filed no appeal when
the charges in the case were diluted in 1997. If he gives a statement,
things would be clear. The state and the country want to know these
circumstances," he said.

Chouhan said a five-member team of legal experts has been set up by
the state government to look into the issue and examine what could be
done legally to get Bhopal gas victims justice. The interim report of
the team would be out in the next ten days, he said.

Asked about the conflicting statements of Congress leaders like
Digvijay Singh and Satyavrat Chaturvedi on Anderson fleeing the
country, Chouhan said he did not want to politicise the issue but
added that this was only leading to confusion.

"Somebody is saying the Centre is responsible while somebody else says
the issues comes under the state. Different people are speaking in
different voices...One wants to protect somebody while the other wants
to trap someone else.

"This is leading to confusion... Arjun Singh should speak the truth.
What other Congress leaders are speaking is only bringing out the
contradictions within the Congress party," he said.

He said that his government is open to all options and will decide
after the committee report on whether to constitute a probe commission
go into the lapses or take up the issue with US courts.


CBI failed to act on warrant against Anderson last year

Bhopal: The trial court in the Bhopal gas tragedy case had issued an
arrest warrant against former Union Carbide CEO Warren Anderson last
year but the CBI had failed to give any written response to it,
according to court sources.

They said the warrant, the second against Anderson, was issued by
Chief Judicial Magistrate Mohan P Tiwari on July 2, 2009 but the CBI
did not give any written response to it.

Anderson was the chairman of the Union Carbide Corporation (UCC) at
the time of the disaster in December 1984 which left over 15,000
people dead.

Instead, they said, a CBI official met Tiwari and orally conveyed to
him that for the agency, Anderson's case had been closed.

The first court warrant against Anderson was issued in 1992.

Direction to release Anderson must have come from CM: Ex HS

New Delhi: Former Madhya Pradesh Home Secretary K S Sharma on Friday
said that the then Chief Minister Arjun Singh may have given
directions to officials to release former Union Carbide chief Warren
Anderson.

Sharma, who was the Home Secretary when the Bhopal gas tragedy took
place, said the pressure to release Anderson must have come from the
Chief Minister as "no officer would take such a step without direct
instructions from the government".

"Right from the beginning there had been some soft approach towards
the whole thing otherwise he (Anderson) would have not been kept in a
guest house when he was in custody. Releasing an accused of such a
heinous crime on the same day means there was a tremendous pressure,"
he said.

"...It is difficult to say from where this pressure came but certainly
the pressure from Chief Minister on officials must have been there
because no officer would take such a step without direct instructions
from government."

Sharma claimed despite being the Home Secretary he was not kept in the
loop and "not informed about Anderson's release."

To a question whether there was pressure on Arjun Singh, he said:
"This is not known to me whether there was some pressure on Arjun
Singh or not...I did not discuss with Chief Minister Arjun Singh. I
really do not know.

"But he certainly gave (some) instructions because the Collector had
said the Chief Secretary told him. The Chief Secretary should not have
told him. The Chief Secretary should not have passed on these
instructions without very strong instructions from the Chief
Minister," he said.

He also questioned the Government's decision to keep Anderson in a
guest house after his arrest and termed the grant of bail to him as
illegal.

"It is certainly unusual. Although in a few cases it does happen but
it is when the offence is not heinous and the person is respectable.
But so far as this case is concerned, 15,000 persons have died and
keeping accused in rest house was certainly, I would say, very
unfortunate and shouldn't have been done," Sharma said.

"When the case, which was registered under Section 304 which is a non-
bailable cognisable offence in which the bail can only be granted by
Sessions court after the discussions and arguments by both sides.
Therefore the grant of bail in my view was illegal," the former
bureaucrat said.

"In a high profile case, in which so many persons died and somebody
who had come from the US has been arrested and if he has been released
same day on bail, not informing me or not keeping me in the loop, not
consulting me was certainly not normal. In such cases the Home
Secretary is always consulted."

Sharma said the then Bhopal Superintendent of Police had informed him
about Anderson's arrest and he was not aware that he was released on
bail.

"Whether there was pressure or not, I am not aware because till his
release I was not in the loop. I was not consulted at all. So I have
absolutely no information whether there was pressure to release,"
Sharma said.

Congress denies Rajiv had a role in Anderson escape

New Delhi: The Congress party on Friday strongly rejected a former
prime ministerial aide P.C. Alexander's indication that the then prime
minister Rajiv Gandhi had helped Warren Anderson, the CEO of Union
Carbide Corp in 1984, escape from the country within days of Bhopal
gas tragedy.

Alexander reportedly stated that Gandhi and then Madhya Pradesh chief
minister Arjun Singh were directly in touch with each other over the
escape of Anderson from the country barely days after the world's
biggest industrial disaster in Bhopal Dec 2-3, 1984.

Congress spokesperson Jayanti Natarajan said there "is nothing
unusual" in a prime minister and a chief minister being in constant
touch with each other.

She said the Group of Ministers for Bhopal gas tragedy would "gather
all information and put it before the people".

Saving Democracy From The Corporate Veil
By Gopal Krishna
Five things the US should do to quell the global outrage after the
recent verdict in the Bhopal gas leak case and provide some justice to
the victims
The labour pains for giving birth to an understanding of a trans-
national corporation, the scope of its civil and criminal liability,
its corporate veil and the chemical disaster of Bhopal is still far
from over. By now it is clear that unless US government decides to act
no one else can get to the bottom of the most complex industrial
catastrophe known to mankind in the 20th century. Without the helpful
intervention by the US President Barack Obama, the litigation process
will never be able to provide justice to the victims and penalise the
natural and artificial culprits.
As democracies, like Indian government, is it time for US government
too to act as parens patriae (guardian) for the past, present and
future victims of Bhopal in particular and for justice seeking people
of the world. The parens patriae doctrine which was deemed as a
pioneering innovation in jurisprudence was invoked for the protection
of all victims of disaster but was sabotaged.
While government of India enacted itself as parens patriae, Dow
Chemicals Company (after Union Carbide's merger in 2001) and its agent
in the government have enacted for themselves a similar role for the
global community of the trans-national corporations against justice
seeking victims.
The global outrage against such sabotage stage-managed under the
guidance of US government that has become evident in the aftermath of
the June 7 verdict merits President Obama's intervention to set
matters right. Taking recourse to judicial escapism instead of acting
to evolve a jurisprudence of liability for corporations gravely
endangers people's trust in democracy everywhere.
The deafening silence of the US president and legislature to ensure
justice to the victims of corporation engineered mass disaster if not
broken would constitute "yet another instance of American imperialism"
in the words of US Judge Keenan who heard the Bhopal case in New York
district court.
Unaccountable and ungovernable corporations are a threat to all the
democracies. If democracy in US and India is indeed non-negotiable, it
merits global efforts to Dow Chemicals and Warren Anderson
accountable. This is required to fix the liability of a trans-national
corporation. In a historic and touching "extraordinary act a foreign
sovereign government seeking justice in an American court", India had
appealed to the democratic judicial system of US for relief in the
matter of industrial disaster of Bhopal caused by a US multinational
corporation. How democratic governments of US and India respond to
provide legal remedy sets a precedent that either legitimises or
delegitamises its very existence.
The government of India filed a suit on September 5, 1986 for damages
in the court of district judge, Bhopal (Regular Civil Suit N. 113/86)
against the US company, Union Carbide Corporation, Connecticut, USA on
behalf of all the persons, who have suffered damages due to Bhopal gas
leak disaster praying for "a decree for punitive damages in an amount
sufficient to deter the defendant Union Carbide and other
multinational corporations involved in similar business activities
from willful, malicious and wanton disregard of the rights and safety
of citizens of India." The Indian government noted in its reply in the
court that Union Carbide's management policies, states that "it is the
general policy of the corporation to secure and maintain effective
management control of an affiliate."
If the US is indeed a democratic state, its constitution is still
alive then it must make corporations like Dow Chemicals and British
Petroleum liable and accountable for their acts of omission and
commission. The following steps are required in US towards that end:
1. The US government should accept the above submission of the
government of India that "the corporation and its subsidiaries are
treated as a unit, without regard to the location of responsibility
within that unit". Consequently, an illegal act by it be deemed as the
act of the corporation, without consideration to its location of
responsibility. The customary alibi of corporations like Dow Chemicals
is an act in sophistry designed to conceal fact of crime and criminals
of the upper-world. The US government should disclose all the trade
secrets of the Union Carbide Corporation and its research and
development centre that Union Carbide operated in Bhopal since 1976
that was suspected to be experimenting with wartime use of chemicals.
This suspicion regarding the disaster being a consequence of
experimenting with war time chemicals is yet to be probed. US
government should undertake and facilitate such probe.
2. The US government must take note of the verdict by the chief
judicial magistrate, Bhopal, wherein it is stated, "Warren Anderson,
UCC USA and UCC Kowlnn Hong Kong are still absconding and therefore,
every part of this case (criminal file) is kept intact along with the
exhibited and un-exhibited documents and the property related to this
case, in safe custody, till their appearance". In the interest of
justice for the Bhopal victims, the US government should expedite the
process of extraditing Anderson at the earliest.
3. Dow Chemicals Company has set aside $2.2 billion to address future
asbestos-related liabilities arising out of the Union Carbide
acquisition. How is that Dow Chemicals can take the asbestos liability
of Union Carbide and not the liability for the industrial catastrophe
in Bhopal? The US government should volunteer its assistance in
ascertaining the Bhopal disaster's inherited liability of Dow
Chemicals Company.
4. The US government should promote acceptance of the resolution of UN
Sub-Commission on the Promotion and Protection of Human Rights that
approved the 'UN norms on the responsibilities of transnational
corporations and other business enterprises with regard to human
rights' as a step towards ensuring corporate accountability. Article
18 of the norms called on trans-national corporations and other
business enterprises to make reparations for damage done through their
failure to meet the standards spelled out: "Transnational corporations
and other business enterprises shall provide prompt, effective and
adequate reparation to those persons, entities and communities that
have been adversely affected by failures to comply with these norms
through, inter alia, reparations, restitution, compensation and
rehabilitation for any damage done or property taken. In connection
with determining damages, in regard to criminal sanctions, and in all
other respects, these norms shall be applied by national courts and/or
international tribunals, pursuant to national and international law."
5. In memory of victims of Bhopal, the US and Indian governments
should call for a mandatory regime for regulating trans-national
corporations unlike UN's voluntary global compact and reject the
report of the United Nations Secretary-General's Special
Representative for Business and Human Rights wherein it underlined the
need for voluntary regulation and self compliance by the companies
saying, "While corporations may be considered organs of society, they
are specialised economic organs, not democratic public interest
institutions.
If there is one lesson that democracies across the world have clearly
not learnt from industrial disasters, it is to ascertain the nature of
all the genocidal acts of corporations and the very legal design of
the corporation so as to make it genuinely governable by democratic
legislatures. A befitting tribute to victims of Bhopal lies in
learning this lesson in order to prevent future industrial warfare
that irreparably undermines intergenerational equity.

The Cost Of An Indian Life
By Dr. Vispi Jokhi

Twenty-six years ago the people of Bhopal were exposed to a lethal gas
in one of the world's worst industrial accident. But, was it an
accident? The answer is contrary to popular perception a resounding
"No". Because we as a nation have rulers who have devalued our lives
to such an extent that we have not one but many Bhopals which have
occurred in the past, which occur daily and will continue to do so in
the future and we will not even notice or see and raise even a whimper
of protest any of these events.
To just list a few examples I would like to mention more than a lakh
suicides by farmers all over the country, sub-saharan levels of hunger
poverty and destitution, high infant and maternal mortality due to
lack of sanitation and clean drinking water and primary health care
facilities, callous displacement of tribals and the poor in the name
of large dams, factories, mines, SEZ's, factories, ports. I can go on
and on. But is it only the Government who needs to be blamed? Are we
all not guilty with our apathy and complicit acceptance of these
policies of successive governments? Our obsession with GDP, sensex
driven growth has led to wanton destruction of the environment and
massive unrest among the poor and dispossessed masses of India.
Besides the above issues, India loses so many human lives to natural
disasters like floods, earthquakes, drought and such other phenomenon.
All this was accepted as our karma when we were ruled by the
Englishmen, but in 1947 our rulers gave us a constitution which
pronounced that we became a sovereign socialistic secular republic
where all citizens are equal before the law.
Our "chalta hain " attitude and disregard for rule of law and poor
civic sense are responsible for state of our nation today. We need to
turn the mirror to our own faces and correct ourselves. Our non-caring
so long as the issue is not directly related to us is completely wrong
as we must realize that in the welfare of all lies our own welfare.
Discipline, civic sense, compassion for our poor unseen brethren,
moderation in all aspects of life are the stepping stones to reversing
the reasons for the Bhopals. We must put a value to the life of every
Indian and not allow people to become mere statistics. Accountability,
rule of law and equality before law must be the corner stones of the
future path of our nation.
Bhopal is a mere symptom of a deep rooted disease which needs to be
tackled by systemic change and course correction in favor of a
sustainable economic growth pattern based on human happiness sound
ecological principles. I do not see any attempt to do this in all the
sound and fury of the outrage which the Bhopal verdict has elicited
among the middle class.
http://vhjokhi.blogspot.com

INDIA: Obama administration official supports corporate interests over
victims of world's worst industrial disaster

Deputy National Security Advisor Froman reveals administration’s
double standards on corporate accountability for victims of Bhopal Gas
Disaster

At a time when the world is focused on corporate accountability in the
wake of the BP's Gulf Oil Spill, a leaked email from the Obama
administration shows that it values profit over people, when the
profit benefits American corporations. The victims of the world’s
worst industrial disaster were disappointed to see today that the
White House is not pursuing the same levels of accountability from
American Dow Chemical as it has from BP. When Dow purchased Union
Carbide in 2001, the corporation acquired outstanding liability for
the ongoing disaster in Bhopal, which has led to the deaths of an
estimated 25,000 people in Bhopal, India following the 1984 Gas
Disaster.

Today, Mumbai-based Times Now published an email chain between White
House Deputy National Security Advisor Michael Froman, and Indian
Deputy Chairman of the Planning Commission, Montek Singh Ahluwalia. In
response to an Ahluwalia’s email requesting assistance as India faces
a sharp restriction in the World Bank’s lending, Froman replied:

"We are aware of this issue and we will look into it. We are hearing a
lot of noise about the Dow Chemical issue. I trust that you are
monitoring it carefully. I am not familiar with all the details, but I
think we want to avoid developments which put a chilling effect on our
investment relationship."

Here Obama’s Deputy NSA apparently tied potential development aid to
India with Dow Chemical’s liability in Bhopal. The White House denies
any linkage between the IBRD lending and Dow’s ongoing lack of
responsibility. Forman’s statement shows callous disregard for ongoing
injustice and lack of accountability 26 years after the disaster. The
survivor organizations in India, 5 of which have been protesting in
Delhi this past month, have faced infringements on their basic rights,
especially through discriminatory police abuse. A threatening
statement from the Obama office could further repressive action from
Indian Central Government of India.

Following months of safety cuts, on Dec 3, 1984 the Union Carbide
pesticide plant in Bhopal leaked deadly gas containing Methyl
isocyanate (MIC) over the city ofBhopal. In the immediate aftermath
8-12,000 people died. Currently the death toll has risen to
approximately 25,000 people. Over 100,000 people are still too sick to
work because of long-term health disability.

The Indian Government has been forced to address the Bhopal issue in
the recent months following a June 7 verdict convicting the officials
of Union Carbide's former Indian subsidiary on charges of criminal
negligence. The charges and sentence, equivalent to a traffic
violation, enraged the Indian public, as did the fact the Union
Carbide and its former CEO Warren Anderson have refused to appear in
court to face charges of culpable homicide. Bhopal survivors say that
Dow Chemical should not be allowed to continue doing business in India
until its subsidiary appears in court and cleans up the site of the
disaster.

The International Campaign for Justice for Bhopal (ICJB) is a
coalition led by four survivor organizations along with environmental,
social justice, progressive Indian, and human rights groups around the
world. ICJB works to hold the Indian Government and Dow Chemical
Corporation (the current owner of Union Carbide) accountable for the
ongoing chemical disaster in Bhopal, India. It was set up to address
the grave injustices suffered by the half million Bhopal Gas Disaster
survivors.
Bhopal and the BP Oil Spill: A Tale of Two Disasters
By Madhur Singh

As BP struggles to contain the damage the Deepwater Horizon oil spill
has caused to the Gulf of Mexico and to the people whose livelihoods
depend on its waters, a legal judgment in the worst industrial
catastrophe in history highlights how wrong the aftermath of such
disasters can go — not just in terms of a cleanup but in the matter of
justice. It is a terrifying lesson in how a corporation can evade full
responsibility for one of the most heinous accidents in human history.
On Monday, more than 25 years after 40 tons of highly toxic methyl
isocyanate (MIC) was released from a Union Carbide plant in the
central Indian city of Bhopal — killing thousands in a matter of hours
and over years, rendering hundreds of thousands seriously ill and
causing genetic defects in yet-to-be-born generations — a local court
announced its verdict. It held eight former employees of Union Carbide
India Ltd guilty of criminal negligence and sentenced seven of them to
two years in prison and a fine of $2,100. (The eighth defendant died
during the course of the 23-year trial.) The convicted former
employees were out on bail — of just $500 each — in less than two
hours. Union Carbide India, which no longer exists, was fined less
than $11,000. (See the legacy of the Bhopal disaster.)
The judgments are likely to be appealed. Given the speed of the wheels
of justice in India, the case is likely to outlast most of the Bhopal
survivors and the accused. The most prominent name in the latter
category is Warren Anderson, the American CEO of Union Carbide, the
U.S. parent company. He is now 89 years old. Arrested by Indian police
when he visited the disaster site, he was released on bail and flew
out of the country. He continues to be a fugitive from Indian law and
hence has not been tried. (He is believed to be living somewhere in
New York state.) At the same time, no one has been assigned
responsibility for cleaning upBhopal's ground zero, which researchers
and activists say continues to leach toxic chemicals into the
groundwater, used by thousands of families. (See TIME's 1984 cover
story on the Bhopal disaster.)
The outcome of the case has ignited outrage and disbelief across
India. No less than the Law Minister and a former Chief Justice have
said justice has been delayed and denied. The Economic Times newspaper
led its front page with the headline "After 25 Years, Another Tragedy
Strikes Bhopal." "We are used to being let down," says Rachna Dhingra
of the Bhopal Group for Information and Action, her voice catching as
she spoke to TIME by phone, "by our government ... now even the
judiciary."
The letdowns have been serious and repeated — and apparently
preordained because of decisions that facilitated the disaster itself.
Investigations over the years have shown that the Bhopal plant design
was faulty and that there was next to no emergency preparedness —
issues that the parent company in the U.S.apparently knew about,
according to the groups that conducted the studies. The company was
operating in India with standards unacceptable in the U.S. (See
pictures of the Gulf oil spill.)
The Indian government seemed to go out of its way to cushion the
experience for Union Carbide. After first suing the company for $3.3
billion in 1985, New Delhiannounced an out-of-court settlement of $470
million in February 1989. Then a 1996 ruling by another Supreme Court
judge watered down the charges against the accused from culpable
homicide (with maximum punishment of 10 years' jail term) to criminal
negligence (maximum sentence two years).
The various governments that have ruled India in the meantime have not
taken on Union Carbide, which is now owned by Dow Chemical. Meanwhile,
Keshub Mahindra, chairman of Union Carbide India Ltd at the time of
the Bhopal disaster and now chairman of India's automobile giant
Mahindra & Mahindra, was nominated for a civilian honor, the Padma
Bhushan, in 2002. He had to decline in the face of widespread
protests.
Although environmental legislation was ramped up in the wake of the
Bhopal disaster, companies continue to operate in India in ways that
severely — if not as dramatically — pollute the environment and impact
people's health and livelihoods. Britain-based mining major Vedanta,
for instance, has faced censure from Amnesty International for
violating the human rights of communities in Orissa, where it operates
bauxite mines. India continues to be the world's e-waste dump. Of
late, the government, keen to attract foreign investment to its
nascent nuclear energy market, has been pushing a bill to limit the
liability of a nuclear-plant operator to $111 million. "We've learned
nothing from Bhopal," says Supreme Court lawyer Prashant Bhushan.
"There is a drive to attract foreign investment overwhelming all other
considerations." Opposition parties have already demanded a rethink of
the proposed legislation in the face of the Bhopal outcome. (See
pictures of people protesting BP.)
There is still outrage that the U.S. refuses to extradite Warren
Anderson to face criminal charges in India. New Delhi made the request
in 2003, and it was refused the year after. U.S. Assistant Secretary
of State for South Asia Robert Blake, reacting to Monday's Bhopal
verdict, said, "I don't expect this verdict to reopen any new
inquiries or anything like that. On the contrary, we hope that this is
going to help to bring closure." The Bhopal activists now plan to file
a writ petition in the higher court to admit more charges against
Union Carbide and Anderson, seeking an as-yet-unspecified figure for
personal and property damages, health monitoring and cleanup of the
site, which is likely to run into billions of dollars.
Indians point at the way the U.S. government is now confronting BP —
holding it squarely responsible for the oil spill and accountable for
all cleanup costs — as a stark contrast to the way their own
government has dealt with Union Carbide. The hope in India is that
U.S. courts will be more amenable to the requests of Bhopal's victims
now that America has a huge environmental disaster in its own
backyard. The Bhopal activists say the Indian government must join the
case in the U.S. as a plaintiff (indeed, it owns the land on which the
Union Carbide factory was located). "Prime Minister Manmohan Singh
should be inspired by President Obama's recent commitment toward
making BP pay every cent for its oil spill," says Satinath Sarangi of
the Bhopal Group for Information and Action. "And the U.S. government
must follow the same standards on corporate liability for U.S.
corporations operating in India as it expects for corporations
operating in the U.S."
See the world's top 10 environmental disasters.
See pictures of critters caught in the Gulf oil spill.

BP and Union Carbide:
Corporate Responsibility or Corporate Liability
by Mukesh Williams

Two momentous events separate in time and location have seared our
consciousness—the British (Beyond) Petroleum Gulf Coast oil spill on
April 20, 2010 and the American Union Carbide Bhopal Gas Tragedy in
December 3, 1984. Twenty five years separate these two environmental
and human disasters but the greed of big multinational corporations in
connivance with state and central agencies still remains insatiable.
With a keen eye on profit, big companies compromise safety standards,
falsify data, overstate their strength, underestimate their drawbacks,
bribe officials, lobby for protection and misinform the public. It is
rather difficult to fuse ethical economic standards with ravenous
profit-making schemes. Though oil and gas stink most multinational
corporations love it.

The neo-classical model of economics has reduced our land and
environment to a mere abstraction that can be exploited in terms of
supply and demand without compunction. Big companies continue to wreck
havoc on our human and natural systems devastating our lives in the
name of human progress and development. At such moments we often
wonder where is the fashionable concept called social corporate
responsibility that is often taught as a philanthropic and ethical
tool in business management departments to unsuspecting students.
Corporate greed like all other forms of human greed need to be kept
under strict check by international pay czars or up-to-date
legislation based on global standards with teeth for swift punishment.
Also the rhetoric of corporate companies must be separated from what
they actually do, how long they do what they do, and what they hide. A
constant monitoring system both on the part of governments and private
groups must be effectively installed in collaboration with the media
to thwart their nefarious activities and ulterior motives.

Union Carbide Bhopal Gas Tragedy 1984

Early this month the Indian Supreme Court passed a verdict indicting
the American CEO of Union Carbide Warren Anderson who was allowed to
escape to the United States twenty five years ago possibly with the
connivance of either the state or central agencies in India. Now both
the Congress government and state ministries are trying to escape
their involvement in the murky plot. Who wanted the truth then? And
who wants the truth now? The declassified CIA report of December 8,
1984 and recent revelations by the principal secretary of Rajiv
Gandhi, P. C. Alexander, point to political intrigue involving both
state and center in releasing Anderson. Now some leaders claim that
the worsening law and order situation in Bhopal in the wake of the
accident forced Chief Minister Arjun Singh to provide a safe corridor
to Anderson out of the country. Some like Rajinder Puri even see the
direct hand of Rajeev Gandhi himself. It seems that US President
Ronald Reagan phoned Rajeev Gandhi to release Anderson. The media
would like us to believe that even P. Chidambaram and Kamal Nath were
campaigning for Dow Chemical to get special concessions so it could
invest in India. The chief minister of Gujarat Narendra Modi
criticized Sonia Gandhi for the complicity of the Congress Party in
the murky affair but it has come to light that he had signed an MOU
between state public sector company Gujarat Alkalies and Chemicals Ltd
and Dow Chemicals in April 2008. This is the case of the pot calling
the kettle black.

Seemingly neither the American nor the Indian establishments saw the
industrial disaster as the responsibility of the MNC Union Carbide.
The company was bought by Dow Chemical Company in 1999 further
camouflaging accountability. Dow Chemical was the second biggest Texas
polluting company in 2009 and paid 1.14 million USD on eight counts of
pollution. Now it is investing again in India with the syrupy
connivance of people in power.

Even after 25 years the public would like to know if it was Arjun
Singh the chief minister of Madhya Pradesh or influential persons in
Rajiv Gandhi’s government at the center or the prime minister himself
responsible for giving a free passage to Anderson to fly back to the
U.S. India has an extradition treaty with the United States and under
changed circumstances today when America itself is suffering from
another MNC BP, there might be possibility of bringing the fugitive
CEO back to justice if India can put together enough evidence.
Greenpeace believes that in the 1982 safety audit of the Bhopal
factory in the US addressed thirty safety hazards. Anderson knew about
them and compromised safety standards causing the death of 20,000
people and affecting 578,000 to date. To make the tragedy
reprehensible the out of court settlement made Union Carbide pay a sum
of 470 million USD instead of 3.5 billion initially demanded, with
each victim getting a measly sum of 550 USD in 1989. In the same year
Exxon oil spill in Prince William Sound Alaska forced the company to
pay 5 billion USD of which it paid half. Even today there is 425 tons
of hazardous waste in Bhopal left by Union Carbide that needs to be
cleaned. Who will do it—Dow Chemical or the Indian state government?

Anderson now 90 years lives in a luxury home worth 900,000 USD at 929
Ocean Road, Bridgehampton, Long Island, New York. He is now less of a
fugitive and more of a monarch (Sonnenfeld, 1991). It is obvious that
in many cases justice delayed is justice denied. Should we stop big
companies from doing business? Should we impose heavy penalty on
erring foreign companies? Or should we reform the slow and cumbrous
judicial system? Jeremy Kahn writing in The Faster Times calls for
judicial reform rather than protectionism (Kahn, 2010). The Indian
Parliament is debating a law capping liability for foreign nuclear
power companies involved in disasters to pay 100 million USD a
pittance when compared to the US demand of 100 billion USD from BP.
Then Indian law capping liability lacks teeth and may not cover non-
nuclear companies. So they can pollute as of before.

British or Beyond Petroleum

The British are desperate to save BP from going down by bringing silly
arguments like BP has been a part of America since it merged with
American energy Amoco in 1998 and acquired the Gulf of Mexico drilling
rights (The Independent, “Cameron Warns Obama over Criticizing BP” 13
June 2010). The new British Prime Minister David Cameron has also
chipped in underscoring the sustained “economic importance” of BP to
both Britain and America. American President Barrack Obama however is
needled by US senators, whose states have been ravaged by oil spills,
to push for 100 billion USD compensation, which if realized would
force BP to go bankrupt. The British media believes that Obama’s anti-
British rhetoric is testing Anglo-American relations. Obama claims
that American relation with Britain has not been affected. The
environmental disaster caused by a British multinational company
should have nothing to do with national identity but corporate
liability. Obama has called BP the Swedish Chairman Carl-Henric
Svanberg, who earns a fat cat salary of 3.8 million USD, to the White
House for consultations.

The British are cut up with Obama’s off the cuff remark that he would
have fired BP’s chief executive Tony Hayward if the latter had worked
for him. With US pressure rising BP may not pay its quarterly
dividends which are essential to maintain equilibrium for UK pension
funds. The 6.7% shares lunge in the FTSE has adversely affected
pension funds in the UK. If the status quo is not altered by American
pressure groups BP might only have to pay 20 to 37 billion USD
provided it can be proved that BP failed to meet safety regulations in
the deep sea oil drilling.

Now BP is using two kinds of dispersants manufactured by Nalco—Corexit
9500 and Corexit EC 9527A. Corexit (deodorized kerosene) is banned in
the United Kingdom as even 2.61 ppm can kill 50% of fish in 96 hours.
The dispersants turn the oil slick into small particulates which
settle on the sea bed and make things look clean on the surface, but
they destroy marine life below. Corexit however is on the approved
list of dispersants by the US Environmental Protection Agency though
the EPA has advised BP to use less toxic dispersants. BP however
refused citing lack of availability. The toxicity of the present
dispersants increase when they get mixed with oil. BP has links with
Nalco. BPs has poured 1,621,000 gallons of dispersants in the Gulf of
Mexico to contain the oil spill and has ordered for an additional
805,000 gallons. The ill effects of the dispersant on humans can
result in various diseases, reduced growth, kidney failure and death.

The British rely on BP as the national icon and savior of British
deficit. Last year BP paid 1.4 billion dollars in taxes on its
profits. The oil spill in the Gulf of Mexico is too far away for the
ordinary Britons but the pension funds and BP dividends are closer
home.

It stands to logic that a “large, wealthy company” which is eager to
pay 1.8 billion quarterly dividends to its shareholders and whose last
year’s sales and operating revenues were 239 billion USD, should pay
100 billion USD in damages. Since the oil spill began on April 22,
2010 till June 15, 2010, 55 days have gone by. And if we estimate the
oil spill at 50,000 barrels a day it comes to 27500000 gallons. If
each gallon spill is fined 4300 USD as the US is suggesting the actual
fine would come to 118,250,000,000 that is about 118 billion USD.
These figures may not be exact and are vigorously contested by BP
which would like to work with half the numbers. However the end is not
in sight. According to BP officials it would not be before August that
the spill can be contained. If this is true then the figure could be
doubled and BP would have to pay damages amounting to all the revenue
it earned through sales last year.

Both the American government and public are hopeful that since earlier
erring companies like Texaco was forced into bankruptcy in 1987 after
paying 10.53 billion USD claim, BP too would have to cough up huge
sums. And BP’s reputation does not help a wee bit whatever they claim
to the contrary in those daily briefings on the Internet. BP is known
as one of the “ten worst corporations” in the world when evaluated on
their environmental pollution and infringement of their human rights
record. It also has the dubious distinction of being the most
polluting company in the United States vis-à-vis EPA toxic release
data of 1991. It has been fined 1.7 million USD for burning polluted
gases at its Ohio refinery. It also paid 10 million USD fine to the
EPA in July 2000 for mismanaging the US oil refineries. The US Public
Interest Research Group or PIRG claims that between Jan 1997 and March
1998, BP was involved in 104 oil spills. Obviously a lot of wealthy
shareholders, 37% on the British and 31 % on the American side do not
want this to happen.

BP’s propaganda regarding its CSR is highly effective as it tries to
highlight only the positive aspects of what it has done. In the past
BP has invested some money in alternate fuel and green technologies
but it has been criticized for proving private funds to public
universities of the California Bay Area and closing down its green
technology office in London. Its critics call its green technology
projects as green washing projects. BP is also a leading producer of
solar panels and holds 20% of the global market in this area and it
uses this fact to great advantage for image building. It operates the
ampm convenience store chain in the US and other countries and is the
leading producer of wind power. It is also involved in funding local
and international politics. It gave 5 million USD to democrats and
republicans in 1990 and spent 16 million USD in lobbing at the US
Congress. The moral of the story is that it is not as clean as it
claims, nor concerned with the lives of common people unless it serves
its purpose or national interest.

BP in its regional spill plan for the Gulf of Mexico and site plan for
the Deepwater Horizon rig understated the dangers and overstated its
preparedness in the eventuality of a leak. Louisiana governor Bobby
Jindal criticized BP for being ‘reactive’ and not ‘proactive’ from the
very beginning. Now BP’s report is examined quite critically and it
has been discovered that an expert professor listed in its 2009
response plan died in 2005. It lists walruses, sea otters, sea lions
and seals as “sensitive biological resources” when none inhabit the
Gulf of Mexico. Also names and phone numbers of marine specialists and
marine network officers in Louisiana and Florida are not correct. The
Justice Department has to find evidence that BP destroyed key
documents or lied to the government (The Daily Yomiuri, June 11,
2010).

Corporate Social Responsibility

Corporate social responsibility is one of the modern movements like
environmental or tribal movements that have become the buzz word in
both business and academic circles. Both businessmen and academics are
cashing upon the divine benefits of CSR making more money for their
companies and jobs for their departments. Middle level managers and
professors have extolled about the virtues of CSR with other buzz
words such as people friendly, eco friendly and sustainable. We have
come to hear about the unselfishly egalitarian aspects of CSR. It is
really a wondrous transformation of the greed-driven capitalist
economy of which the corporate system is a byproduct.

Most critics of CSR are not against it per se but against the recent
hype associated with it as a panacea of all corporate evils. It is
hard to believe that companies are out there not to make profit. We
are not talking of basket cases but any company worth its salt
aggressively markets itself to make real profit. And what’s wrong in
it. Companies are floated for this very purpose both by the
shareholders and managers. But in a changed climate of political
advocacy of human rights against corporate greed, CSR seems to a new
combative tool for companies to be both politically correct and make
money as usual. The problem however is that if business corporations
give an inch they take a mile.


Definitions and Objections to CSR

In the United States CSR is seen as philanthropy while others see it
as improving society, workforce and government. There are arguments in
favor of CSR where it is believed that it can support the social
fabric of society and promote responsible business practices. But CSR
is usually presented as a marketing strategy that articulates business
performance rather than encompass social and ethical standards. The
recent collapse of American business and manufacturing sectors has
revealed the gap between CSR and actual self-regulation. Some CSR
models take the company beyond the law into providing public benefits,
increase sales, market shares, brand position, retain employees,
reduce operating costs and increase investments (Baron, 2001 7-45).
There are models of CSR that take into account competitive advantage,
positioning, commitment, organizational integration, shareholder’s
cooperation and self-correction. CSR helps to create a positive image
of a company and brings it rich dividends. Though there are many
definitions of CSR we must see CSR as the way business companies
conduct their core business not the sops they give to society.

A common objection leveled against CSR comes from the advocates of the
laissez faire system who complain that CSR infringes upon the human
rights of company shareholders as company managers unilaterally divert
company resources to society in the name of better management
(Sternberg, 1999). Detractors of CSR complain that there should be a
stakeholder claim in CSR as to how it is done. A business corporation
should be fair and honest to both the shareholders and customers. CSR
therefore depends on the model a company chooses and the reasons for
its choice. If a company uses CSR for image building through
philanthropy it leads to both ethical and human rights problems. You
cannot give away money which ultimately belongs to someone else. On
the flipside it also follows that if stakeholders possess sole rights
they also should bear full responsibility when there are environmental
or social disasters. However if a CSR model seeks a consensus of both
stakeholders and company managers then it must become more open to the
public. CSR must concentrate upon building customer relationships,
attracting talented people, conducting risk management and building
the company’s reputation.

Corporate Reputation and CSR

Corporate business companies such as BP or Coca Cola cannot ignore
their reputation as about 90 to 95 percent of their assets are
intangibles and the remainder immovable property. Big companies such
as General Electric, IBM or Motorola use the rhetoric of CSR to show
public responsibility and environmental concerns but while conducting
hard-nosed bullying business practices are not so transparent in their
dealings. A few years ago Sir John Browne of BP was praised for his
aggressive promotion of BP while providing environmental leadership
but now we come to know that all along BP compromised on safety costs
in oil drilling. This is happening in a powerful country like the
United States where both politics and laws are strong. Had it happened
in a developing or a poor country, things would have been quite
different. BP would have gotten away cheaply and Union Carbide once
did.

CSR invariably works for companies and countries with resources and
political clout. It is not for companies which are small and weak.
Small companies fight for survival, cut costs to make ends meet and do
not possess precious resources to waste on CSR. Nor can they follow up
on legal battles if they come under the scanner. They function in a
world of poverty, deprivation and loss.

Conclusion

It is no longer tenable to follow neo-classical economics of Smith,
Mill and Bacon that the world is made for us and for us alone. We must
eschew the economic theories of Pareto and Hayek as we can no longer
treat nature as a mere variable and commodity. Depreciation of
ecological assets has taken place at an increasing fast rate.
Economics should no longer be about inflation, economic value of goods
or maximization of income. It should take into account our natural
world as property that belongs to every one of us (McNeill, Padua,
Rangarajan, 2010 1-3). We must learn new lessons from ecological
economics and environmental history and change the way we do business.
We must rein in corporate greed by modifying corporate social
responsibility (CSR) to corporate legal liability (CLL) and connect it
to governmental deterrence, legal action and international treaties to
scare the hell out of the merchants of greed and death who have many
supporters in different parts of the world.



.......................DECLARATION…….......…………………
Name : ...........................NAGARAJA.M.R.

Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017
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In case of either Unnatural death or Natural Death at the hands of
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Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e –
clarion of Dalit & S.O.S-e-Voice for Justice are donated to Mysore
Eye Bank , Mysore , In case of either Unnatural death or Natural Death
at the hands of criminal nexus , my eyes must be handed over to
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true to the best of my knowledge & belief. If i am repeatedly called
to police station or else where for the sake of investigations , the
losses i do incurr as a result like loss of wages , transportation ,
job , etc must be borne by the government. prevoiusly the police / IB
personnel repeatedly called me the complainant (sufferer of
injustices) to police station for questioning , but never called the
guilty culprits even once to police station for questioning , as the
culprits are high & mighty . this type of one sided questioning must
not be done by police or investigating agencies . if anything untoward
happens to me or to my family members like loss of job , meeting with
hit & run accidents , loss of lives , death due to improper medical
care , etc , the jurisdictional police together with above mentioned
accussed public servants will be responsible for it. Even if criminal
nexus levels fake charges , police file fake cases against me or my
dependents to silence me , this complaint is & will be effective.
If I or my family members or my dependents are denied our fundamental
rights , human rights , denied proper medical care for ourselves , If
anything untoward happens to me or to my dependents or to my family
members - In such case Chief Justice of India together with the
jurisdictional revenue & police officials will be responsible for
it , in such case the government of india is liable to pay Rs. one
crore as compensation to survivors of my family. if my whole family is
eliminated by the criminal nexus ,then that compensation money must be
donated to Indian Army Welfare Fund. Afterwards , the money must be
recovered by GOI as land arrears from the salary , pension ,
property , etc of guilty police officials , Judges , public servants &
Constitutional fuctionaries.


date : 02.07.2012…………………………..Your's sincerely,

place : India………………………………….Nagaraja.M.R.




edited , printed , published & owned by NAGARAJA.M.R. @ : LIG-2 /
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