Bhopal Verdict: 8 convicted
Bhopal: Twenty-six years after the world's worst industrial disaster, a lower court on Monday convicted and sentenced for only two years eight former top officials of the Indian subsidiary of Union Carbide Corporation, USA for the 1984 Bhopal gas leak that eventually killed about 20,000 and left an unspecified number battered with diseases and deformities.
The verdict did not name absconding former chairman of Union Carbide Corporation, USA, Warren Anderson while all those convicted got bail after the judgment.
The predictable judgement was greeted with more anger than enthusiasm by the Bhopal tragedy survivors and activists who said it was too little too late as they vowed to battle till their last breath.
The eight were given sentence of two years and fined Rs 1 lakh each. The maximum punishment of the conviction could only go up to two years of imprisonment owing to the dilution of the charges. Union Carbide was imposed a fine of Rs 5 lakh.
"We will fight for justice till end. This is no justice, the compensation was ridiculous and Anderson, prime accused, should be brought to book in India," Rasheeda Bi, an activist and victim, told IBNS.
"It proves that Indian justice system is flawed and weak. It proves that our governments, our prime ministers, no one did anything for the sufferers and the entire world watched it," said Rasheeda Bi.
Those convicted are Keshub Mahendra, then-Chairman of UCIL; Vijay Gokhale, then-Managing Director of UCIL; Kishore Kamdar, then-former vice-president, UCIL, Mumbai; J Mukund, then-former Works Manager, UCIL, Mumbai; SP Choudhary, then-former Production Manager, UCIL, Mumbai; K V Shetty, then-Plant Superintendent, UCIL, Mumbai; SI Qureshi, the then-Production Assistants, UCIL, Mumbai. R B Roy Choudhary, the then former Assistant Works Manager of UCIL, Mumbai, had died during the course of the trial.
On the intervening night of 2/3 Dec 1984, the residents of central Indian city Bhopal became victims of the world's worst industrial disaster when 40 tonnes of methyl iscocyanate (MIC – a highly volatile toxic chemical) stored at the pesticide plant – owned by Union Carbide India Limited (UCIL), a subsidiary of Union Carbide Corporation (UCC), USA - was contaminated with water and other impurities.
As a result, a mixture of deadly gases escaped from the factory killing several thousands of people and inflicting grievous injuries on at least 500,000 others.
At least 3,000 bodies were strewn all over Bhopal the next morning while 20,000 died eventually over the years from the harmful effects of the toxic fumes.
Warren Anderson, former Chairman, Union Carbide Corporation, USA, who has been charged with manslaughter has been declared an absconder in the case.
In February 2001, the Dow Chemical Company took over Union Carbide Corporation-USA but said it is not responsible for the tragedy from a factory it did not operate.
The trial had dragged on for 23 long years, where the arguments of prosecution Central Bureau of Investigation (CBI) and defence of eight main accused were heard.
Altogether 178 prosecution witnesses were examined and 3,008 documents exhibited.
The CBI counsel had contended that the defective design of the UCIL factory and poor maintencance were responsible for the tragedy.
The defence advocates, however, refuted the charges and claimed that the UCIL’s Bhopal factory adhered to the strictest safety norms.
The accused, mostly Indians, have been tried under Indian Penal Code (IPC) sections including section 304 (A) (causing death by negligence, 336 (acts endangering life or personal safety of others) and 337 (causing hurt by act endangering life or personal safety of others) of IPC.
Four organisations of survivors of the 1984 Bhopal gas tragedy earlier said the Indian government is responsible for the “criminal negligence” in the weak prosecution of those accused of responsibility in the world’s worst corporate massacre.
They said that as the Minister in charge of the federal investigating agency Central Bureau of Investigation (CBI) , the Prime Minister must accept blame for the prosecuting agency's “incompetence and mishandling of the case”.
“Justice will be done in Bhopal only if the individuals and corporations responsible for the deaths of over 25,000 and toxic exposure and damage to over half a million people are punished in an exemplary manner,” said representatives of the four organizations.
"The judgment will encourage hazardous corporations to kill people and get away with anything," said Satinath Sarangi, an activist in Bhopal fighting for the survivors.
Union Carbide says not bound by Indian court
Houston: The Union Carbide Corporation, USA on Monday said it was not subject to the jurisdiction of Indian court since they had no involvement in the Bhopal plant operated by Union Carbide India Limited (UCIL), from where the toxic gas leaked in 1984 killing thousands.
In a statement on the June 7 Bhopal court verdict, Union Carbide Corporation said: "By requirement of the Government of India, the Bhopal plant was detail designed, owned, operated and managed on a day-to-day basis by Union Carbide India Limited (UCIL) and its employees.
"All the appropriate people from UCIL – officers and those who actually ran the plant on a daily basis – have appeared to face charges."
The statement said Union Carbide and 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 UCIL," it said.
"In 1994, Union Carbide sold its entire stake in UCIL to MacLeod Russell (India) Limited, which renamed the company, Eveready Industries India, Limited (Eveready Industries). In 1998, the state government of Madhya Pradesh took over the Bhopal site from Eveready Industries," it said.
The verdict did not name absconding former chairman of Union Carbide Corporation, USA, Warren Anderson while all those convicted got bail after the judgment.
The predictable judgment was greeted with more anger than enthusiasm by the Bhopal tragedy survivors and activists who said it was too little too late as they vowed to battle till their last breath.
The eight were given sentence of two years and fined Rs 100,000 each. The maximum punishment of the conviction could only go up to two years of imprisonment owing to the dilution of the charges. Union Carbide was imposed a fine of Rs 500,000.
Bhopal: Twenty-six years after the world's worst industrial disaster, a lower court on Monday convicted and sentenced for only two years eight former top officials of the Indian subsidiary of Union Carbide Corporation, USA for the 1984 Bhopal gas leak that eventually killed about 20,000 and left...
Bhopal: Twenty-six years after the world's worst industrial disaster, a lower court on Monday convicted and sentenced for only two years eight former top officials of the Indian subsidiary of Union Carbide Corporation, USA for the 1984 Bhopal gas leak that eventually killed about 20,000 and left an unspecified number battered with diseases and deformities.
The verdict did not name absconding former chairman of Union Carbide Corporation, USA, Warren Anderson while all those convicted got bail after the judgment.
The predictable judgement was greeted with more anger than enthusiasm by the Bhopal tragedy survivors and activists who said it was too little too late as they vowed to battle till their last breath.
The eight were given sentence of two years and fined Rs 1 lakh each. The maximum punishment of the conviction could only go up to two years of imprisonment owing to the dilution of the charges. Union Carbide was imposed a fine of Rs 5 lakh.
"We will fight for justice till end. This is no justice, the compensation was ridiculous and Anderson, prime accused, should be brought to book in India," Rasheeda Bi, an activist and victim, told IBNS.
"It proves that Indian justice system is flawed and weak. It proves that our governments, our prime ministers, no one did anything for the sufferers and the entire world watched it," said Rasheeda Bi.
Those convicted are Keshub Mahendra, then-Chairman of UCIL; Vijay Gokhale, then-Managing Director of UCIL; Kishore Kamdar, then-former vice-president, UCIL, Mumbai; J Mukund, then-former Works Manager, UCIL, Mumbai; SP Choudhary, then-former Production Manager, UCIL, Mumbai; K V Shetty, then-Plant Superintendent, UCIL, Mumbai; SI Qureshi, the then-Production Assistants, UCIL, Mumbai. R B Roy Choudhary, the then former Assistant Works Manager of UCIL, Mumbai, had died during the course of the trial.
On the intervening night of 2/3 Dec 1984, the residents of central Indian city Bhopal became victims of the world's worst industrial disaster when 40 tonnes of methyl iscocyanate (MIC – a highly volatile toxic chemical) stored at the pesticide plant – owned by Union Carbide India Limited (UCIL), a subsidiary of Union Carbide Corporation (UCC), USA - was contaminated with water and other impurities.
As a result, a mixture of deadly gases escaped from the factory killing several thousands of people and inflicting grievous injuries on at least 500,000 others.
At least 3,000 bodies were strewn all over Bhopal the next morning while 20,000 died eventually over the years from the harmful effects of the toxic fumes.
Warren Anderson, former Chairman, Union Carbide Corporation, USA, who has been charged with manslaughter has been declared an absconder in the case.
In February 2001, the Dow Chemical Company took over Union Carbide Corporation-USA but said it is not responsible for the tragedy from a factory it did not operate.
The trial had dragged on for 23 long years, where the arguments of prosecution Central Bureau of Investigation (CBI) and defence of eight main accused were heard.
Altogether 178 prosecution witnesses were examined and 3,008 documents exhibited.
The CBI counsel had contended that the defective design of the UCIL factory and poor maintencance were responsible for the tragedy.
The defence advocates, however, refuted the charges and claimed that the UCIL’s Bhopal factory adhered to the strictest safety norms.
The accused, mostly Indians, have been tried under Indian Penal Code (IPC) sections including section 304 (A) (causing death by negligence, 336 (acts endangering life or personal safety of others) and 337 (causing hurt by act endangering life or personal safety of others) of IPC.
Four organisations of survivors of the 1984 Bhopal gas tragedy earlier said the Indian government is responsible for the “criminal negligence” in the weak prosecution of those accused of responsibility in the world’s worst corporate massacre.
They said that as the Minister in charge of the federal investigating agency Central Bureau of Investigation (CBI) , the Prime Minister must accept blame for the prosecuting agency's “incompetence and mishandling of the case”.
“Justice will be done in Bhopal only if the individuals and corporations responsible for the deaths of over 25,000 and toxic exposure and damage to over half a million people are punished in an exemplary manner,” said representatives of the four organizations.
"The judgment will encourage hazardous corporations to kill people and get away with anything," said Satinath Sarangi, an activist in Bhopal fighting for the survivors.
Union Carbide says not bound by Indian court
Houston: The Union Carbide Corporation, USA on Monday said it was not subject to the jurisdiction of Indian court since they had no involvement in the Bhopal plant operated by Union Carbide India Limited (UCIL), from where the toxic gas leaked in 1984 killing thousands.
In a statement on the June 7 Bhopal court verdict, Union Carbide Corporation said: "By requirement of the Government of India, the Bhopal plant was detail designed, owned, operated and managed on a day-to-day basis by Union Carbide India Limited (UCIL) and its employees.
"All the appropriate people from UCIL – officers and those who actually ran the plant on a daily basis – have appeared to face charges."
The statement said Union Carbide and 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 UCIL," it said.
"In 1994, Union Carbide sold its entire stake in UCIL to MacLeod Russell (India) Limited, which renamed the company, Eveready Industries India, Limited (Eveready Industries). In 1998, the state government of Madhya Pradesh took over the Bhopal site from Eveready Industries," it said.
The verdict did not name absconding former chairman of Union Carbide Corporation, USA, Warren Anderson while all those convicted got bail after the judgment.
The predictable judgment was greeted with more anger than enthusiasm by the Bhopal tragedy survivors and activists who said it was too little too late as they vowed to battle till their last breath.
The eight were given sentence of two years and fined Rs 100,000 each. The maximum punishment of the conviction could only go up to two years of imprisonment owing to the dilution of the charges. Union Carbide was imposed a fine of Rs 500,000.
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