News Analysis India

Tag: Bhopal gas tragedy

  • Bhopal gas tragedy: Can’t decide curative plea for additional funds as lawsuit, SC tells Centre 

    By PTI

    NEW DELHI: The Supreme Court told the Centre on Wednesday it cannot act like a “knight in shining armour” and decide its curative plea seeking an additional Rs 7,844 crore from the successor firms of Union Carbide Corporation (UCC) for giving compensation to the victims of the 1984 Bhopal gas tragedy.

    The top court said it has already spoken about ‘maryada’ (sanctity) of its curative jurisdiction and is constrained by law despite having some leeway.

    A five-judge Constitution bench headed by Justice Sanjay Kishan Kaul told Attorney General R Venkataramani, appearing for the Centre, “It is very easy to dip into someone else’s pocket and take out the money. Dip into your own pocket and give the money and then see if you can dip into their (UCC) pocket or not”. 

    The Centre wants another Rs 7,844 crore from the US-based UCC’s successor firms over and above the USD 470 million (Rs 715 crore) it got from the American company as part of the settlement in 1989.

    Justice Kaul, who questioned the Centre over the filing of the curative plea, said, “I began by saying ‘maryada’ of the jurisdiction. You see, we cannot be a knight in shining armour. It is not possible. We are constrained by law, although we have some leeway. But we cannot say that we will decide a curative petition on the basis of jurisdiction of an original suit”.

    A curative petition is the last resort for a plaintiff after an adverse judgement has been delivered and the plea for its review is rejected.

    The Centre had not filed a review petition for rescinding the settlement which it now wants to be enhanced.

    The bench, also comprising Justices Sanjiv Khanna, Abhay S Oka, Vikram Nath and JK Maheshwari, which heard Venkataramani for over seven hours, including the hearing on Tuesday, said, “As far as liability and quantum of compensation is concerned, it is always open to the parties to say that I want to enter into a settlement and get rid of any kind of litigation.

    Now, you (the Centre) want to modify the settlement.

    Can you do it unilaterally? It is not a decree but a compromise”.

    Venkataramani said the apex court had endorsed the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 and the scheme under it.

    “Anything that was to be determined by the Welfare Commissioner under the Act and the scheme was to be brought before the court at a later point of time. That is exactly what we are trying to do now,” he said, explaining the rationale behind filing the curative petition.

    The Centre has been insisting that the enormity of the actual damage caused to human lives and the environment could not be assessed properly at the time of the settlement in 1989.

    The AG said looking at the enormity of the human tragedy, which was unprecedented, it is very important to go beyond some of the conventional principles.

    Justice Kaul responded, saying “Nobody doubts the enormity of the tragedy and undoubtedly people have suffered. It is easy to get emotive but we on this side of the bench have to refrain because we do not have the privilege to play in the gallery.”

    He told Venkataramani the judges have to see on what jurisdiction they are sitting and ultimately every dispute ought to have a closure at some point in time. 

    “It is not that we are not sensitive to what had happened, but when the Supreme Court does something it has wider ramifications. There has to be the sanctity of a settlement, especially in today’s time, when there is so much international trade and commerce,” Justice Kaul said and pointed out that the Centre did not file a review petition but a curative petition after over 20 years of the agreement.

    Venkataramani said the tragedy had made a huge difference in the lives of people as children were born with deformities and mothers had to bear a burden for a long time. 

    Justice Kaul said, “You acted on a premise for a quarter of a century. Now, you say you want to act differently. No one prohibits the government of India from taking a proactive approach that it feels strongly that these people deserve more. The problem is you are putting it on them (UCC). Can we open everything at this point of time? In curative (petition), this court has to travel a very narrow path.”

    Venkataramani said he is trying to connect the dots and he is going back to 1989 when the settlement took place but there were more dots after 1989.

    Justice Kaul said if in a welfare society, the government is so concerned that the victims need to be paid more, then it should have paid them.

    The Attorney General said the question here is not about who pays but whose liability it is to pay. The hearing remained inconclusive and will continue on Thursday.

    The top court had on Tuesday questioned the Centre for pursuing its curative plea seeking additional funds from UCC, saying the government cannot reopen a settlement that was arrived at with the company after over 30 years.

    The UCC, now owned by Dow Chemicals, gave a compensation of Rs USD 470 million (Rs 715 crore at the time of settlement in 1989) after the toxic methyl isocyanate gas leak from the Union Carbide factory on the intervening night of December 2 and 3, 1984 killed over 3,000 people and affected 1.02 lakh more.

    The survivors of the tragedy have been fighting for a long for adequate compensation and proper medical treatment for ailments caused by the poisonous gas leak.

    The Centre had filed the curative petition in the apex court in December 2010 for enhanced compensation.

    On June 7, 2010, a Bhopal court sentenced seven executives of Union Carbide India Limited (UCIL) to two years imprisonment.

    The then UCC chairman Warren Anderson was the prime accused in the case but did not appear for the trial. On February 1, 1992, the Bhopal CJM court declared him an absconder.

    The courts in Bhopal had issued non-bailable warrants against Anderson twice in 1992 and 2009 before his death in September 2014.

    NEW DELHI: The Supreme Court told the Centre on Wednesday it cannot act like a “knight in shining armour” and decide its curative plea seeking an additional Rs 7,844 crore from the successor firms of Union Carbide Corporation (UCC) for giving compensation to the victims of the 1984 Bhopal gas tragedy.

    The top court said it has already spoken about ‘maryada’ (sanctity) of its curative jurisdiction and is constrained by law despite having some leeway.

    A five-judge Constitution bench headed by Justice Sanjay Kishan Kaul told Attorney General R Venkataramani, appearing for the Centre, “It is very easy to dip into someone else’s pocket and take out the money. Dip into your own pocket and give the money and then see if you can dip into their (UCC) pocket or not”. 

    The Centre wants another Rs 7,844 crore from the US-based UCC’s successor firms over and above the USD 470 million (Rs 715 crore) it got from the American company as part of the settlement in 1989.

    Justice Kaul, who questioned the Centre over the filing of the curative plea, said, “I began by saying ‘maryada’ of the jurisdiction. You see, we cannot be a knight in shining armour. It is not possible. We are constrained by law, although we have some leeway. But we cannot say that we will decide a curative petition on the basis of jurisdiction of an original suit”.

    A curative petition is the last resort for a plaintiff after an adverse judgement has been delivered and the plea for its review is rejected.

    The Centre had not filed a review petition for rescinding the settlement which it now wants to be enhanced.

    The bench, also comprising Justices Sanjiv Khanna, Abhay S Oka, Vikram Nath and JK Maheshwari, which heard Venkataramani for over seven hours, including the hearing on Tuesday, said, “As far as liability and quantum of compensation is concerned, it is always open to the parties to say that I want to enter into a settlement and get rid of any kind of litigation.

    Now, you (the Centre) want to modify the settlement.

    Can you do it unilaterally? It is not a decree but a compromise”.

    Venkataramani said the apex court had endorsed the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 and the scheme under it.

    “Anything that was to be determined by the Welfare Commissioner under the Act and the scheme was to be brought before the court at a later point of time. That is exactly what we are trying to do now,” he said, explaining the rationale behind filing the curative petition.

    The Centre has been insisting that the enormity of the actual damage caused to human lives and the environment could not be assessed properly at the time of the settlement in 1989.

    The AG said looking at the enormity of the human tragedy, which was unprecedented, it is very important to go beyond some of the conventional principles.

    Justice Kaul responded, saying “Nobody doubts the enormity of the tragedy and undoubtedly people have suffered. It is easy to get emotive but we on this side of the bench have to refrain because we do not have the privilege to play in the gallery.”

    He told Venkataramani the judges have to see on what jurisdiction they are sitting and ultimately every dispute ought to have a closure at some point in time. 

    “It is not that we are not sensitive to what had happened, but when the Supreme Court does something it has wider ramifications. There has to be the sanctity of a settlement, especially in today’s time, when there is so much international trade and commerce,” Justice Kaul said and pointed out that the Centre did not file a review petition but a curative petition after over 20 years of the agreement.

    Venkataramani said the tragedy had made a huge difference in the lives of people as children were born with deformities and mothers had to bear a burden for a long time. 

    Justice Kaul said, “You acted on a premise for a quarter of a century. Now, you say you want to act differently. No one prohibits the government of India from taking a proactive approach that it feels strongly that these people deserve more. The problem is you are putting it on them (UCC). Can we open everything at this point of time? In curative (petition), this court has to travel a very narrow path.”

    Venkataramani said he is trying to connect the dots and he is going back to 1989 when the settlement took place but there were more dots after 1989.

    Justice Kaul said if in a welfare society, the government is so concerned that the victims need to be paid more, then it should have paid them.

    The Attorney General said the question here is not about who pays but whose liability it is to pay. The hearing remained inconclusive and will continue on Thursday.

    The top court had on Tuesday questioned the Centre for pursuing its curative plea seeking additional funds from UCC, saying the government cannot reopen a settlement that was arrived at with the company after over 30 years.

    The UCC, now owned by Dow Chemicals, gave a compensation of Rs USD 470 million (Rs 715 crore at the time of settlement in 1989) after the toxic methyl isocyanate gas leak from the Union Carbide factory on the intervening night of December 2 and 3, 1984 killed over 3,000 people and affected 1.02 lakh more.

    The survivors of the tragedy have been fighting for a long for adequate compensation and proper medical treatment for ailments caused by the poisonous gas leak.

    The Centre had filed the curative petition in the apex court in December 2010 for enhanced compensation.

    On June 7, 2010, a Bhopal court sentenced seven executives of Union Carbide India Limited (UCIL) to two years imprisonment.

    The then UCC chairman Warren Anderson was the prime accused in the case but did not appear for the trial. On February 1, 1992, the Bhopal CJM court declared him an absconder.

    The courts in Bhopal had issued non-bailable warrants against Anderson twice in 1992 and 2009 before his death in September 2014.

  • SC expresses concern over non-payment of compensation to victims of Bhopal gas tragedy

    Express News Service

    NEW DELHI: The Supreme Court on Tuesday expressed its displeasure over Centre’s failure in providing compensation to the victims of Bhopal gas tragedy till now. 

    The five judge bench while considering centre’s plea seeking additional compensation from Union Carbide Corporation (UCC) (now Dow Chemical Company), expressed concern with regards to the undisbursed dues of Rs 50 crore which were lying with the centre out of the $470 million paid by the company. 

    “We were told that ₹50 crore of the settlement amount is lying undisbursed… Have you not exhausted the settlement amount? How is ₹50 crore lying undisbursed? This means that people are not getting the money… Are you responsible for the money not going to the people?” A five judge bench headed by Justice SK Kaul remarked. He also said, “There are many slippery areas if you say, open the settlement.”

    Remarking that the centre without seeking review of its earlier order had opted to directly file a curative plea in 2010 for enhancement of the final settlement paid by UCC, the bench asked centre how it could ask for additional compensation (over Rs 7400 crore) when UCC had already paid Rs 470 million dollar.

    Further asking centre as to how could it reopen the settlement, the bench said, “Settlement has arrived at particular stage of time, can we say 10 years hence or 30 years hence open the settlement on the basis of some fresh documents? why did you settle then? One of the parties to the settlement was the Union of India no less, not a weak party… Let’s say, on the other hand, a situation arises that the actual scenario is less horrific than made out to be… Can the other side (UCC) come out and say that an excess amount was paid in the settlement and they want the money back? Can we permit that?” 

    Referring to SCs 1991 decision wherein the top court had refused to reopen the settlement, Justice Oka said that the same had clarified that any shortfall in the additional compensation to be paid to the victims by the centre. 

    Stressing on increase in the number of claimants since 1991, Attorney General (AG) for India R Venkataramani argued that an extraordinary situation was presented by the tragedy. “There’s always situations court has added to settlement if justice of cause demands. We are asking for settlement to be annulled. Amount made over to us was under settlement, figure on number of deaths for temporary damage etc, the figures have gone way more than that,” the AG added. 

    Appearing for UCC, Senior Advocate Harish Salve said that UCC wasn’t willing to pay a farthing more if SC sets aside the settlement that was arrived in 1989.  “My client is not willing to pay a farthing more. They say this is what they settled for, and if you (government) don’t want the settlement, let the law take its course. That is our submission,” Salve said.

    “There is settlement. There is no re-opener clause in a settlement. There’s jurisdictional factor where curative jurisdiction was unknown when all this started, a suit was filed by Ggent which was arrived was based on “consent decree” which was sourced from a suit. He also added that the liability of UCC for the tragedy was not established. 

    Centre in the plea that was filed in 2010 following a public outcry against the perceived laxity of sentences against the accused’s tried for the gas release had sought for enhancing the 1989 settlement agreement which was negotiated by the UOI with UCC and Union Carbide India Limited (UCIL) and SC’s judgement approving the negotiation. 

    NEW DELHI: The Supreme Court on Tuesday expressed its displeasure over Centre’s failure in providing compensation to the victims of Bhopal gas tragedy till now. 

    The five judge bench while considering centre’s plea seeking additional compensation from Union Carbide Corporation (UCC) (now Dow Chemical Company), expressed concern with regards to the undisbursed dues of Rs 50 crore which were lying with the centre out of the $470 million paid by the company. 

    “We were told that ₹50 crore of the settlement amount is lying undisbursed… Have you not exhausted the settlement amount? How is ₹50 crore lying undisbursed? This means that people are not getting the money… Are you responsible for the money not going to the people?” A five judge bench headed by Justice SK Kaul remarked. He also said, “There are many slippery areas if you say, open the settlement.”

    Remarking that the centre without seeking review of its earlier order had opted to directly file a curative plea in 2010 for enhancement of the final settlement paid by UCC, the bench asked centre how it could ask for additional compensation (over Rs 7400 crore) when UCC had already paid Rs 470 million dollar.

    Further asking centre as to how could it reopen the settlement, the bench said, “Settlement has arrived at particular stage of time, can we say 10 years hence or 30 years hence open the settlement on the basis of some fresh documents? why did you settle then? One of the parties to the settlement was the Union of India no less, not a weak party… Let’s say, on the other hand, a situation arises that the actual scenario is less horrific than made out to be… Can the other side (UCC) come out and say that an excess amount was paid in the settlement and they want the money back? Can we permit that?” 

    Referring to SCs 1991 decision wherein the top court had refused to reopen the settlement, Justice Oka said that the same had clarified that any shortfall in the additional compensation to be paid to the victims by the centre. 

    Stressing on increase in the number of claimants since 1991, Attorney General (AG) for India R Venkataramani argued that an extraordinary situation was presented by the tragedy. “There’s always situations court has added to settlement if justice of cause demands. We are asking for settlement to be annulled. Amount made over to us was under settlement, figure on number of deaths for temporary damage etc, the figures have gone way more than that,” the AG added. 

    Appearing for UCC, Senior Advocate Harish Salve said that UCC wasn’t willing to pay a farthing more if SC sets aside the settlement that was arrived in 1989.  “My client is not willing to pay a farthing more. They say this is what they settled for, and if you (government) don’t want the settlement, let the law take its course. That is our submission,” Salve said.

    “There is settlement. There is no re-opener clause in a settlement. There’s jurisdictional factor where curative jurisdiction was unknown when all this started, a suit was filed by Ggent which was arrived was based on “consent decree” which was sourced from a suit. He also added that the liability of UCC for the tragedy was not established. 

    Centre in the plea that was filed in 2010 following a public outcry against the perceived laxity of sentences against the accused’s tried for the gas release had sought for enhancing the 1989 settlement agreement which was negotiated by the UOI with UCC and Union Carbide India Limited (UCIL) and SC’s judgement approving the negotiation. 

  • 10 Bhopal gas tragedy survivors end fast after getting govt assurance

    By PTI

    BHOPAL: Ten women survivors of the 1984 Bhopal Gas Tragedy demanding additional compensation for the disaster victims have called off their hunger strike after getting positive response from both the Madhya Pradesh and Union governments, their leaders said.

    They had launched the hunger strike at Neelam Park in the state capital on Friday.

    The ten women agitators broke their 29-hour-long fast on Saturday with fruit juice offered by officials of the state government and district administration.

    The Bhopal Gas Tragedy took place on the intervening night of December 2-3, 1984 when poisonous methyl isocyanate gas leaked from the Union Carbide pesticide factory in Bhopal, leaving several thousand people dead and lakhs injured.

    Five organisations which are fighting for the cause of the Gas Tragedy victims in a statement on Saturday said the Madhya Pradesh Minister of Bhopal Gas Tragedy Relief & Rehabilitation expressed agreement with the facts and figures presented by them and promised to finalise details in a meeting on January 4.

    ALSO READ | Delay in hazardous waste disposal abuse of right to health of Bhopal gas tragedy survivors: NHRC chief

    Earlier, the Union government had assured that all the documents put forth by them would be included in the papers to be presented before the Supreme Court bench hearing a curative petition for additional compensation, they said.

    “Despite all odds and many disappointments of the last 38 years, we hope the New Year has begun with a hope for the survivors of the world’s worst industrial disaster,” the statement said.

    The agitators were from the Bhopal Gas Peedit Mahila Stationery Karmchari Sangh, Bhopal Gas Peedit Nirashrit Pensionbhogee Sangharsh Morcha, Bhopal Group for Information & Action, Bhopal Gas Peedit Mahila Purush Sangharsh Morcha and Children Against Dow Carbide.

    BHOPAL: Ten women survivors of the 1984 Bhopal Gas Tragedy demanding additional compensation for the disaster victims have called off their hunger strike after getting positive response from both the Madhya Pradesh and Union governments, their leaders said.

    They had launched the hunger strike at Neelam Park in the state capital on Friday.

    The ten women agitators broke their 29-hour-long fast on Saturday with fruit juice offered by officials of the state government and district administration.

    The Bhopal Gas Tragedy took place on the intervening night of December 2-3, 1984 when poisonous methyl isocyanate gas leaked from the Union Carbide pesticide factory in Bhopal, leaving several thousand people dead and lakhs injured.

    Five organisations which are fighting for the cause of the Gas Tragedy victims in a statement on Saturday said the Madhya Pradesh Minister of Bhopal Gas Tragedy Relief & Rehabilitation expressed agreement with the facts and figures presented by them and promised to finalise details in a meeting on January 4.

    ALSO READ | Delay in hazardous waste disposal abuse of right to health of Bhopal gas tragedy survivors: NHRC chief

    Earlier, the Union government had assured that all the documents put forth by them would be included in the papers to be presented before the Supreme Court bench hearing a curative petition for additional compensation, they said.

    “Despite all odds and many disappointments of the last 38 years, we hope the New Year has begun with a hope for the survivors of the world’s worst industrial disaster,” the statement said.

    The agitators were from the Bhopal Gas Peedit Mahila Stationery Karmchari Sangh, Bhopal Gas Peedit Nirashrit Pensionbhogee Sangharsh Morcha, Bhopal Group for Information & Action, Bhopal Gas Peedit Mahila Purush Sangharsh Morcha and Children Against Dow Carbide.

  • Delay in hazardous waste disposal abuse of right to health of Bhopal gas tragedy survivors: NHRC chief

    By PTI

    NEW DELHI: Tonnes of hazardous waste is lying at the site of the 1984 Bhopal gas tragedy and delay in its disposal contaminates groundwater and soil which is a “direct abuse” of the right to health of survivors and locals, NHRC chairperson justice Arun Kumar Mishra (retd) said Saturday.

    Addressing a Human Rights Day event here hosted by the National Human Rights Commission, he said that one outfall of globalisation is the concentration of wealth in transnational companies and a few countries.

    “For calamities caused by industrial disasters, transnational enterprises’ responsibilities have to be well defined,” the NHRC chief asserted.

    He cited the Bhopal gas tragedy which took place at a plant of a global company in Bhopal in 1984, considered one of the world’s worst industrial disasters. The multinational company, Union Carbide, faced global criticism following the tragedy.

    Mishra said, “Approximately 3,000 people died. Around 336 tonnes of hazardous waste is still lying on the premises. The property changed hands. Delay in the dispo.sal of such hazardous waste by a multinational company contaminates groundwater and soil and is a direct abuse of the right to health of the survivors and residents of the area,” he added

    NEW DELHI: Tonnes of hazardous waste is lying at the site of the 1984 Bhopal gas tragedy and delay in its disposal contaminates groundwater and soil which is a “direct abuse” of the right to health of survivors and locals, NHRC chairperson justice Arun Kumar Mishra (retd) said Saturday.

    Addressing a Human Rights Day event here hosted by the National Human Rights Commission, he said that one outfall of globalisation is the concentration of wealth in transnational companies and a few countries.

    “For calamities caused by industrial disasters, transnational enterprises’ responsibilities have to be well defined,” the NHRC chief asserted.

    He cited the Bhopal gas tragedy which took place at a plant of a global company in Bhopal in 1984, considered one of the world’s worst industrial disasters. The multinational company, Union Carbide, faced global criticism following the tragedy.

    Mishra said, “Approximately 3,000 people died. Around 336 tonnes of hazardous waste is still lying on the premises. The property changed hands. Delay in the dispo.sal of such hazardous waste by a multinational company contaminates groundwater and soil and is a direct abuse of the right to health of the survivors and residents of the area,” he added

  • Would pursue curative petition seeking funds for Bhopal gas tragedy victims: Centre tells SC 

    By PTI

    NEW DELHI: The Centre would pursue its curative petition seeking Rs 7,844 crore as additional funds from successor firms of the US-based Union Carbide Corporation (UCC) for giving compensation to victims of the 1984 Bhopal gas tragedy, the Supreme Court was informed on Tuesday.

    A five-judge constitution bench headed by Justice S K Kaul took note of the submission made by Attorney General R Venkataramani and directed the Centre to prepare a compilation within eight weeks in this regard.

    “The Attorney General has taken a stand before us that the government would like to press the curative petition. A number of NGOs would like to be impleaded. However, counsel for respondents has questioned the maintainability of the petitions as they have come 19 years after the judgement.”

    The government would represent plaints of persons who have suffered and thus a compilation would be required to be prepared by the office AG and the resp, insofar as the applicant’s associations are concerned, we do not give any liberty to file any pleadings,” the bench, also comprising Justices Sanjiv Khanna, A S Oka, Vikram Nath and JK Maheshwari said. The matter will now be taken up for hearing on January 10, 2023.

    The apex court had earlier asked the Centre to clarify its stand on whether it wants to go ahead with its curative petition seeking additional funds.

    The UCC, now owned by Dow Chemicals, gave a compensation of USD 470 million (Rs 715 crore at the time of settlement in 1989) after the toxic methyl isocyanate gas leak from the Union Carbide factory on the intervening night of December 2 and 3, 1984 killed over 3,000 people and affected 1.02 lakh more.

    The apex court is to hear the curative petition filed by the Centre seeking a direction to Union Carbide and other firms for an additional Rs 7,844 crore over and above the earlier settlement amount of USD 470 million.

    The survivors of the tragedy have been fighting for long for adequate compensation and proper medical treatment for ailments caused by the toxic gas leak. The Centre had filed the curative petition in the apex court in December 2010 for enhanced compensation.

    On June 7, 2010, a Bhopal court had sentenced seven executives of Union Carbide India Limited (UCIL) to two years’ imprisonment. The then UCC chairman Warren Anderson was the prime accused in the case but did not appear for the trial.

    On February 1, 1992, the Bhopal CJM court had declared him as an absconder. The courts in Bhopal had issued non-bailable warrants against Anderson twice in 1992 and 2009 before his death in September 2014.

    NEW DELHI: The Centre would pursue its curative petition seeking Rs 7,844 crore as additional funds from successor firms of the US-based Union Carbide Corporation (UCC) for giving compensation to victims of the 1984 Bhopal gas tragedy, the Supreme Court was informed on Tuesday.

    A five-judge constitution bench headed by Justice S K Kaul took note of the submission made by Attorney General R Venkataramani and directed the Centre to prepare a compilation within eight weeks in this regard.

    “The Attorney General has taken a stand before us that the government would like to press the curative petition. A number of NGOs would like to be impleaded. However, counsel for respondents has questioned the maintainability of the petitions as they have come 19 years after the judgement.”

    The government would represent plaints of persons who have suffered and thus a compilation would be required to be prepared by the office AG and the resp, insofar as the applicant’s associations are concerned, we do not give any liberty to file any pleadings,” the bench, also comprising Justices Sanjiv Khanna, A S Oka, Vikram Nath and JK Maheshwari said. The matter will now be taken up for hearing on January 10, 2023.

    The apex court had earlier asked the Centre to clarify its stand on whether it wants to go ahead with its curative petition seeking additional funds.

    The UCC, now owned by Dow Chemicals, gave a compensation of USD 470 million (Rs 715 crore at the time of settlement in 1989) after the toxic methyl isocyanate gas leak from the Union Carbide factory on the intervening night of December 2 and 3, 1984 killed over 3,000 people and affected 1.02 lakh more.

    The apex court is to hear the curative petition filed by the Centre seeking a direction to Union Carbide and other firms for an additional Rs 7,844 crore over and above the earlier settlement amount of USD 470 million.

    The survivors of the tragedy have been fighting for long for adequate compensation and proper medical treatment for ailments caused by the toxic gas leak. The Centre had filed the curative petition in the apex court in December 2010 for enhanced compensation.

    On June 7, 2010, a Bhopal court had sentenced seven executives of Union Carbide India Limited (UCIL) to two years’ imprisonment. The then UCC chairman Warren Anderson was the prime accused in the case but did not appear for the trial.

    On February 1, 1992, the Bhopal CJM court had declared him as an absconder. The courts in Bhopal had issued non-bailable warrants against Anderson twice in 1992 and 2009 before his death in September 2014.

  • Bhopal Gas Tragedy: 37 years on, children then not born scarred forever

    By PTI

    BHOPAL: They were not born at the time but hundreds of children live the horrors of that intervening night of December 2-3, 1984, every minute of every day — their bodies trapped forever in congenital disabilities such as blindness and cerebral palsy.

    Thirty-seven years and some three generations later, the darkness of that night when 40 tonnes of lethal methyl isocyanate leaked out of the Union Carbide plant hangs like an impenetrable cloud over the lives of untold thousands, including children as young as three whose parents were exposed to the toxin when they themselves were children.

    What did help was therapy and special education lessons.

    That has been impacted by the Covid pandemic and the months of lockdown that followed.

    As the world marks another anniversary, those those that survived – and their offspring — count their losses.

    The official number of deaths from what has come to be known as the Bhopal Gas Tragedy, among the world’s worst industrial disasters ever, was 2,259 but activists estimate the number could be well over 20,000, maybe double that.

    The effects were devastating for those who survived, and for the generations that followed.

    Adding to the long-term effects of those who inhaled the gas was the slow poisoning of the groundwater.

    Those exposed passed the effects on, leading to many children born with disabilities, including Down’s syndrome, muscular dystrophy and attention-deficit disorders.

    Alfez is 11, Umair 13, Isha 19, Mohsin 25… Just some of the many who spend endless days confined to their beds and inside their homes, helpless and totally dependent for their everyday needs.

    While studies continue and much is still to be known, the chain from that night 37 years ago is clear, said experts.

    And it is going on still.

    Azaan is only four years old.

    He has cerebral palsy, a debilitating, genetic condition that probably goes back to his grandparents who were exposed to MIC.

    “I was eight months pregnant when the gas tragedy happened. My daughter was born with nasal-related complications though not severe,” said his grandmother.

    Azaan’s seizures have increased in the last six months, probably because he didn’t get regular therapy due to the lockdown.

    Help has come in the form of therapists from the Chingari Trust, a rehab centre, doing weekly home visits and video calls.

    Eleven-year-old Alfez, who suffers from attention deficit hyperactivity disorder (ADHD), leads a lonely life with few people to understand him.

    His mother Tarannum recalls taking him to a doctor when he wasn’t even a year old and being asked whether anyone in the family was affected in the gas tragedy.

    It finally turned out that his father Sajid, who was then just a year-and-a-half, had inhaled the gas.

    Decades down the line, when he had a child, the impact was passed on.

    And the doctor told Tarannum, “Alfez’s medical condition is congenital.”

    “The lockdown interrupted Alfez’s regular therapy (which includes speech, occupational and special education at Chingari Rehab Centre). His behaviour has changed. With regular therapy, Alfez had started to speak a bit. That has stopped and now he can’t even tell us when he needs to go the toilet and soils himself.”

    The behavioural problems of 13-year-old Umair Ahmed, who was born with Down’s Syndrome, have also been exacerbated.

    Much loved by his family, he has started hitting out when someone comes too close because no therapy sessions have been happening.

    And his attention span has decreased, Umair’s father was just four in December 1984 when he was exposed to the poisonous gas.

    There could be other reasons for Umair’s medical conditions and research on genotoxic and long-term effects of MIC gas are still going on.

    The cases are many.

    Hidden in the bylanes of Bhopal, each story of despair lined with the silver of a loving family which looks after their children with care and empathy.

    Like 19-year-old Isha Ansari, who has spastic cerebral palsy, and doesn’t have use of her hands but like any other teenager loves listening to music, watching videos and playing on her mobile – operating it all with her toes.

    In her case, her mother Jainab was exposed to MIC.

    And both parents drank the contaminated groundwater for years.

    Amaan, 13, whose parents were exposed to the gas, also has cerebral palsy.

    He can’t eat himself but loves good clothes and good food, and even tries to do some writing.

    The lockdown has been tough.

    According to his family, Amaan was doing better with regular therapy but his condition has deteriorated now.

    He is not able to squat as he was earlier.

    He had also started articulating his words but has regressed to communicating through signals.

    Sixteen-year-old Zoya Khan, who has an intellectual disability with a wrist drop, holds her grandmother tight when she sleeps.

    “She looks for me,” the fond ‘dadi’, Asha Bi, said.

    A few months ago, Asha Bi lost her husband.

    The entire family, Asha Bi, her husband and her son, were affected by the gas leak.

    While Zoya’s father died a few years ago, the mother doesn’t keep well.

    Then there is the ever smiling Nida Khan, a 13-year-old who has Down’s Syndrome with alopecia, partial or complete lack of hair.

    Her mother Shabana Bi was seven when she inhaled the gas.

    Nida loves playing with her cousin, good clothes – shorts and dresses but not salwar kurta — and her favourite film is “Chennai Express”.

    The progress made over the years has been hindered by no therapy.

    She is struggling with her speech.

    Four months ago, her father passed away.

    Though she hasn’t been told about it, she senses his absence and sometimes looks out of the window to say, “Abbu hain wahan’ (father is standing there)”.

    Not far away, Ayushi’s mother Jyoti kissed her on her forehead and said, “My daughter needs only two things; continuous love and regular therapy.”

    One is ever-present for the child who has cerebral palsy and an intellectual disability, the other not so much because of the pandemic.

    Before the lockdown, Ayushi, also 13, had learnt to sit better, started signalling when she was hungry or when she needed to go to the toilet, said Jyoti, who was five when she breathed in MIC.

    Her brother’s child also has medical complications like Ayushi.

    There could be other reasons for Ayushi’s and her cousin’s medical conditions but there are researches on genotoxic and long-term effects of MIC gas.

    Mohsin is older, 25 and confined to his bed.

    He would earlier talk and walk but fell 13 years ago and his cerebral palsy worsened.

    “Mohsin understands almost everything. He knows when guests come home. He recognizes us and he plays with me and his siblings. He smiles at us when he is happy”, his mother, who was three in 1984, said.

    And so it goes on, lives whose destinies were written that cold winter night when poison spread through the air and the water.

    When will it end? Experts are still looking for answers.

  • Journalist who warned of Bhopal gas tragedy dies of post COVID-19 complications

    By PTI
    BHOPAL: Rajkumar Keswani, an acclaimed journalist who had warned about irregularities that led to the Bhopal gas tragedy much before the world’s worst industrial disaster took place in 1984, died of post COVID-19 complications here on Friday, his son Raunaq said.

    He was 72 and is survived by his wife and son.

    Keswani had tested positive on April 8 and had recovered on April 20 before being admitted for lung issues in the last week of April, he said.

    Madhya Pradesh Chief Minister Shivraj Singh Chouhan in his tribute said “Keswani was specially known for drawing attention about security lapses prior to the Bhopal Gas Tragedy.”

    “Keswani warned about the Bhopal gas tragedy months before the disaster took place on the intervening nights of December 2-3, 1984,” senior journalist Deepak Tiwari recalled.

    After starting his career as sub-editor of Sports Times during college days, Keswani went on to be associated with prominent outlets like New York Times, NDTV, Dainik Bhaskar, The Illustrated Weekly of India, Sunday, India Today and The Week.

    He had penned a book on classic film Mughal-E-Azam and was awarded the prestigious BD Goenka Award (1985) and Prem Bhatia Journalism Award in 2010.

  • Stop Covaxin trial in Bhopal: NGOs working for gas victims

    By PTI
    BHOPAL: At least four NGOs working for the survivors of the 1984 Bhopal gas tragedy on Sunday wrote to Prime Minister Narendra Modi demanding that the ongoing clinical trials for Covaxin, an indigenously developed COVID-19 vaccine, be stopped in the Madhya Pradesh capital in view of the “gross violation of laws and guidelines”.

    In the letters addressed to the PM and Union Health Minister Harsh Vardhan, these NGOs have also sought punishment for the “responsible parties who were negligent in ensuring the safety, well being and the rights of the trial participants”.

    They also demanded monetary compensation for “damages caused during the Covaxin trial in Bhopal”.

    These letters have been written by Rashida Bee of Bhopal Gas Peedit Mahila Stationery Karmchari Sangh, Nawab Khan of Bhopal Gas Peedit Mahila Purush Sangharsh Morcha, Rachna Dhingra of Bhopal Group for Information and Action, and Nausheen Khan of Children Against Dow Carbide.

    Covaxin is developed by Bharat Biotech in collaboration with the Indian Council of Medical Research (ICMR).

    “We are writing to you to apprise you of the onground situation with regard to the conduct of the trial. Evidence has emerged that the trial in Bhopal is being conducted in gross violation of laws and guidelines governing clinical trials in India,” the NGOs stated in the letters, copies of which were shared with media persons.

    “This is leading to exploitation and harm to a community of people that are not just economically and socially deprived, but whose health is compromised owing to the destructive impact and its consequences,” they said.

    The NGOs alleged that vulnerable people were being misguided and herded to participate in the trials, and the consent procedure and other protocol of the testing are being flouted.

    ALSO READ: Man dies in Bhopal days after participating in COVID vaccine trial, police begins probe

    “The (clinical) trial should be stopped immediately and an impartial probe be conducted,” they demanded.

    Talking to reporters virtually, Rashida Bee said, “At least 700 of the 1,700 people on who this vaccine, with unknown efficacy, is being tested, are the people poisoned by Union Carbide (gas leak in 1984).

    “One gas victim has already died within 10 days of getting the trial shot and many continue to have health complaints of serious nature,” Bee alleged.

    A 42-year-old man, who had taken part in the clinical trial for Covaxin in Bhopal on December 12, died nine days later, with doctors suspecting that poisoning could be the cause.

    Bharat Biotech had said in a statement that preliminary reviews indicated that the death was unrelated to Covaxin.

    Bee claimed that nobody was punished for the “death of 13 gas victims during the trials by pharma companies at the Bhopal Memorial Hospital & Research Centre some 12 years ago”.

    ALSO READ: COVID-19 vaccine race – Where they stand currently

    She demanded compensation of Rs 50 lakh for the people “whohave diedduring the Covaxin trial, as being given in the case of deceased corona warriors”.

    Alleging irregularities in the conduct of the Covaxin trials, Dhingra said, “People whose health is compromised due to Union Carbide’s poisons are being given the Covaxin trial shots without their knowledge or consent”.

    She said audio and video consent should be taken of all the vulnerable people (before allowing them to volunteer for this clinical trial).

    “No records are kept of the health problems the trial’s participants have had following the shots and several have been turned away without tending to the adverse effects of the shots.

    Trial participants who leave or are excluded halfway are denied care and are not followed up,” she alleged.

    Shehzadi Bee of Bhopal Gas Peedit Mahila Purush Sangharsh Morcha said, “In addition to immediate stopping of the trial and awarding compensation for the gas victim who has died during this trial, we demand a thorough and impartial audit, criminal punishment to officials and institutions responsible for this public health disaster and compensation for injuries caused due to the trial vaccines”.

    “By ignoring the ongoing criminal irregularities in the Covaxin trial in Bhopal, the Government is potentially unleashing a public health disaster on the 16th of this month,” said Nousheen Khan of the Children Against Dow Carbide.

    The Drugs Controller General of India last week approved Oxford COVID-19 vaccine Covishield, manufactured by Serum Institute, and Covaxin of Bharat Biotech for restricted emergency use in the country.

    The Central government on Saturday said India will launch its COVID-19 vaccination drive from January 16, with priority to be given to nearly three crore health care and frontline workers.