Bhopal Verdict: 25000 deaths, 2 years in prison...?

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Bhopal campaigners condemn 'insulting' sentences over disaster


Campaign groups representing survivors of the Bhopal disaster expressed outrage today at the "insulting" sentences given to seven men for their roles in the tragedy.

The accused, several of them now in their 70s, were convicted of criminal negligence and sentenced to two years in prison but bailed pending an appeal.


The convictions are the only ones so far in a case that was opened the day after the tragedy, which happened 26 years ago.

Up to 25,000 people are thought to have died after being exposed to clouds of lethal gas that escaped from a chemical plant run by the US company Union Carbide on 2 and 3 December 1984.

Half a million are estimated to have been harmed in some way in what remains one of the worst industrial accidents in the world.


"There is a sense of betrayal, of major outrage. This is not merely too little too late, but it is also a slap in the face of all those who were hoping for some kind of salve on their wounds," said Nitiyanand Jayaraman, of the International Campaign for Justice in Bhopal.

Hundreds of protesters, many waving placards saying "hang the guilty" and "traitors of the nation", tried to force their way into the court complex but were stopped by police.

Ram Prasad, a 75-year-old resident of the area, said the sentence was not enough. "I lost my son, younger brother and my father and I still have nightmares," he told reporters.

The prosecution, one of India's longest-running, was brought by the national Central Bureau of Investigation (CB). More serious charges – which could have meant sentences of up to 10 years – were controversially downgraded in 1996.

Most of those in the dock were operational managers at the plant. They included the then chairman of the Indian subsidiary of Union Carbide, the industrialist Keshub Mahindra.

Those convicted were also ordered to pay fines of 100,000 rupees (£1,400) each. The survivors' groups have criticised the prosecution, which involved around 3,000 documents and 170 witnesses, as "sloppy", and attacked the level of the fines.

"This is just pocket change to some of them. It is what they make in a month. The fine is an insult," Jayaraman said.

The Bophal plant was built in 1969 on wasteland outside the then limits of the city in order to produce pesticide for use in India's green revolution.

A series of investigations revealed how poor design and maintenance, as well inadequately trained and ill-equipped staff, contributed to the disaster, which happened when water was allowed to enter a tank of volatile methyl isocyanate, triggering a chemical reaction.

The toxic gas produced then flowed out into the slum areas that had grown up around the plant.

The Bhopal disaster has deep resonance in a country where the interests of poor or marginalised communities are regularly sacrificed in the name of development, and where enforcement of safety regulations is haphazard at best. Many Indians are deeply suspicious of foreign companies looking to invest.

A separate action is still pending against Union Carbide and its then chairman, Warren Anderson. Anderson, who lives in the US, has refused to return to India to face charges against him.

Dow Chemicals, which bought the company, says an agreement with the Indian government under which it paid $470m (£323m) in compensation resolved all outstanding legal issues.

A spokesman for Union Carbide said that as "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 … have appeared to face charges".

Although a previous attempt to extradite Anderson failed, Rachna Dhingra, of the Bhopal Group for Information and Action, said efforts to secure a trial of the former chairman would continue.

An appeal against the decision to downgrade charges to criminal negligence is also being planned.


"These men have been convicted of the equivalent offence of causing a road traffic accident. The government of India has shown it cares more about the corporations than the people. But there is still hope yet – we will keep the pressure on," Dhingra said.

While I can appreciate that this is not exactly a case of pre-mediated murder of 25000 people, it does seem like a bit of a light sentence given the death and suffering involved.

What kind of sentence would you think is appropriate?
 
While I can appreciate that this is not exactly a case of pre-mediated murder of 25000 people, it does seem like a bit of a light sentence given the death and suffering involved.

What kind of sentence would you think is appropriate?

There is only one proper sentence, which is the one handed down by the court. There is no way we can judge what happened 25 years ago in a foreign country. It is for the competent authority in the relevant jurisdiction to study the facts and come to an objective conclusion, which I hope has been done here.

Altogether 178 witnesses were cross-examined and over 3,000 documents investigated. How can any of us second-guess such a process and claim to be objective in doing it?

http://vyganews.com/news/india/12393-bhopal-gas-tragedy-verdict-today
 
Far be it from me to judge the judicial process in india, but I imagine that there, like here, sometimes justice is not served to the fullest whether by bias, error, or loopholes. Just wondering what folks thought of it at first glance....
 
There is only one proper sentence, which is the one handed down by the court.

How can any of us second-guess such a process and claim to be objective in doing it?
If I recall correctly, you have second guessed decisions made by USA #1's Supreme Court. Why are you giving a foreign court more benefit of the doubt?
 
Because this decision apparently goes in his favor instead of against?

I think a far worse travesty of justice is the fact that it took them 25 years to finally try them on highly reduced charges:

http://www.nytimes.com/2010/06/08/world/asia/08bhopal.html?src=me

The convictions were announced after a bitter quarter-century-long court battle. Initially the defendants were charged with culpable homicide, which carries a maximum sentence of 10 years, but India’s Supreme Court reduced the charges.

Indian authorities tried unsuccessfully to prosecute Warren M. Anderson, chairman of Union Carbide at the time of the leak. Mr. Anderson, now nearly 90, came to India after the disaster and was briefly arrested, then released on bail. His bail expired years ago and he is considered an absconder by Indian courts.

About 2,000 more deaths were directly attributed to the gas leak, and government records indicate that 578,000 people were affected. Union Carbide paid $470 million to settle with the victims, with each getting an average of $550.

Indian courts are notoriously slow. Jam-packed dockets and a shortage of judges can leave criminal cases hanging for years, or even decades. High-profile cases often drag on for even longer, as skilled lawyers file endless motions and continuances while defendants remain out on bail. The accident site, which sits in the middle of Bhopal, was given back to the state government. It still has 425 tons of hazardous waste that have yet to be cleared. Union Carbide was bought by Dow Chemical Company in 2001, and the Indian government is seeking to get Dow to clean up the site. Disease and disfigurements remain common in Bhopal, though little research has been done on the toxic legacy of the accident site.
 
Charges should have been fines on Union Carbide, and when it was bought by Dow, they should have inheirited those fines. Jail sentances in corporate cases such as these are pretty much meaningless, as you are dealing with enourmously large cases (25,000 people) and you can't put all that blame onto people who were cogs in the machine, even if they were at the top.
 
This was a really terrible disaster to begin with, for the people of Bhopal as well as the environment. They have had to live with the pain and suffering for so many years and still no justice! And the Warren guy, why not get him extradited? As for CSR, it is a disgrace for Dow Chemical. When is the mess all going to be cleaned up? This article points to the fall of CSR for Dow in the Bhopal disaster: http://news.suite101.com/article.cfm/lax-prison-terms-for-bhopal-disaster-convicts-points-to-poor-csr-a246176
 
India was socialist when this disaster occurred.
Union Carbide certainly wasn't. India merely allowed them to exploit the locals while Union Carbide repeatedly engaged in unsafe practices.
 
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