Indian government - Partners in the crime

Since the last four years with its policies of economic liberalization, the government of India been promoting investments by transnational corporations (and particularly those de aling with chemicals) by allowing them to control majority stakes in Indian companies. U.S. based corporations for political and historic reasons, are most favoured and nearly 50% of the foreign investment in the country is by them. In just one week last year, Rs. 10,000 crores (US$ 333 million) worth of foreign investment projects were sanctioned. Legislative adjustments, made for the new industrial policies to take effect mean that factory managements can now take recourse to harsher laws to make workers tow the corporate line. Liberalization has also meant slashing down duties on chemicals from a high of 200% to a mere 25%.

In the case of Du Pont which is setting up its Nylon plant in Goa, a clause included in the agreement with the Indian government has granted civil and crimi nal immunity to the parent corporation for damages that may be caused by the sub sidiary factory. In most foreign tie-ups since then, the get-away clause is rout ine. By all accounts the government is all set to cause another Bhopal in the co untry and if there are any lessons learnt from the disaster they have to do with management of their consequences rather than prevention.

With Union Carbide, the Government of India had a special relationship long before liberalization. As a "partner in progress" in the Green Revolution, UCC was allowed to hold majority stakes in UCIL, departing from legislations meant to curb monopolistic growth. The corporation was licensed and permitted storage and production of Methyl Iso Cyanate in the midst of populated communities and workers' repeated demands for relocation of the factory and implementation of occupational safety laws were consciously ignored. Such favours were duly returned. In the US the Corporation officially contributes to US congressional candidates (US$ 24,100 in 1988) and comparable sums were paid to the Congress party in India too albeit unofficially. As additional favours kins of senior buraucrats and politicians were given employment in the company.

In the last twelve years the Indian government and the state government of Madhya Pradesh (irrespective of the political party in power) had followed the policy of protecting the interests of Union Carbide against that of the survivors. Through the Bhopal Act that was passed three months after the disaster, the government arrogated to itself sole powers to represent the survivors in the damage litigation. Though the promise of acting in the best interests of the survivors was contained in the act, the government did just the opposite. It colluded with Union Carbide in revictimizing the victims. The mock battle that went on in the courts for over four years culminated in one of the most scandalous sell outs. On 14-15 February 1989, the Indian government agreed to absolve Carbide of all its past, present and future liabilities in exchange for payment of US $ 470 million, less than one seventh of the original claims.

The first official response to the Bhopal disaster was to play down the damage caused by Union Carbide. Government trucks, instead of evacuating the people, were used for carrying away dead bodies to bring the death count down. In January 1987 the government's Directorate of Claims carried out medical examination of the Bhopal claimants for assessment of their exposure related injuries. The assessment was carried out by doctors with no experience of measuring toxic injuries and even essential tests like those for measuring effects on lung capacity, work capacity and vision were not carried out on over 80% of the claimants who were exaxained. Damage caused to the brain, reproductive and immune systems were not even considered for assessment. 45% of the claimants were left out of the injury assessment exercise.

Suppression of facts
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Immediately after the disaster the government clamped down on information related to the causes and consequences of the disaster. Two government commissions set up to enquire into the technical and managerial causes of the disaster and the effect of exposure on living systems were prematurely wound up and all medical research carried out by government agencies remain classified to this day. Given the unknown nature of the chemicals and the ominous findings regarding long term consequences of exposure, health surveillance is an absolute must in Bhopal. Yet all long term research is being terminated and government monitoring agencies are being wound up.

While the government took special care of Union Carbide, its concern for the survivors has been marked by its total absence. Minimum relief and rehabilitation measures required to e nsure survival of the gas exposed people remain to be implemented to this day. The terrible inadequacies of the government hospitals are as much responsible for the continuing plight of the survivors as the insidious nature of the chemicals.

The severe and large scale incapacitation caused by the exposure, called for provision of jobs conducive to the health condition of the survivors. What the government chose to do instead was to distribute dole (Rs - 200 / US $ 7 per month per person) and now, even that is being deducted from the compensation. Suggestions by survivors and their sympathizers to improve medical care and monitoring, make jobs available and provide minimum living conditions, presented to senior government officials over the last ten years have been met with indifference and neglect.

Existing programmes are currently being wound up or their budgets are being cut down. Insufficient as they are, payment of compensation is being seen by the government as marking the end of its responsibility towards the survivors.

Inaction against carbide
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Immediately after the disaster, the government had promised to punish those guilty of causing the Bhopal disaster. However the indifference of the government is evident in the course of its entire process against Union Carbide.

Collection of evidence against the accused has suffered from deliberate neglect, and despite the fact that extradition orders are pending since March 1992, the government has made no moves to bring Anderson and other accused to face trial. In fact the government has conspired with Union Carbide in the sale of its shares in UCIL and made the prosecution of the accused more difficult.

Repression on survivors
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While the perpetrators of the massacre in Bhopal remain unpunished the government has unleashed brutalities against the survivors on occasions in the last ten years. Survivors and their sympathizers have been assaulted by the police, arrested and imprisoned on several occasions. A number of criminal proceedings on fabricated charges are pending against them in court. In May l991, the Bharatiya Janata Party government of the state, demolished the houses of over 15,000 muslim gas affected people and forcibly relocated them 13 kms away from the city.

Posters on walls of New Delhi after the settlement in '89. Accompanying cartoon shows the Carbide cat tossing a few coins at Rajiv Gandhi, then Prime Minister, who is shown prostrated.

Hindustan Gulaam, Carbide Salaam

[India salutes Carbide as a slave to it's master]

What the lndian government must do
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Set up National Medical Commission on Bhopal with government and non-government professionals and representatives of survivors organizations. The Commission should have adequate powers and resources to carry out medical research, disease surveillance and health care of the survivors at least for the next ten years.
Provide finances and services to enable survivors to earn their livelihoods through income generating cooperatives or individual projects.
Make public all medical and scientific information related to the Bhopal disaster generated by government agencies. Allow public scrutiny and review of the government's programmes for the welfare of the survivors.
Get serious about the criminal investigation on the Bhopal disaster and initiate extradition proceedings against Anderson and other foreign accused.
Implement a speedy and equitable compensation distribution in line with the scheme presented by survivors organizations by paying a flat sum to all residents of the areas declared to be gas affected by the ICMR. Claim courts should function only for non-resident claimants and those who claim additional sums.

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