Double standards for Bhopal gas tragedy victims ?

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blr_p said:
So if 500 cr is too low for India then what kind of figure do you think is appropriate ?
FOr me for country like INDIA anything below 10000 crore right now makes no sense..And plus after seeing bhopal tragedy and the way the government washing hands and we ourselves paying our own money for being victim it has to be atleast half of what UNited states have because we know how seriously security of a plant is taken when its a government agency...We all know how much is spend in NREGA plans and not even 5% reach the deserving and here we talking after mishap not before that its like we will provide service but no responsibility

I know no one will be ready to pay but the plant part manufacture will show utmost care for its product

As read in yesterdays paper what the government did with Bhopal was....Instead of individual filing cases in court government took responsibility to do on their behalf..

But at the end they became the driver for safe passage to all....All parties like Arjun singh and congress cant wash their hand from this sin.And we talking about only anderson
 
Anyone following the recommendations the GoM (group of ministers) constituted to look into the matter? They have recommended that the toxic, "Chernobyl like" waste be buried on site in an ...ahem "scientific" manner.

Source: Bhopal GoM wants toxic waste buried: Rediff.com India News

Being indians we are used to govt neglect and apathy but I really thought that when they said scientific, they really meant hiring a team of international experts to decommission the plant, relocate and dispose off the waste. This attitude really gave me a shock. Haven't they learnt anything?...anything at all from the tragedy?

For so many years, chemicals have been leeching into the soil and has made it's way to the civil water supply. In addition to fighting for some form of compensation, environentalists have been pleading for so long for the waste to be removed, treated and disposed of. Now, the GoM comes with this great new idea of keeping the waste where it is.....scientifically. I wonder if the GoM is itself retarded or are they following recommendations from a bunch of retarded officials.

Also, all this effort to get Anderson to trial is again a beautiful ploy to misguide the anger of the common public. Everyone knows that it's the then govt. officials and the successive govts who have criminally and systematically neglected the people of Bhopal. If anyone needs to be brought to trial, it should be them. Why let them off the hook? Were they not involved in letting Anderson get out of the country (that too on the then CM's plane)? Why should they not be jailed for their involvement?

If one can argue that the CEO of a company is responsible for it's affairs, then one can also argue that the it is the govt who supposed to represent it's people's interests(or at the very least, their welfare). Legally, you can't even let Dow chemicals off the hook as when a company is acquired, it's assets AS WELL AS LIABILITIES are inherited. How and why did they allow this acquisition? To create more confusion as to who is responsible?

It really makes me feel that justice has gone to hell in this country....even at the highest level. There is no hope for anyone here. We might as well be clubbed with one of those african countries for inventing a new form of genocide through govt apathy.
 
sydras said:
If one can argue that the CEO of a company is responsible for it's affairs, then one can also argue that the it is the govt who supposed to represent it's people's interests(or at the very least, their welfare).
Why was Anderson charged with a bailable offense then ?

sydras said:
Legally, you can't even let Dow chemicals off the hook as when a company is acquired, it's assets AS WELL AS LIABILITIES are inherited. How and why did they allow this acquisition? To create more confusion as to who is responsible?
No, because both companies are American owned. The operation in India was a subsidiary controlled by the govt here. So in the US those liabilities do not show on the books. Union Carbide has lots of assets elsewhere which Dow acquired.

I feel this case was over & done with when the supreme court made its verdict in '96.
 
blr_p said:
Why was Anderson charged with a bailable offense then ?

I don't follow. I meant that the govt. should have represented the people's interests instead of the company's. They should have forced a cleanup by the company and sought much greater compensation for victims. They were least bothered about their own people. They aided and abetted Anderson's escape from the country citing flimsy reasons when they should've been concerned about the aftermath of an industrial disaster.

blr_p said:
No, because both companies are American owned. The operation in India was a subsidiary controlled by the govt here. So in the US those liabilities do not show on the books. Union Carbide has lots of assets elsewhere which Dow acquired.

I feel this case was over & done with when the supreme court made its verdict in '96.

1> You mean to say that the govt of India had a stake in UCIL and 2> that UCIL did not figure in the list of Union Carbide's liabilities in the US? Hmm...I believe that Union Carbide had paid paltry compensation and settled the issue with the indian govt. If Dow acquired Union Carbide after the settlement then what you say could be true. But 1> is news to me. What are the implications for the govt in such an arrangement?
 
sydras said:
I don't follow.
Meaning why didn't we charge Anderson with a non-bailable offence.

As a result, he was able to get out and skip the country otherwise he would not have been able to do so. Now, i'm not clued up on the minutaie here about penal codes but from what i could understand he was not directly, personally, responsible for a screwup at the plant but rather the company was.

sydras said:
I meant that the govt. should have represented the people's interests instead of the company's. They should have forced a cleanup by the company and sought much greater compensation for victims. They were least bothered about their own people. They aided and abetted Anderson's escape from the country citing flimsy reasons when they should've been concerned about the aftermath of an industrial disaster.
The govt can only do what the law at the time allowed. Can you show that the law was not followed to the letter wrt to this ? I asked Magnet the same question earlier.

If you can indeed show this then you can claim that the govt did not do its job otherwise its just hot air.

The main point i think that no one wants to admit is that our laws at the time were inadequate to deal with such a situation, this is why we hear this talk about 'aiding & abetting'. If so then we must accept this and strengthen these laws so the same does not happen in the future.

It's for this very reason that the nuke liabilities bill needs to be stronger otherwise we will see the same happening again. Bhopal has to be a 'never again' moment and we have to learn from that painful experience.

sydras said:
1> You mean to say that the govt of India had a stake in UCIL and 2> that UCIL did not figure in the list of Union Carbide's liabilities in the US? Hmm...I believe that Union Carbide had paid paltry compensation and settled the issue with the indian govt. If Dow acquired Union Carbide after the settlement then what you say could be true. But 1> is news to me. What are the implications for the govt in such an arrangement?
The plant in Bhopal was a subsidiary of UC that means the govt had some stake in it if not a controlling one. This necessarily has to be the case as to date we still don't allow foreign companies to be fully foreign owned here ie no convertibility of the rupee on the capital account.

When you hear talk abroad about how companies would like to exploit the market here the main obstacle in their way is the above, when those laws relax as they inevitably will then more companies will setup shop here. It means a company can setup an operation and if it fails they can fully repatriate what they invested here, curently they cannot do that or not as easily.

sydras said:
Hmm...I believe that Union Carbide had paid paltry compensation and settled the issue with the indian govt.
In that case there are no more liabilities for UC in India. Again, was the compensation in line with what the laws at the time stated for liability ?

UC could have cut a deal and used every loophole in the book to lower the liabilities but in the end was it legal ?

sydras said:
What are the implications for the govt in such an arrangement?
UC is off the hook and the govt, ie the taxpayer might be liable to shell out the difference. When that happens is anyone's guess ?
 
Bhopal gas tragedy: Dow's double standards exposed

Here is something for legal eagles of the government of India to chew on: while Dow Chemical Company denies any responsibility for damages caused by Union Carbide in Bhopal, it has taken over all liability of Carbide for fighting out over 75,000 asbestos related law suits in the US. Dow/Carbide expects to incur liability costs of $839 million in the coming years. They have already spent a whopping $687 million in litigation costs, besides paying out $1,480 million to an unspecified number of claimants till date. Carbide became a subsidiary of Dow through a merger in 2001.

These facts, gleaned from the mandatory annual filing (Form 10-k ) for 2009 submitted by Dow to the Securities and Exchange Commission (SEC) of the US on February 19, 2010, clearly establish that Dow has taken over Union Carbide liabilities for bodily damages caused by the latter’s commercial activities. In the case of Bhopal, Dow has consistently claimed that it had nothing to do with the massive gas leak disaster of December 3, 1984 in the pesticide plant run by Union Carbide.

Complete article on the page

Bhopal gas tragedy: Dow's double standards exposed-Politics/Nation-News-The Economic Times
 
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