Bhopal disaster executives found guilty, sentence lenient

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Murazor
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Bhopal disaster executives found guilty, sentence lenient

Post by Murazor »

From CNN.
New Delhi, India (CNN) -- A court in central India ruled Monday that seven top executives and the company they worked for are guilty for their role in the 1984 industrial disaster that killed thousands in Bhopal, India.

The leaking of poisonous gas from Union Carbide India Limited -- the now-defunct local subsidiary of the American chemical company -- was one of the world's worst industrial disasters. Plaintiffs had waited more than two decades for the verdict.

The convicted former employees have been sentenced to the maximum punishment allowed in the case. The judge imposed a two year prison term and a fine of about $2000 each after convicting the men of negligence causing death, endangering public life and causing hurt.

Indian industrialist Keshub Mahindra, then head of Union Carbide India Limited, six colleagues and their company were convicted of negligence, said prosecuting attorney C. Sahay. Another company manager charged in connection with the litigation died during the trial, he explained.

Last year, the trial court also issued a warrant of arrest for Warren Anderson, the former chairman of the U.S.-based Union Carbide Corporation. He has been declared an "absconder" -- or a fugitive -- from the indictment, Sahay said.

Originally, the defendants faced stronger charges of culpable homicide. In 1996, India's supreme court downgraded the charges to death by negligence following an appeal.

Nearly 4,000 people died instantly when a milky fog of methyl isocyanate, a chemical used to produce pesticides, escaped from the company's plant in Bhopal in December 1984. More than 10,000 other deaths have been blamed on related illnesses, with adverse health effects reported in hundreds of thousands of survivors.

Many of them struggle with ailments including breathlessness, cancer, near-blindness, fatigue heart problems and tuberculosis.

Union Carbide, now a subsidiary of Dow Chemical Co., paid a $470 million settlement to India in 1989. The company blamed the disaster on an act of sabotage and has said it no longer has any liability.

But according to the International Campaign for Justice in Bhopal, survivors have received an average of only $500 each in compensation.

Union Carbide says neither the parent company nor its officials are subject to the jurisdiction of Indian courts.

Indian authorities blamed the tragedy on the maintenance and design of the site.

The company, however, has denied the charges, insisting the leak was an act of sabotage by an employee who it said had tampered with the gas tank.

Union Carbide has also defended its safety record.

"The (Bhopal) plant addressed all of those (safety) issues well before the December 1984 gas leak. None of them had anything to do with the incident," the company says on its Bhopal Information Center Web site.

But activists and survivors have long been demanding that somebody be held criminally responsible for the disaster, and criticizing Indian officials for their response.

"The government does not want to discourage foreign investors," said Abdul Jabbar, convener of the Bhopal Gas-Affected Working Womens' Union, who claims the Indian government has attempted to protect the multinational company.

The toxic leak, he said, has affected more than 575,000 people.

On the 25th anniversary of the gas leak last year, Indian prime minister Manmohan Singh called the events in Bhopal in 1984 a "tragedy of neglect."

"The leakage resulted in over 5,000 people losing their lives and many others being incapacitated permanently. The enormity of that tragedy of neglect still gnaws at our collective conscience," he said.

He said the government implemented several measures to provide relief, medical rehabilitation and to improve to living conditions of affected families.

"I reaffirm our government's commitment to resolving issues of safe drinking water, expeditious clean up of the site, continuation of medical research, and any other outstanding issues connected with the Bhopal gas tragedy," he said.

Sixteen years after the leak, Union Carbide became part of the Dow Chemical Corporation. Union Carbide claims the issue has been resolved and Dow has no responsibility for the leak.

"There were no liabilities for Dow to inherit through Union Carbide on the Bhopal gas release. Dow acquired the shares of Union Carbide in 2001, more than a decade after Union Carbide settled its liabilities with the Indian government in 1989 by paying $470 million," Union Carbide's Bhopal website says.
Personally, I'd say that this sentence is worse than if they hadn't been tried at all.

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Re: Bhopal disaster executives found guilty, sentence lenien

Post by weemadando »

That's appalling, but then again what do we expect? The oligarchs once again ride roughshod over any actual implications or responsibility.

And anyway, it only killed a few hundred thousand brown people, what do us first worlders care?

It's fucking disgusting.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by Twoyboy »

The company, however, has denied the charges, insisting the leak was an act of sabotage by an employee who it said had tampered with the gas tank.

Union Carbide has also defended its safety record.

"The (Bhopal) plant addressed all of those (safety) issues well before the December 1984 gas leak. None of them had anything to do with the incident," the company says on its Bhopal Information Center Web site.
Bastards. I guess they forgot to mention how the leak was initially denied. Maybe they thought it would all just disappear. MIC is water soluble. If they've contacted nearby residents and told them to put a wet cloth over their face, many would still be alive and far less would be affected.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by wautd »

Murazor wrote: a fine of about $2000 each after convicting the men of negligence causing death, endangering public life and causing hurt.
you mean this is not a typo?
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by General Zod »

I'd like to know how the fuck it takes 20 years to reach a verdict for something of this magnitude. I mean that's appallingly slow.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by MKSheppard »

Remember that India's justice system is very weak compared to a first world nation's. This is about par for the course sadly.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by Sea Skimmer »

The reason they never did anything legally about it before now is because you can find nearly as much guilt in the Indian government for ever allowing the site to be built and operated as you can in the company for running it so damn poorly until it exploded. Plus the government took over the Indian based part of the company, meaning that the government is now on the hook for some of the liability which it has no intention of paying. Combined that with the Indian legal system being godawful and I'm surprised they even bothered with this. Apparently the laws this case was tried in equated the disaster with a traffic accident which is why all the fines and prison time are scaled so low.

Methyl isocyanate is more lethal then any chemical weapon used in WW1 as far as I can tell, and they had 40 ton tanks of the stuff rusting inside a city. That's just insane.
wautd wrote: you mean this is not a typo?
Nope not a typo. But think about it, the average person in India makes what, two dollars a day? So from that standpoint being fined 2,000 dollars for an accident is a big deal... and that would make a slight bit of sense if this was a car crash caused by negligence and not what it really is.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by SirNitram »

MKSheppard wrote:Remember that India's justice system is very weak compared to a first world nation's. This is about par for the course sadly.
Unfortunately, I'm not sure it's much better in the 1st world. Exxon Valdez spill got appealed to the SCOTUS, and in 2008 it got knocked down to 507M. And they still haven't fully payed, and it's still not fully cleaned.

So.. Not so sure it's much better these days.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by Sea Skimmer »

Well they did change the liability laws after Exxon Valdez, and the fact that BP has already given money to some fishermen 49 days after the oil spill suggest that did count for something. It might not be enough money, but that's still a big change the earlier spill when no one at all got a dime until two years after , and IIRC the very few companies that got that money had to promise to pay back any other money they were awarded as part of a large scale lawsuit in ordered to get the settlement.

I think the cleanup will also go a little better, simply because this is happening right offshore of several major American cities on sandy beaches. That means more pressure to quickly cleanup, and much easier logistics of a cleanup vs. remote rocky Alaskan islands. A lot of Alaskan shoreline is still not clean because frankly, we just have no realistic way of doing it. Sandy beaches and silt filled marshland is way easier to deal with, since you can suck it up and pump it back.

But as for Bhopal, the trouble has become that at this point all health problems in the city are now blamed on the disaster, and its impossible to tell which is which since MiC does have lingering after effects. The result is deadlock on the matter, and everyone just keeps suffering.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by weemadando »

I heard someone make a comment along these lines and thought I'd post it here as it's a fantastic point.

Union Carbide killed AT LEAST an order of magnitude more people than the 9/11 attackers and the toll is still rising nearly daily.
25 years later it's local reps (not even the actual company decision makers) get 2 years gaol and a $2000 fine.

Something seems deeply amiss here, no?
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by Samuel »

weemadando wrote:I heard someone make a comment along these lines and thought I'd post it here as it's a fantastic point.

Union Carbide killed AT LEAST an order of magnitude more people than the 9/11 attackers and the toll is still rising nearly daily.
25 years later it's local reps (not even the actual company decision makers) get 2 years gaol and a $2000 fine.

Something seems deeply amiss here, no?
You mean that we don't value crimes based on how many they kill, but the chances it would have occurred to us? Or, in other words, foreign poor people don't matter? That isn't new- literally.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by General Zod »

weemadando wrote:I heard someone make a comment along these lines and thought I'd post it here as it's a fantastic point.

Union Carbide killed AT LEAST an order of magnitude more people than the 9/11 attackers and the toll is still rising nearly daily.
25 years later it's local reps (not even the actual company decision makers) get 2 years gaol and a $2000 fine.

Something seems deeply amiss here, no?
I'm not really sure what kind of point that comment is supposed to be making considering it was an Indian court that handed out the "punishment".
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by Admiral Valdemar »

weemadando wrote:I heard someone make a comment along these lines and thought I'd post it here as it's a fantastic point.

Union Carbide killed AT LEAST an order of magnitude more people than the 9/11 attackers and the toll is still rising nearly daily.
25 years later it's local reps (not even the actual company decision makers) get 2 years gaol and a $2000 fine.

Something seems deeply amiss here, no?
The whole system is amiss. This is beyond fucked up.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by marianneliz »

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/la ... sr-a246176
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by UnderAGreySky »

All this happens while the US refuses to extradite the then-CEO of Union Carbide. Corruption on the Indian side, arrogance on the American. Perfect. :banghead:
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by Losonti Tokash »

weemadando wrote:And anyway, it only killed a few hundred thousand brown people, what do us first worlders care?
Uh...I don't think that's the issue here, considering that the people who handed down the verdict are the same "brown people."
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by MKSheppard »

Actually Union Carbide settled a civil case earlier in Indian courts for like 498 million for Bhophal.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by Sea Skimmer »

470 million in 1989. However it took another five years to get the settlement approved by Indian courts even though the money was already paid... and then the government simply didn't spend most of it because of absurdly slow claims processing. Not that you'd expect anything less from the Indian government which is not exactly known for bureaucratic efficiency. A 2004 court ruling did finally order them to pay out all the money but I have no idea if they've yet done so yet. IIRC Union Carbide also gave the local hospitals a 90 million dollar trust fund from the sale of its Indian operations. A new round of lawsuits is starting though, because the site was never cleaned up and is now abandon and overgrown and owned by the government.
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Re: Bhopal disaster executives found guilty, sentence lenien

Post by Admiral Valdemar »

That reminds me. There are still outstanding claims to be satisfied regarding the Exxon Valdez, so I hear. I imagine the BP incident taking place now will suffer the same long lasting trials and tribulations of our bureaucratic processes and court system for some years after any major payout is agreed.
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Re: Bhopal disaster executives found guilty, sentence lenien

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Admiral Valdemar wrote:That reminds me. There are still outstanding claims to be satisfied regarding the Exxon Valdez, so I hear. I imagine the BP incident taking place now will suffer the same long lasting trials and tribulations of our bureaucratic processes and court system for some years after any major payout is agreed.
The vast majority of claims are unsatisfied in fact, only a few fishing companies ever got any money through some quick settlements right around the time of the spill. Everyone else has been engaged in a massive lawsuit which has already been to the US supreme court once. It will be years to get real money out of BP, but not as long as that's been. The Valdez claims are so dragged out because the law was pretty unspecific on the entire subject besides liability caps. The law was changed since then, but they don't apply retroactively.
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