Bhopal revisited~II

The license for setting up the Union Carbide plant at Bhopal for producing poisonous MIC and a 'no-objection' from the Pollution Control Department were granted despite the plant's location being near a densely populated area. This was against prescribed norms. No action was taken against the erring UCIL for not complying with statutory safety measures. Was it not a hoax? Were the state and Central government officials hypnotized by the gimmicky assurance of UCC that 'our Bhopal plant will be as inoffensive as a chocolate factory'?

- DILIP DATTA

Was the law taken in one's hand? The answer is 'yes'. Otherwise, why did the Central government exercise the power of parens patriae (parent of the nation) and prevent the victims from filing suits through lawyers of their choice? The government also passed the Bhopal Gas Disaster (Processing of Claims) Act, 1985, without consulting the victims or caring for their well-being and took away the victim's right to fend for themselves.

Within seven days of the tragedy, tort-lawyers from the USA flocked to Bhopal to strike deals with the victims. American tort lawyers are the most aggressive breed of the legal profession who secure settlements for huge sums.

Taking advantage of Prime Minister Rajiv Gandhi's lack of experience and naivety, he was persuaded to exercise the power of parens patriae. And what did the Central government do next? It lodged a suit in a New York District Court claiming $3 billion compensation for the victims. Knowing the power of American tort lawyers, who are known to be experts in handling such cases in American courts, UCC, aided and abetted by our Central government, succeeded in transferring the case to an Indian court.

What happened five days after the MIC leak was a drama which naïve citizens of India witnessed. Warren Anderson, Chairman of UCC, reached Bhopal on 7 December 1984.

The MP government, headed by Chief Minister Arjun Singh, presumably with a view to scoring political advantage, spread the news that Anderson had been arrested and subsequently granted bail.