The factory was run by the UCIL not by UC so the people working for UCIL were convicted according the law.
Giving the example of a driver and car owner here is just adding insult to injury. Someone processing such deadly material among the people and not taking care of adequate safety measures, how is that comparable with a car driver.
Giving the example of a driver and car owner here is just adding insult to injury. Someone processing such deadly material among the people and not taking care of adequate safety measures, how is that comparable with a car driver.
Yes but the fact is UC had majority shares(more than 50%) in UCIL hence UC management would be/need to charged and tried. Because UC was in the most influencial position in UCIL.
The example was given by x-chief justice and need to be seen in the legal perspective not emotional.
Yes but the fact is UC had majority shares(more than 50%) in UCIL hence UC management would be/need to charged and tried. Because UC was in the most influencial position in UCIL.
The example was given by x-chief justice and need to be seen in the legal perspective not emotional.
Vipin this has nothing to do with majority or minority share holders, the person who is responsible and inchagre for day to day affiars ,suprevision and control of the company shall be responsible and liable for prosecution.Even if the person who is inchage or MD or VP whatever, he show by evidence then he is not managing the day to affairs then he shall not be helf responsible for the same.
There is difference between reading the message and comprehending the same.
Anyway, If a family loses its member in a disaster like Bhopal or in a car accident, it will be same for the family. Both offenders will be booked under same section in Indian law. That was the only reason the example was given for. No emotions in law, only fact and proofs.
Bottom line is, there must be different laws to deal with this kind of disasters. As I said earlier, the civil nuclear liability bill will limit the liability of the institutions in this kind of disasters so we will see more decisions like this from our courts if a disaster happens. We must change our law to deal with the increased risks by industrialization.
Thanks Vipin Ji. I was not aware about this fact. For me, it was like technology bought from UC and used by UCIL and its owners.
this can only be achieved if the indian lobby in US works for his extradition... naa tae bajate raho jhun-jhuna.
Kisko karen Shikayat, Kiski den duahi
Chor hai Daroga, aur chor hai sipahi
Iss mulka bas KHuda hi hafiz hai....agar wo bhi kahin hai to... I have never felt so sad in my entire life..
RK^2
Well said!! I fully agree with you.
They were all hand in glove. This journalist says it all
"
Can you tell us what kind of evidence you had against the US-based Union Carbide Corporation, parent company of Union Carbide India?
I started working on this story in 1981. That was the time when my friend Mohammad Asharaf was working in Union Carbide India Limited. He died due to exposure to phosgene gas. I had an idea that some hazardous chemicals are being used in the Bhopal factory. I reported on his death and then worked for nine months on knowing about the factory. I reported my first story in September 1982. In October that year I ran a series and wrote weekly reports against Union Carbide and the possibility of risk to human lives due to the chemicals in the plant. People treated me like a crazy man. They used to tell me, 'Arre aisa kabhi hota hai kya? Aisa kabhi hua hai kya is duniya mein?' (Do things like this happen? Have such things happened anywhere in the world?)
People in government, who were in the know of things, were hand in glove with the management of Union Carbide. They would trust Union Carbide more than anything else. Union Carbide was the only multinational at that time in a small city like Bhopal. Their reputation was such that it was difficult for anyone to believe that they could be negligent. It was very disappointing for me.
But what kind of evidence did you have against UCC of the US?
In 1982, an audit team had visited Union Carbide in Bhopal. They had inspected the plant and said that certain safety measures must be taken, otherwise there could be a gas leak. I printed the report of the visit of the audit team and their observations in Jansatta before the 1984 gas leak.
At 15 places in that report, they had written that safety measures are not proper and it could have a 'runaway' reaction. So the plant had problems before the leak in 1984. There is enough proof. Second, UCC, USA said they were not involved in the day to day running of the plant so they could not be made responsible. There are telex messages as proof which shows that the company in USA was totally involved in all the decisions of the company in Bhopal. They were sending instructions to Bhopal.
UCC India had a works manager named J Mukund (one of the accused who was convicted on June 7). He had sent a message asking for advice about coating the pipes. The US-based parent company sent him a message saying that the best material for piping would be too expensive and too difficult to acquire. How can UCC, USA escape their responsibility when they were advising Bhopal to economise on safety measures? They were telling Bhopal to use cheaper material. They were advising it to compromise on safety. Mukund's message was sent on August 27, 1984. Just a few weeks before the fateful leak.
Do you have the copies of those telex exchanges?
Yes.
"
Read the full story at http://news.rediff.com/interview/2010/jun/11/interview-man-who-warned-of-the-bhopal-gas-leak.htm
Reading all this makes me even more sad. Presently I am in USA and every day I am reading about this oil leak disaster by BP oil well in the gulf of Mexico. Same story, except that this time its the marine life which is being killed. Same negligence on the part of BP. East India Company type of operations ..... same old story...One thing is very sure. We can not count on politicians. Only the people of this country can save nation...Our kings sold us to Muslims invaders and then to British. It was the public who fought and got the freedom. Once again politicians are failing us. We hardly have much options, but keep fighting...else we are doomed once again...Its darkness all around...crooks everywhere.
RK^2
that's why i said in my previous post: "failed verdict of a failed state"brahmtewatia said:"this can only be achieved if the indian lobby in US works for his extradition... naa tae bajate raho jhun-jhuna"... nd to achieve that, there has to be a political will.
Tevatia Sahab, let us not fool ourselves any further. Majority of our politicians are Mir Zafars and Jaichands. First they let criminals like Azhar Masood, andersons board the plane and then pretent to fight to bring them back. Its all nonsense. Like fools our young boys fight the wars and these Mir Zafars hand over everything back... Its all rotton from top to bottom...
Kisko karen Shikayat, Kiski den duahi
Chor hai Daroga, aur chor hai sipahi
Iss mulka bas KHuda hi hafiz hai....agar wo bhi kahin hai to... I have never felt so sad in my entire life..
RK^2
I don't recall a single case where Justice is delivered. Shame on investigation methodologies used by different investigative agencies. Majority of criminals got acquitted because of lack of material evidences and witnesses.
It doesn't make sense by beating a bush to extradite Anderson to India. We need Dow Chemicals to be accountable to clear that mess now. Tonnes of toxic is still lying there.
We need to fix accountability but these blood sucking parasites want us to argue about Anderson. Media houses want to create hype against American MNCs so that they can extort money from them eventually. You can expect some sting operations by Aaj Tak against Pepsi or Coke.
Agree completely with you. There is no point in wasting resources on trying to bring Anderson back to India. He is already 90 years old and it will take another decade to convict him. Moreover US will never allow its citizen to be deported.
The need of hour is to find out the persons who let him board the state plane to Delhi and fly back to US. I think the buck stops at Arjun Singh, then CM of MP. He is a bigger culprit who should be brought to justice so that no more Andersons can escape justice in future. But the govt is never going to accept its responsibility and do that as these govts never acts against politicians. What is stopping current BJP govt to lodge cases against Arjun Singh and others for aiding an accuse to flee the country.
the verdict has set an unhealthy precedent for the way in which big foreign companies setting up industries in the country operate, with little or no accountability. this gives us serious food for thought to revisit the entire "nuclear liability bill", or else we can expect more warren andersons. i was stunned to learn that at present there is no law to award compensation in the event of a nuclear accident... nd we talk big.
one good thing that will emerge out of this verdict will be the need nd demand to set a legislation for civil nd criminal liability, so that the issue is looked after in totality while proceeding with the nuclear liability bill.
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