1984: the Dow story

The Union Carbide Bhopal gas leak of December 3, 1984, was the largest industrial disaster in terms of its human costs. Between 40,000 and 50,000 people died due to the tragedy, and another 40,000 to 600,000 reportedly suffered adverse health consequences since.

It is of course likely that many more have been affected than show up in the statistics. Those affected may be completely, moderately or marginally disabled. Others may have ill-health that is non-disabling, but causes suffering nevertheless. There’s little doubt that UC and its managers have a lot to answer for, and there’s little doubt that many have got away quite easily. The burden of someone else’s mistake, greed, and ineptitude is being borne by a population that had no say in the matter.

But the governments at the national, state and local level have to also take the blame. Indeed, if blame is to be assigned, there are layers within layers. And like an onion, every layer stinks. But of all to blame and those who should pay for, Dow Chemicals, which purchased UC in 2001, is the least culpable.

First, our industrial pollution regime did not prevent the manufacture/storage of a large amount of patently hazardous material right in the centre of a densely populated area. The Centre did little to provide an enforceable regime. Our famous inspectors at the state level didn’t perceive the potential for such disaster in the plant. The state Government never even asked UC to relocate to a safer environment. And the Bhopal local government had no idea how to cope with disasters.

Second, after the event occurred, again big mistakes were made. The Bhopal Gas Leak Act of 1985 ensured that individual action against UC was not possible and only the Central government could deal with the matter. This could have been a positive development, had it the ability to fight adequately for compensation/relief and provide it. That ability, and perhaps even intention, was missing. Under the aegis of a Supreme Court judgment, it gave up all claims (civil and criminal) in return for $470 million in 1989. Later, in 2001, the Court re-introduced the possibility of criminal claims.

Most, including this writer, believe the 1989 decision of the Centre was stupid. For one, the $470 million figure was derived on the basis of a head count of those who would suffer adverse health consequences of the leak. The problem is, no one can adequately predict them. It is extremely difficult to differentiate a particular ill-health episode caused by the leak, catalysed by it, or totally independent of it. And this is more so in the case of a chemical that has multiple ill-health outcomes. Consequently, one cannot provide either health care or compensation relief to the identified few, but to all who exhibit such symptoms.

... contd.

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