On the night of December 2-3 1984, 40 tons of Methyl Isocyanate (MIC) and other deadly gases spewed from Union Carbide Corporation's (UCC) factory in Bhopal, India. The safety sirens were turned off so no one was warned of the impending massacre. Several thousands died that night and in the years since. In all an estimated 20,000 lives have been lost. But why bring this up 18 years since? Has not justice been done? Did Union Carbide not pay massive amounts of damages - $470 million – as directed by the Supreme Court of India? Should we not close this issue now?

In fact a number of issues remain – at least for those who were directly affected by the tragedy. For one, various civic action groups claim that the gas leakage was a result of negligence while Union Carbide has claimed that it was sabotage. While there is no direct way for us to ascertain the claims, some circumstantial evidence does point against Union Carbide’s arguments. Union Carbide plants have had regular mishaps. Right after the Bhopal tragedy, a plant in US developed a leak though prompt action prevented any serious mishap. As late as October 19, 2000, United Press reported that a plant on the outskirts of Sri Lanka’s capital city, Colombo, developed a leak and had to be closed down. In addition, the site of Bhopal’s plant is heavily contaminated. Former workers from the factory have reported that as much as 500 tons of highly toxic substances such as ortho-dichlorobenzene, carbon tetrachloride, mercury and alpha naphthol were systematically dumped in the grounds within the factory premises. As a result, the ground water around the factory site is even today heavily contaminated. Water samples from adjacent community wells, tested at the Citizens Environmental Lab, Boston, showed high levels of these contaminants. In addition, there have been incidents of hazardous fires at these dumping sites. Even today, that site is labeled as one the most chemically toxic sites in the world.

Union Carbide has up till today refused to divulge the chemical composition of the gas claiming it would affect its intellectual property position. Right after the accident, medical personnel treating victims had no idea of what gases they should be treating for. Even today, there is no systematic treatment to survivors since there is only speculation as to what the gases might have been and how they might affect the victims. Even today people are affected. Women who were born then or were infants at that time have had serious damage to their reproductive systems. The disaster has affected generations through persistent illnesses and birth defects, and still polluted groundwater and soils.
A large number of young women experience 2 or 3 menstrual cycles every month. Some don’t experience any.

While $470 million might seem like a large amount, it has not adequately compensated the victims. While this amount was to pay for 5 years of medical expenses of victims (starting 1989), the medical problems of the victims have not disappeared in 5 years. With 20,000 dead and counting, 120,000 still in desperate need for medical attention and more than 5000 families drinking toxic contaminated water, the compensation amounts to a total of about $3000 to every victim. Even the Indian Railways pays greater compensation to victims of accidents. No money has been set aside for the toxic clean up.

Yet, on December 1, 2000, The Chief Minister of that state, Mr. Digvijay Singh, announced that the department of gas relief had outlived its utility ‘since the city’s residents are no longer suffering from the after effects of the Bhopal gas disaster”. The central government also wanted to drop charges against the then CEO of Union Carbide – Warren Anderson (who has till recently been absconding) – on grounds of his deteriorating health. The courts interceded and his arrest warrant remains valid. Justice has not been easily forthcoming for the victims of Bhopal.

A class action suit filed on November 15, 1999 against Warren Anderson and Union Carbide in the Federal District Court of New York via the Alien Tort Claims Act, has forced the issue to be addressed in the United States. In March 8, 2000, Warren Anderson, a proclaimed absconder for 8 years, presented himself to the US judiciary. Though the court initially dismissed the suit, an appeal still stands before the Sessions Circuit Court of Appeals.

Ever since the tragedy, Union Carbide has sought to change its identity in different ways. Union Carbide India Limited, became Eveready Industries India Limited. Union Carbide Easter, Hong Kong, a wholly owned subsidiary of Union Carbide, deregistered itself in 1992 and then renamed itself as Union Carbide Asia. While Union Carbide sold off all its holdings in India (partly to Praxair Co.) the senior management of Praxair comprises of the same people who formed the management of Union Carbide India Limited that fateful night. Now, Union Carbide itself has merged with Dow. It is usual practice that in the event of a merger, all liabilities are transferred to the new entity. However, Dow refuses to accept the liabilities of Union Carbide. In fact, a case has been filed on behalf of Dow shareholders against Dow, alleging that it failed to disclose its exposure to liabilities from Union Carbide before the merger. Dow management in India has resisted meeting with the representatives of the victims.

Hundreds of people protesting for the rights of Bhopal victims rallied at the Dow Shareholders meeting in Michigan this year. Some representatives of the victims were eventually granted time to speak with the CEO and the shareholders. Survivors’ organizations and support groups now demand that Dow clean up the toxic contaminants in Bhopal’s plant site. It is also demanding that Dow not market ‘Dursban’ which was withdrawn from US markets two years ago. Satinath Sarangi, a representative of the victims of Bhopal, says “here is a brain damaging chemical invented by the Nazis that Dow is proffering as a household insecticide”.

Even as this struggle continues, what is most bothersome is the callousness that still pervades. Safety standards of chemical companies outside USA and Europe are dismal. And often these are the same companies that ensure high safety standards in their home countries. While another Bhopal has not happened, smaller amounts of toxic dumping continue and large populations of the world are exposed to highly toxic chemical through the water they drink and air they breathe. It is important for us – as global citizens and as consumers – to recognize this and penalize companies that participate in such policies of double standards.

---Sanat Mohanty has a background in Chemical Engineering