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August 13, 2008
GoI Takes Action on Bhopalis Request

172 days of 'Walk Your Talk' campaign begun by Bhopalis affected by Union Carbide's accident (and the continuing mess within the plant site) on February 20th, 2008 finally yielded results with Ram Vilas Paswan, Minister of Chemicals, Fertilizers and Steel making a statement that action would be taken.

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The Campaign
Since February 20th 2008, people from Bhopal siting continuing impact from the chemical mess at the Union Carbide plant side and demanding action by the government have been campaigning that the government must do justice. With the campaign including a long 38 day walk to Delhi, a 73 day Dharna at the Parliament (where they were physically abused by police a few times) and with global support , the demands were as follows:
1. Set up a Special Commission on Bhopal for the next 30 years to address the following issues affecting people (and their children) exposed to Union Carbide's poisons. The Bhopal Commission must have survivors' representatives and the necessary funds and authority to carry out its tasks.
a)Medical Care Research and Monitoring <
b) Social and Economic Rehabilitation
c) Environmental Remediation
d) Safe Drinking Water

2. Take legal action against Dow
a) Pursue the Ministry of Chemicals' application in the MP High Court seeking money from Dow Chemical for toxic clean up in Bhopal
b) Move for extradition of the authorized representative of Union Carbide Corporation and prime accused Warren Anderson
c) Revoke approval given to Reliance Industries for purchase of Union Carbide's Unipol technology, which is intellectual property that must be confiscated as Union Carbide has been absconding since 1992
d) Cancel registration for all four pesticides, including Dursban, obtained by bribing Agriculture Ministry officials as established by the Securities & Exchange Commission, USA

Government Action
Finally, the Government of India made a statement through Ram Vilas Paswan. The statement said:

The Group of Ministers (GoM) constituted to oversee the matters related to Bhopal Gas Leak Disaster, in its meeting held on 11th June, 2008, had taken certain important decisions. Based on these decisions, the following action has been/is being taken by the Government.

(i) Plan of Action for rehabilitation if Bhopal Gas Victims

The government of M.P. has submitted a Memorandum on the Plan of Action for the rehabilitation of the gas victims and their families, with estimates amounting to Rs. 982.75 crore. The Department of C&PC has forwarded the Action Plan to the Planning Commission for their comments and would thereafter be placed before the GoM, for further necessary action.

(ii) Declaration of remaining 20 wards of Bhopal as ' gas affected'

The request of the Govt. of M.P. for declaring the remaining 20 wards of Bhopal as Gas affected was not agreed to by the GoM. However, the GoM decided that the Government of M.P. may take an appropriate decision to allow free treatment and availability of medicines to the people of the 20 unaffected wards, in the Government Hospitals, without prejudice to the benefits and entitlements of the recognized gas victims in 36 'gas affected' wards.

(iii) Setting up of an Empowered Commission for rehabilitation of Bhopal Gas Victims:

The Gom decided that the Department of C&PC would prepare a Draft Proposal on the Terms of Reference , modalities, functions, powers, headquarters and other related requirements for setting up of the proposed Empowered Commission. A draft Resolution/ Executive Order, after approval of the Minister of C&F and S and the Chairman of the GoM, has been circulated to the Ministries/ Departments concerned of the Government of India and the Government of M.P., for comments/ views.

(iv) Continuation of Medical Research by ICMR

The ICMR should resume the research work which was stopped in the year 1994 and give its recommendations for the right line of treatment for different medical problems faced by the gas victims and their families. the Department of Health Research, Ministry of Health and Family Welfare, has been requested to take further necessary action.

(v) Application of the Deptt. of C&PC filed in the High Court of M.P. in W.P. No. 2802 of 2004 (Alok Pratap Singh vs Union of India & Others)

The Department of C&PC would not withdraw its application filed in the High Court of Madhya Pradesh requesting the Court to direct Respondents No. 4 to 6, in the P.I.L filed in W.P. No. 2802 of 2004, to deposit Rs. 100 crore as advance for environmental remediation of the former UCIL plant site at Bhopal. The outcome of the matter pending before the High Court of Madhya Pradesh may be awaited in this regard.

(vi) Offer of Sh. Ratan Tata to set up Site Remediation Fund to clean UCIL Plant site

The offer of Shri Ratan Tata is not acceptable in its current form as it is a conditional offer to absolve Dow Chemicals Company from the liability for environmental remediation of the former UCIL plant site at Bhopal

(vii) Extradition of Warren Anderson

The legal pursuit for the extradition of Warren Anderson may be expediated by the MEA with the US Authorities

(viii) Cancellation of Registration of Pesticides of Dow obtained by payment of bribes

The CBI has been directed to expediate its report on the investigations into the alleged payment of bribes to the officials of Ministry of Agriculture by Dow for obtaining the registration of four pesticides, including Dursban

(ix) Environmental Remediation of the Former UCIL Plant site at Bhopal

The Government of India and the Government of M.P. may go ahead with the implimentation of the Roadmap for the environmental remediation of the former UCIL Plant site at Bhopal

(x) Review of approval of FTC between Reliance and Dow Global Technologies Inc.

As the representative of the concerned Ministry was not present for the meeting of the GoM, therefore, the views of the Minsitry were not available for the GoM to take a holistic view in the matter related to approval of FTC. The GoM deferred a decision on the issue.

 

Analysis
Broadly, the statement by the government of India lays down some clear plans going forward and supports the request of this campaign and the affected people of Bhopal. Some sections are well defined and makes clear policy statements - these include the willingness to hold Dow responsible by declining Ratan Tata's suggestion that Dow be absolved of its liabilities with regards to the plant site as well as follow up on charges that Dow paid bribes to get registration of certain pesticides. It also is commendable that the government has requested re-initiation of research on the physiological impact of the gases and an environmental roadmap to address remediation of the site. 

While such direction is welcome, its implementation will perhaps take much longer. The order to begin processes for extradition of Mr Anderson is also perhaps rhetoric - given the advanced age of the individual and the bureaucracy of two governments, it is improbable.

In addition, the government should have allowed for release of 100cr as advance for remdiation as requested by the PIL as well as monies requested by MP government for rehabilitation. These would have been significant in easing the pains of thousands who continue to suffer and for the delay in justice.  

It is also unfortunate that the government has decided against declaring 20 other wards as 'gas affected'. This would have helped provide rehabilitation and medical aid to communities. By leaving it to the state government, the GoI allows for the program to be implemented based on the favors and whims of the state government.

Despite this critique, the announcement was a significatn shot in the arm for the campaign for justice in Bhopal and must be lauded. In the past this column has criticized the government's intransigence and unwillingness to listen to the disenfranchized in India. While that critique continues, in this instance we congratulate the government for listening. But most of all, hats off to the Bhopal communities that have continued to fight for justice for a crime that is 24 years old.  

 

 

Posted by collective at August 13, 2008 10:38 AM
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