The record settlement of $18.7 billion that the oil company
BP has arrived at in the Deepwater Horizon environmental
disaster case in the United States has naturally revived the
debate on the denial of justice to the victims of a far bigger
catastrophe — the Bhopal gas leak. As industrial accidents
go, the blowout in BP’s well in the Gulf of Mexico in 2010
was staggering, killing 11 people and spectacularly devastating
an already stressed marine ecosystem with millions
of barrels of oil. Five State governments and the federal
government of the U.S. have been vigorously pursuing
penalties and compensation claims with the company,
resulting in the settlement. Yet, the impact of the oil spill
pales in comparison with the magnitude of what happened
at the Union Carbide plant in Bhopal in 1984. The Narendra
Modi government blandly told Parliament recently
that the Office of the Welfare Commissioner had
recorded 22,151 casualties in the gas leak under the death
category, but after scrutiny of documents, medical records,
affidavits and so on, only 5,474 deaths were acknowledged,
while 6,809 claims were rejected and the rest were treated
as cases of disability or injury. Independent accounts,
however, have maintained that there are medical professionals
on record who certified 10,000 deaths soon after
the gas leak. What contrasts the BP settlement with the
Bhopal case is the role of the state and its readiness to
pursue justice for citizens and remediation for the environment,
with demonstrably errant commercial entities.
The egregious neglect in securing compensation for the
victims of Bhopal, who continue to suffer, is evident from
the fact that the original settlement of $470 million for
tens of thousands of people absolved the Union Carbide
Corporation of all future liabilities. The Centre, which
adopted a paternalistic position on the issue and assumed
responsibility for all victims, now says Rs.1,548 crore
(about $258 million) has been awarded as original compensation
in about half a million cases, a similar sum as pro
rata compensation, and ex-gratia payments of about $100
million for medical treatment. On the ground, some victims
say they have received as little as Rs.35,000. Medical
facilities are grossly inadequate, and the Centre has brazenly
neglected a festering problem: the site of the leak
with some 350 tonnes of chemical around has not been
cleaned up. Under the U.S. settlement, individual claims
can still be pursued. Regardless of whether it represents
the best model to address industrial accidents — often
caused by short-sighted cost-cutting steps to boost profits
— the Deepwater Horizon outcome has some pointers to
advance the cause of Bhopal’s long-suffering victims. Dow
Chemical, which assumed Union Carbide Corporation assets,
reported rising earnings last year and cannot evade its
liabilities. The Centre and the Supreme Court should ensure
that justice is done for the hapless families of Bhopal.
A question
of justice
It has always been a struggle for victims and their families to
get rightly compensated after a natural disaster or an accident
such as the Bhopal Gas Tragedy. Why do you think this apathy
persists in India. Do you have suggestions to make compensation
process quick and hassle-free. Write to school@thehindu.co.in
with the subject: Compensation
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