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November 19, 2008
The cursed children of Bhopal
Andrew Buncombe, The Independent, 19 November, 2008
A girl born deaf. A young man with severe diabetes. They were not even alive when a deadly cloud of chemicals escaped from the Union Carbide plant. But the suffering goes on.
Wednesday, 19 November 2008

Three years after the accident Mrs Ahirwar gave birth to a son, Jagdish, who suffers from severe diabetes and stunted development. Though he is 21, Jagdish looks like he is six or seven
She has no proof. She cannot know for sure. But when Niello Far's daughter was born deaf, she immediately suspected what might have been the cause. "Everybody believes it was the gas. Others have told me it is because of the gas," said the young mother, making sign language to her four-year-old, Zoba. "The doctor has told me that it may be, that it might be the gas."
When people in Bhopal talk of the gas they are referring to the 40 tonnes of toxic chemicals that poured into the sky from an insecticide factory in the early hours of 3 December 1984, wreaking deadly havoc.
Up to 8,000 people died in the immediate aftermath, perhaps two and half times that in the subsequent months. But now, almost a quarter-century after the world's worst industrial accident, campaigners are fighting to help a "second generation" of suffering Bhopalis who they say are victims of contaminated water and political and corporate neglect.
Earlier this month, in what campaigners say could be a breakthrough, a court in New York ruled that a claim seeking damages against a US chemicals giant should be allowed to proceed. "It is significant," said Richard Lewis, a lawyer. "We are back in court. We are preparing to go to trial. That is our goal."
It's hard to miss the site of the now-shuttered plant where the US company Union Carbide Corporation (UCC) produced an insecticide sold under the brand name Sevin. Located in the heart of Bhopal, in Madhya Pradesh, the plant is surrounded by a wall covered in graffiti that demands compensation for those who suffered.
The 11 acres may now be largely given over to birds and grazing cattle but, remarkably, the site has still not been properly cleaned up. A locked warehouse contains 340 tonnes of toxic waste gathered from the site and held in leaking drums and sacks. This waste was only collected from among the rusting plant equipment in 2005.
On a recent morning, clasping a permission slip from the local magistrate, The Independent was escorted around the site by a police officer. With birds chirping, the officer pushed the way past overgrown bushes to the tanks that once stored the toxic gases. Even now, the floor beneath the rusting equipment is littered with small pellets of some sort of chemical, presumably used in the production of the insecticide.
The road led past street lamps now lost to undergrowth and a rusting flare tower, designed to burn off any escaping gases but which failed to work on the night of the disaster. Like the rest of the site it stands here as a constant, taunting reminder.
To the north, just beyond the wall and next to a densely populated shanty town, are two solar evaporation ponds into which the site's industrial waste was pumped. The ponds look dark, dead and unforgiving, and campaigners say they leak, allowing poisons to contaminate the ground water. When the monsoon rains come, the ponds flood the shanties with their toxic filth. "Namak pani," said one man, pointing towards the ponds. Salt water.
It was five past midnight when more than 40 tonnes of toxic gas, including methyl isocyanate and hydrogen cyanide, poured into the atmosphere after water somehow entered a holding tank and triggered a violent reaction. Even now, the full details of what caused the accident are not entirely known, but corrosion and lack of maintenance appear to have been factors. Certainly, the plant lacked an adequate plan for dealing with disasters.
That night, the wind was blowing in a southerly direction and it was the people living in the impoverished communities close to the plant that suffered most. Thousands died in their sleep, while at the nearby hospital the piles of corpses quickly grew. Mass graves and cremations were ordered to stop the spread of disease.
"We were inside the house. I could see there was something in the air. I had problems breathing and my husband's eyes were watering," said Lilabai Ahirwar, who lives in a two-room home near the site. "Then my eyes were watering too. We just covered ourselves with the blanket. The next morning we got out from under the blanket and heard that it was gas. There were piles of dead bodies everywhere."
Three years after the accident Mrs Ahirwar gave birth to a son, Jagdish, who suffers from severe diabetes and stunted development. Though he is 21, Jagdish looks like he is six or seven. Again she has no proof, but like Mrs Far, Mrs Ahirwar suspects the industrial accident is to blame. "I feel it is because of the gas," she said.
One of Bhopal's enduring problems is that no comprehensive study has been carried out into the after-effects of the gas or subsequent contamination of drinking water. However, tests carried out by Greenpeace in 1999 discovered high concentrations of carcinogens and heavy metals around the plant. Local tube wells were found to have been polluted.
Meanwhile, a survey carried out in 2003 by the Sambhavan Clinic, a charity-run hospital operating in the worst-affected part of the city, found that 91 per cent of people relied on drinking water from contaminated pumps. Half of those surveyed complained of multiple health problems, predominantly breathing difficulties, anaemia, headaches, giddiness and vomiting. The clinic also detected a higher than average number of birth defects.
One of the patients at the clinic is Rajesh Thakur, 36. Mr Thakur was a child when the accident happened. He remembers fleeing with his family to the local lake, where people used the water to wash off the gas. His eyes stung and he felt giddy, something that continued as he got older.
Three years ago, after a day during which he felt particularly ill, Mr Thakur awoke to discover he could not walk. He was diagnosed as having high blood pressure, something his doctor at the clinic, Mali Mrithunjay, is convinced is linked directly to the gas. "I believe the gas caused the high blood pressure, and that caused the paralysis. He is a severe case of gas victim," said Dr Mrithunjay "Every day I see around 50 patients. Many have skin problems, neuro-muscular disorders, disabilities."
Campaigners say Bhopal's tragedy is not simply an event in the past but something that is ongoing. Confronted by what they say is political apathy and corporate negligence, thousands of people are continuing to suffer from a disaster that happened 24 years ago. "It's the usual thing with environmental justice," said Satinath Sarangi, who heads the clinic. "If you are poor, low caste, Muslim, then you are more likely to be a victim of industrial pollution."
Then who is to blame for this shocking state of affairs, for the failure to clean up the polluted site, for the failure to provide safe drinking water to the people of Bhopal?
Having paid $470m (£313m) in "full and final" settlement in 1989 as part of a deal brokered by the Indian government, UCC returned the leased plant site to the state government in 1998. Why the company was allowed to return a site that remained contaminated with toxic waste is unclear.
Then in 2001, UCC was taken over by the Dow Chemical Company. Dow, based in Michigan, has resisted claims for further compensation and demands that it should help clean up the site. Campaigners claim that Indian authorities at all levels are afraid of scaring off foreign investors and point to a 2006 letter, written by Dow's chief executive to the Indian ambassador in Washington seeking an assurance that the company would not be pursued. It is to their mutual benefit, the letter says, to establish "the appropriate investment climate".
Scott Wheeler, a Dow spokesman, insisted the company had not inherited the responsibilities of UCC. "[We] never owned or operated the former Bhopal plant site and this situation is not Dow's responsibility, accountability, or liability to bear. As there was never any ownership, there is no responsibility and no liability – for the Bhopal tragedy or its aftermath," he said.
The local government says it is looking to have the waste taken to the neighbouring state of Gujarat for incineration. "There is just a little poison left there because [most has been washed away by] the heavy rains," claimed Babulal Gaur, the minister in charge of relief and rehabilitation. Asked why things had taken so long, he said the matter had been tied up in the courts. He claimed the state was providing compensation and clean water to those affected. Asked whether Dow should clean up the site, he said: "They are not good people... We will clean it up. We will build a museum to show the world what happened."
At the clinic run by the Chingari Trust where Niello Far plays with her daughter, a little girl unable to hear her mother's voice, there is no need for any such museum. Champa Devi Shukla, herself a gas survivor and now a trustee, said 154 children were registered. They have a range of physical and mental disabilities. "We blame this on the contamination of the water," she said, as the children played together. "They have had to drink the contaminated water. This is causing the problem – mainly for the second generation."
COMMENTS...
I was a chemical engineer in Union Carbide although I had nothing to do with the Bhopal Plant but was involved in developing markets for the pesticide Sevin during its introduction to India. I am aware of much that went on in constructing the first phase of the plant and plans for the subsequent phase. I had left Carbide and joined my wife in London when the accident occurred. If the US courts which were first approached by survivors had not listened to Mr.Nani Palkhiwala, India most brilliant lawyer that the Indian Courts would render adequate justice, this problem of clean up and human responsibilities would long have been solved. After moving the cases to the Indian courts, the compensation due from Union Carbide was 'artificially' fixed through political maneuvering. The presiding Justice was nominated by India for an opening at the world Court and so accepted (surprisingly Pakistan had the appointing option earlier to India but here again political interchanges surfaced.
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Posted by Pom | 20.11.08, 18:21 GMT
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This is the way it is all over the world. Corporations and governments are largely based on greed and inhumanity.
Had this occurred in the US, there would have been only marginal difference. The General Electric Company is still fighting against cleaning up toxic waste dumps after 30 years. More than 60,000 families affected by Hurricane Katrina are living in trailers that were manufactured with toxic levels of formaldehyde, while the manufacturer and the Federal Emergency Management Agency ignore the problem.
Therefore, the solutions to these tragedies lie in the prayers and actions of those of us who do care, to hold these agencies accountable, to vote such politicians outs, to sacrifice our own comforts to send aid or to go and help. The biggest gains in the Hurricane Katrina area have been made by groups of people getting together to help rebuild.
The legal process and media campaigns are often effective, but very slow. Can donations be made to a company for cleanup?
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Posted by Judith | 20.11.08, 13:30 GMT
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The tragedy of Bhopal has been continuing now for almost a quarter of a century. If this would have occured in US instead of India, if the 8000 people who died in the immediate aftermath and 20 000 in the following months would have been US citizens I doubt that it would have been ignored and shoved under the "legal technicalities" carpet and "it´s not our responsibility" Dow corporation attitude. When in 2001 the Twin towers collapsed in which up to 3000 people have died, there was a world outcry. Memorial has been made to the victims, world leaders have send their sympathy letters with the " world will never forget".What is the difference in human death?There can be no comparison in people´s suffering and dying. The sheer numbers of innocent victims that died in Bhopal because of corporate greed,irresponsibility, neglect and indifference coupled with political inaction has resulted in an unforgivable continuation of suffering for the new generation in Bhopal Justice is needed
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Posted by anoushka | 20.11.08, 01:32 GMT
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If my doggy poops in public and I don't clean it up I get punished with a fee of 30 Euro.
But then again - I am no corporation and the victims of Bhopal are not Americans!
Why are this sort of racists crimes against humanity not brought to the International Court in Den Haag?
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Posted by napomo | 19.11.08, 16:25 GMT
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The suffering and injustice of Bhopal is epic, but less well known is the spirit of resistance against despair within the affected people. The Sambhavna clinic, many of whose staff are also impacted, is the only centre to offer free, rational health care for tens of thousands of gas and contaminated water affected people. It's work is supported in the main by donations from individuals in the UK: www.bhopal.org
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Posted by Tim Edwards | 19.11.08, 15:14 GMT
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Killing 8000 people and wounded thousands more in their sleep is crime against humanity!! Till this day I cannot forget the scene of sorrows and tragedy as injured victims held my hands asking me to help and rescue them in 1992, when I was an invited member of the Peoples' Permanent Tribunal that investigated the tragedy. It is very sad to see poor and powerless people being killed and injured and not compensated by rich company, which is protected by powerful interest.
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Posted by KK Tan | 19.11.08, 08:46 GMT
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November 18, 2008
Fictitious body stings Dow
Down To Earth, November 18, 2008
Activists of the International Campaign for Justice in Bhopal played a prank at the chemical export exhibition India Chem to expose the dealings of Dow Chemicals.
The activists issued an advertisement in the brochures of the exhibition in the name of Clean Chemistry Council, a fictitious European public relations firm, offering consultancy to corporations for improving their public image and evading legal liabilities “without changing the way they carried on their business”.
Within the ad, the founder of the Clean Chemistry Council advised corporations to avoid taking part in any form of charity not directly linked to business gain. It cited Dow Chemical as a pioneer in this respect.
According to the ad, Dow’s donation of Rs 1 crore to the Bhagwan Mahaveer Viklang Sahayata Samiti of Jaipur is ostensibly meant to supply artificial feet to amputees.
The ad says the donation stymied activists seeking justice for Bhopal gas victims—Dow acquired Union Carbide, the company responsible for the Bhopal gas tragedy. “For every child crippled by Carbide’s poison, there was an amputee benefiting from its profits,” the ad said.
But the donation was not without strings. The artificial feet invented by P K Sethi were originally made of vulcanized rubber but Dow Chemical has substituted the construction material with polyurethane, one of its major products.
The ad sa id by introducing product substitution, Dow Chemical aims to capture the market for artificial feet for 1.25 million amputees in India.
Posted by tim at 11:03 PM | Comments (0)
November 04, 2008
US court reinstates Bhopal victims’ case against Union Carbide
New York, Nov 4 (IANS) A New York court has reinstated a case filed against Union Carbide by residents of India’s Bhopal town who claim to have suffered serious health problems due to a gas leak from the company’s plant in 1984, rated the world’s worst industrial disaster. On the night of Dec 2-3, 1984, a Union Carbide pesticide plant in the central Indian town of Bhopal spewed tonnes of poisonous methyl isocyanate gas, killing some 3,000 people instantly and many more later.
The lawsuit was filed in 2004 by a group of people who live in the vicinity of the pesticide plant in Bhopal. They claim they suffered serious health problems due to soil and water contamination in the area by the leakage of toxic gas from the plant run by Union Carbide.
The case was previously dismissed by a trial court in 2006 and 2007. Reinstating the case, the US Second Circuit Court of Appeals (Manhattan) Monday said the lower courts did not give the plaintiff enough notice to respond to Union Carbide’s bid to dismiss the case.
“We view this as a close case,” US Circuit Judge Robert D. Sack said. “But we think there is a reasonable likelihood that, in light of the peculiarly difficult procedural history of this and related litigation, the plaintiffs were not aware that they were in danger of an adverse grant of summary judgment based on the submissions prior to the district court’s order converting the motion and then deciding it.”
Welcoming the court’s decision, H. Rajan Sharma, the attorney representing the Bhopal gas victims, said the judgment would enable them to conduct a detailed study on the role of the Union Carbide in the contamination of groundwater in Bhopal.
Sharma said the lawsuit is seeking cleanup, monitoring, and damages for personal injury caused to about 20,000 individuals along with property damages. The company, now owned by Dow Chemicals, had paid a compensation of $470 million in 1989.
In a statement, Union Carbide claimed Monday’s judgment should not be interpreted as a ruling on the merits of the case and said the claims would be ultimately dismissed.
“The Second Circuit did not discuss the merits of the case or the merits of the trial judge’s ruling of dismissal and its decision should not be interpreted as a ruling on the merits,” the statement said.
Posted by tim at 05:24 PM | Comments (0)
November 03, 2008
U.S. court reinstates Bhopal water pollution case
Martha Graybow, Reuters, November 3, 2008
NEW YORK (Reuters) - A lawsuit contending that thousands of people in India were exposed to polluted drinking water after the 1984 Union Carbide toxic-gas disaster in Bhopal was reinstated on Monday by a U.S. appeals court, which said a lower court improperly threw out the case.
The U.S. Court of Appeals for the Second Circuit in New York sent the lawsuit back to a Manhattan federal court judge for further proceedings.
A three-judge panel of the appeals court found that the lower court had erred by granting the defendants' request for summary judgment in the case before giving the plaintiffs the opportunity to gain access to certain pretrial documents and other information they had sought.
A December 1984 gas leak at the Union Carbide Corp pesticide plant in central India -- the world's worst industrial disaster -- killed an estimated 3,800 people who inhaled toxic fumes, according to figures from the Indian government. Many more have died from gas-related illnesses.
Union Carbide, now owned by Dow Chemical Co, paid $470 million in compensation in 1989. Union Carbide, along with former chief executive Warren Anderson, are defendants in the water pollution lawsuit.
The lawsuit was brought on behalf of people who lived or worked near the Bhopal plant who say they suffered ailments including cancer and neurological damage caused by contaminated groundwater. The legal claims were first brought in 1999 after a study by environmental group Greenpeace found widespread water contamination in the area, said Richard Lewis, one of the lawyers for the plaintiffs.
"We've waited since 1999 to get our day in court and we look forward to proceeding," Lewis, of law firm Cohen Milstein Hausfeld & Toll, said on Monday.
Union Carbide said that the appeals court ruling was based on a procedural issue -- not the merits of the case -- and that it believed the claims would ultimately be dismissed.
"The Second Circuit did not discuss the merits of the case or the merits of the trial judge's ruling of dismissal, and its decision should not be interpreted as a ruling on the merits," said Union Carbide spokesman Tomm Sprick. He said the trial judge "has consistently ruled to dismiss claims" against the defendants as the issues have come before him.
In its ruling, the appeals court said the lower court judge, U.S. District Judge John Keenan, had erred by converting a motion to dismiss by the defendants into a motion for summary judgment -- which closed the case.
By doing that, "we conclude that the district court did not give the plaintiffs sufficient notice to allow them adequately to respond to the converted summary judgment motion," the ruling said.
The lawsuit is seeking class-action status and unspecified monetary damages. The plaintiffs contend there are potentially thousands of people in Bhopal who have suffered injuries linked to the polluted water.
Posted by tim at 05:02 PM | Comments (0)
Dow Unit Must Defend Bhopal Claims, Court Rules
David Glovin, Bloomberg.com, November 3, 2008
A lawsuit against Dow Chemical Co.'s Union Carbide stemming from the fatal 1984 chemical leak in Bhopal, India, was reinstated today by a U.S. appeals court.
The U.S. Court of Appeals in New York reinstated claims dismissed by a trial judge in 2006 and 2007 against the unit of Midland, Michigan-based Dow Chemical, the largest U.S. chemical maker. The appeals court said the judge didn't give the plaintiffs enough notice to respond to a dismissal bid by the company.
The suit was brought on behalf of people injured after the world's worst industrial accident, which killed thousands. H. Rajan Sharma, a lawyer representing the plaintiffs, said the decision will enable the plaintiffs to conduct discovery to determine Union Carbide's role in groundwater contamination from an abandoned chemical facility in Bhopal.
``We're seeking cleanup, monitoring, and damages for personal injury to at least 20,000 individuals, and property damage,'' Sharma said in an interview.
Union Carbide estimated that 3,800 people died from the gas leak. Amnesty International, a human rights group, commissioned a study that showed 7,000 died within days of the leak, and that another 15,000 have since died from exposure to the gas. Dow Chemical paid $12 billion to acquire Union Carbide.
``The Second Circuit didn't discuss the merits of the case or the merits of the trial judge's ruling of dismissal,'' Tomm Sprick, a Union Carbide spokesman, said today in a phone interview. ``It is our belief that the trial judge will follow the Second Circuit's direction to allow additional proceedings.''
Warren Anderson
The suit, which also names former Union Carbide Chairman Warren Anderson, follows years of litigation. The lower court judge dismissed both an earlier lawsuit and this one. The appeals court ruled that U.S. District Judge John Keenan in New York didn't give the plaintiffs enough notice before he entertained and granted Union Carbide's dismissal bid.
The suit by Janki Bai Sahu seeks class-action, or group, status on behalf of others harmed by the water contamination.
Sharma said the plaintiffs will get to review internal Union Carbide documents and question officials before answering to the company's dismissal request.
The case is Sahu v. Union Carbide, 06-5694, U.S. 2nd Circuit Court of Appeals (Manhattan).
To contact the reporter on this story: David Glovin in Manhattan federal court at dglovin@bloomberg.net
Posted by tim at 04:57 PM | Comments (0)