BHOPAL GAS TRAGEDY: SYSTEMIC FAILURE AND COLLECTIVE SHAME

All of us seem to be expressing anguish and surprise over the Bhopal gas tragedy verdict. This is an indication of how we’ve got enamoured with events and individuals and given the go by to the processes. If anyone had bothered to follow the case it was clear from the sections eventually applied that the present judgment is the maximum punishment possible. Similarly, our fixation with the individuals has meant that whereas we haven’t managed to get our hands on Anderson, Union Carbide has slipped back in the country in the garb of Dow chemicals.

At this point in time it is a story of shifting blames and shirking responsibilities. Political parties are blaming each other, judiciary is castigating the investigating agencies; activists are blaming both, corporate world is hiding behind silence and media is blaming everyone but itself. All in all, an average person can draw the inference that it is a systemic failure and collective shame. Though this view is largely accurate and mostly correct, it would be even more so if it is contexualised with the circumstances and related to that point in time.

To begin with polity, the alacrity with which the Central and state governments cooperated to leave Anderson was due to the fact that the same party was in power at both places. Besides, India was not an emerging power as it is today and relatively US was even stronger. Most importantly, Anderson was not forced to come to India after the tragedy on 7th Dec, he had come on his own; many believe that there was a tacit understanding that he would not be arrested. In this light, it is hardly surprising that he was let off by the influence of informal channels. Giving bail and providing the state plane are minor details. Furthermore, as following years have shown, both the major parties are on the same page in their approach towards America and its multinationals. It is obvious given the fact that our two major national parties have no major disagreements in their economic and foreign policies. The hypothesis is that had BJP been in power at that point in time, it can be safely assumed that its approach wouldn’t have been much different. Of course, since the fact of the matter is that the Congress was in power at the time of the incident, it is relatively more to blame.

Coming to the judiciary and investigating agencies – upto 1987 things went all right but from then they started subverting the case till 1996 when it was finally reduced to a farce wherein the charges were reduced from culpable homicide to an accident causing death. In hindsight, it must be granted though that the judiciary can do only as much as the testimonies. Moreover, judicial activism was unheard of then. Anyone familiar with the Indian judicial system knows very well how to slow bleed a case to death by prolonging it indefinitely. To quote Mr. Madhvan Ex- Director of CBI looking in to the case till 1987 “Even if one link in the investigation chain is weak the case collapses”. It is not too difficult to weaken the links in the Indian administrative system. Also, Indian Judiciary had not much experience of cases with international ramifications. Moreover, there were no laws to deal with such disasters. Then there was the issue of the former CJI Mr. Ahmadi proposing the setting up of a trust for the victims in 1996 and becoming its lifelong Chairman a year later. Though it involves no legal conflict of interest but the perception is of impropriety. Finally , even if section 304 were applied , the maximum punishment would have been 10 years. Would that be justice? One could argue that the Indian Constitution only promises the rule of law but doesn’t guarantee justice – perhaps the time has come for a change.

Speaking of Media, it is being blamed of going hyper after the judgment. There is an element of truth in it particularly about the National media. For the past quarter of a century Bhopal slipped away from the national radar giving credence to the feeling that the national media is metro upper class centric. Electronic media cannot be blamed so much as it came only in the 1990’s and by its nature cannot be expected to have too much vigour & rigour- being focused on the here and now. Unfortunately, it was around the same time that the newspapers were getting converted from being a mission to a product what with FDI, dispensing of editors and outsourcing editorials . Thus, relatively speaking, national print media has failed the nation somewhat more. As a saving grace the regional press did a good job at the time of the accident and does carry out its yearly duty but its cumulative impact hasn’t been telling. It is a pointer for a more vibrant regional media. The stellar role in this case was played by the small newspapers which forewarned of the dangers and have persisted in keeping the issue alive ever since the incident. The role of community newspapers has been underlined by this.

Corporate houses have more or less remained silent spectators in the case. Perhaps in the globalising phase everyone wanted to be on the right side of America. Meanwhile Union Carbide tried to sneak in donning the garb of Dow chemicals when the latter bought it over sans the liabilities. It is like a Lashkar -E – Toiba or Babbar Khalsa – you ban them and they re-emerge under some other identity. To be fair , Ratan Tata did offer to clean up the site but that was as late as 2006. Moreover, none of them ever mentioned of providing succour under the corporate social responsibility.
As for the activists, the breed was almost non-existent in Bhopal till the accident occurred; there were mostly NGO’s working in the social sector. Overnight, few homegrown activists materialised and raised the issue for the initial couple of years ; thereafter, career activists have been joining the protest bandwagon. In hindsight, credit must be given to these hell raisers for keeping the issue alive; whatever little has been done is largely due to their efforts .However, they failed to build international pressure/linkages; also, by not allowing a clean up of the toxic waste they are doing a great disservice to the victims. Besides, it would be interesting to find out how they thrived and survived all these years. Spiritualists too gave it a miss – perhaps because it wasn’t a natural calamity The only bright spot in the saga is the uncommon grit exemplified in the common victims. If only the civil society had stood by them , things would be different . Instead, many unaffected persons took the compensation; touts and brokers flourished like in any other business. Since it had to do with mostly poor people of which a large portion belonged to a particular community an undercurrent of grudge and envy prevailed among many in Bhopal, leaving a bad taste. To sum, indeed every part of the system failed for which we ought to be collectively ashamed.

So what can be done now? What we need is an integrated approach covering all aspects and a holistic deal including all the layers.

The congress would do well with an apology (Just as it did in the case of Sikhs) and BJP too should admit its failures (As it tacitly accepted in Gujarat). Immediate steps should be taken to renew efforts for Anderson’s extradition – even a symbolic term in jail would go a long way in healing. Alongside, the judgment should be appealed in the higher courts; law must be enacted for accidents of mass destruction and fast track courts constituted for them. Even if the judgment at the level of Supreme court doesn’t come to the satisfactory level due to lack of legal evidence or existing laws, the parliament can always review it. On a parallel track, the gas victims can file a civil case in the American Courts. If need be activists should heighten the protests –esp. on American consulate in India; they should network with the American activists to protest there and build pressure in the US. . For correcting our own internal system, strictures need to be passed against all the pliable bureaucrats and investigating agencies. Simultaneously , all out effort should be made for further compensation in the light of courts pronouncing the company guilty Meanwhile, the corporates can go about creating a corpus fund in which, the common citizens could chip in too. Government of India had sought a $ 2 bn. compensation in 1987 and got $470 mn. To show to the world that we care for our citizens , the remaining amount should be collected on our own by corporate funds, citizens’ contribution, concerts, charity runs or whatever it takes. The money which comes in eventually in response to the demand for higher compensation can offset the current prices.
Without any further delay, cleaning of site must be taken up. DOW must be made to pay the token amount of 100 crores at least for the job (Since now the task needs at least ten times the amount); else, efforts be made to attach its properties in India and to block its expansion. In the meanwhile, spiritualists should work for the boycott of American products in non-core areas, especially where there is an Indian option available. It is a fact that even within India had the plant been near metros perhaps the compensation would be higher and the judgment may have come sooner owing to media and other pressures. Thus policy should be formulated to locate multinationals closer to metros and their hazardous plants in the remotest of areas. It’ll ensure that appropriate work ethics are followed or least damage is done in case of mishaps.

Given its symbolic value, Bhopal could be made the hub of monitoring industrial pollution countrywide. Furthermore, a memorial to the victims is needed and all the aspects documented so that previous mistakes are not repeated and all future endeavours are an improvement upon this. To sum, all is not lost; there is still a small window of opportunity for the Indian nation state to emerge more integrated and unite from this festering tragedy. The point is that the opinion on the issue is so polarised that some people are not willing to accept any thing less than Anderson’s punishment while the other pole speaks of focusing on compensation and moving on. My take is that while keeping an ear on the past we must try and obtain maximum punishment and compensation; at the same time, we must keep an eye on the future and negotiate a better nuclear bill in the light of this as also take an independent stand on the global environment issue. Only then will Bhopal be a microcosm of life and a mantra for living – in ensuring that past mistakes are not repeated and promising a better future.