Bhopal Gas Tragedy

9100212856 1,948 views 23 slides Nov 21, 2019
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About This Presentation

It describes about Bhopal gas tragedy and its effects.


Slide Content

“Bhopal Gas Tragedy Revisited”
- ME16B119-Navneeth Krishna, MM15B025-Rohit, AE16B025-Nithya,
CS16B105-Lahari

Bhopal is known for its historical records, artificial lakes and greenery but most of all, the city is
remembered across the globe as the site of the world’s worst industrial catastrophe - The Bhopal
Gas Tragedy. Post-midnight on December 3, 1984, poisonous gas (MIC) leaked from the
pesticide plant of Union Carbide in Bhopal, the capital city of Madhya Pradesh, India, killing at
least 3800 people immediately and claiming more lives in thousands subsequently. Almost
immediately Union Carbide tried to dissociate itself from responsibility, which lead to the long-
drawn legal battle both in India and the United States. The disaster indicated a need for
enforceable international standards for environmental safety, preventative strategies to avoid
similar accidents, industrial disaster preparedness and the question of corporate responsibility.
The series of events that followed set the tone of how the Indian Government and the Judiciary
would deal with these in the awakening of massive industrialization. On a positive note, workers’
safety precautions were mandated and legislation for environmental management strengthened;
perhaps the reason why we haven’t seen another Bhopal-like incident in the last three decades.

Read through, as we examine the cause(s), the health effects of exposure to the disaster, the
legal response, the lessons learned and the effect to which these are put into practice today in
India in terms of industrial development, environmental management and public health. While
some positive changes have taken place in government policies and laws since, major threat to
the environment continues due to ill-regulated industrial growth, even today - 35 years after the
Bhopal Catastrophe. No doubt, the Indian Economy is growing at a tremendous rate, however, at
the cost of environmental health and public safety.


Fig 1. The world’s worst industrial catastrophe

One Night in Bhopal….

A few hours past midnight, December 3rd, 1984:
City residents wake choking and unable to breathe. Stampeding in panic, thousands die, simply
poisoned by the very air around them. Union carbide - An American owned factory supposedly
rigged with safety systems, triggers the world’s deadliest industrial accident!
Let’s uncover the Bhopal disaster - a chain of critical events that changed the very fate of the city
and ultimately India forever.

Chain of events
December 3rd, 1984

12:05
- At the Union Carbide pesticide plant, workers detect a minor gas leak and phone it in
- At the control room, the point of contact, operator Suman Dey, decides to check it and
heads out to inspect the storage area where the plant’s most volatile chemicals (also
among the world’s deadliest) are kept buried under a thick layer of concrete.

The plant’s storage area houses the most toxic of chemicals known to man. Alongside Phosgene
- the gas used as a chemical weapon in World War 1 - is a massive volume of MIC (Methyl
isocyanate). MIC is the main ingredient of Sevin,the pesticide the plant produces

- Minor gas leaks being a common occurrence, Suman goes back to the control room. He
checks the temperature and pressure readings and find them to be alright
- Workers call again
- Inaccurate meter readings being quite commonplace in the 15-year-old plant, Suman Dey
checks the pressure gauge again
- In minutes, the pressure in the chemical storage tanks shoots up the scale

12:20
- Suman Dey gathers courage and rushes to the storage area where it’s immediately clear
that something is wrong
- The concrete below his feet is vibrating and he hears a loud steam-engine-like-hissing-
sound
- Gas escapes into the factory’s maze of pipes

12:30
- Suman implements emergency procedures to neutralize the gas as it passes through a
cleaning column called the vent-gas scrubber
- Nothing happens….
- Next, the gas passes through the flare tower designed to burn off any escaping gas
- Yet again, nothing happens….
- On the huge pressure, the gas hurtles through the network of pipes, up the venting
chimney and out into the atmosphere

- Suman Dey sounds the alarm to evacuate

Though the workers were trained, nobody expected a disaster like this. Now, it’s not just the plant
workers who are at risk; The city of Bhopal slumbers through the night unaware of the impending
disaster.

01:00
- The Union Carbide plant is right next to the residential heart of Bhopal and a southeasterly
wind blows the toxic cloud straight towards its half-a-million inhabitants
- As the gas cloud condenses, it sinks to ground level, cloaking the sleeping city in a
poisonous blanket
- Soon, the empty streets are filled with residents gasping for breath in terrified confusion.
People are vomiting, coughing and choking as they fall dead on the streets by some
strange cause unknown to them


Fig 2. Spread of the MIC gas cloud
Meanwhile, at the factory….

- Safety systems that neutralize or burn the gas still aren’t working
- Desperate workers turn to the last hope to stop what they know to be of a certain disaster.
They use the emergency water hoses to spray and try to dissolve the escaping gas. But
the water jets aren’t powerful enough to reach the gas spewing from the chimney
- The factory’s final barrier to all that disaster is also failing
After half-an-hour, the flow of toxic gas shows no sign of slowing down. With every minute, the
invisible gas cloud is spreading, covering an area of about 8 kilometers wide. Locals only know

that it is impossible to breathe. Tens of thousands flee their homes in a panic stampede, choking
to death as they run.

Back to the city….

- Thousands of choking, dying Bhopalis overwhelm the city hospitals
- Doctors think that it is a case of ammonia poisoning and expect that conventional
treatments will solve the patients’ problems. But the symptoms are far more extreme
- Standard remedies prove to be ineffective. Doctors are left baffled, not knowing what to
do with patients in this unknown medical condition

By then, the word was out that the gas leaked was MIC. As a matter of fact, the doctors had never
heard of MIC. They knew no antidote nor did they get any information regarding the same from
Union Carbide. Unknown to the medics, MIC is reacting with water in the victims' bodies, forcing
blood to pour into the tiny spaces in the lungs, making breathing impossible.

3:00
- Many died instantaneously on spot and by now the city hospitals are flooded by lines of
dead bodies

By daylight of December 3rd, the gas had dissipated across the country. Some three thousand
people lie dead and more than 3 lacs are suffering the agonizing consequence of exposure to
MIC, with the old and the young being the most affected. Within hours Bhopal hits the headlines!
Fig 3. Bhopal in news
The investigation that followed

42 tons of deadly MIC stored safely as liquid in an underground tank turned into gas and escaped
into the atmosphere killing thousands overnight.
Preliminary investigation found the tank area quite revealing. Massive cracks in the concrete
casing showed that the tank had shifted position - dramatic evidence of a violent chemical reaction
on a huge scale. Investigators dig up the buried tank E610 to find out how the gas had escaped.
Despite evidence of enormous pressure, the tank itself hadn’t split. Only the emergency pressure
release value had ruptured. The gas escaped through the emergency venting system and hurtled
into the atmosphere.
What could have caused the massively violent chemical reaction inside an underground tank of
safely stored liquid MIC?
The answer - the quite innocuous substance “water”. Contact with water causes MIC to heat up,
boil and vaporize and that reaction is much more violent if other chemicals are added. Around
500 Kilograms of water is estimated to have entered the tank. Powdery residues from the tank
suggest presence of some other “enhancing” catalyst chemical - later found to be rusted iron from
the pipes.
Now we know what had caused the deadly catastrophe but not how it happened.
Union Carbide had chemical plants worldwide and was fully aware of MIC’s dangerous volatility.
Like every one of their factories, the Bhopal plant had safety systems to prevent any chance of
contamination. In a chemical plant operating state-of-the-art safety systems, this disaster should
have been impossible!

What Union Carbide had to say








Fig 4. UCC
CEO Warren
Anderson
addressing the
press




Within days of
the disaster Union Carbide boss Warren Anderson claimed that it was NO accident - with a clear
implication of sabotage within the plant. And to this day the company insists that the catastrophe
was an act of sabotage. The company claims that a disgruntled worker purposely pumped water
into the MIC tanks. Union Carbide maintains a website (www.bhopal.com) and clearly portraits

the company’s painted version of the incident there. Before we rebut Union Carbide’s version of
the story, let us examine what really went wrong.



Fig 5. UCC’s website with the company’s painted version of the Bhopal incident

What really went wrong - Wright’s overt investigation

Union Carbide’s sabotage theory invigorated the workers. Trade unions representing workers
sought an independent opinion. They invited American investigator Michael Wright to Bhopal.
After being denied a work visa by the authorities, Wright had to come to India on a tourist visa
and had to operate in secret. Wright describes the Bhopal incident to be a “Low probability, High
consequence” event - Accidents that happen rarely, but when they do they are huge and
catastrophic. What Wright found out from his secret investigation through long range photographic
study of equipments and clandestine meetings with workers is by far shocking!

The chemical processing unit right next to the MIC tanks would sometimes clog. This was cleared
by hooking up a water hose and blowing water through the system. That wasn’t dangerous.
However, the workers reveal to Wright that corners had been cut. The company installed a jumper
line between those two process units. The applied shortcut to the MIC storage area allowed
operators to use equipment interchangeably, but it permanently linked the lethal chemical to the
rest of the plant - made the plant much more dangerous. If they had isolated that completely, then
water could never have gotten into it. The jumper line provided a direct route through which water
could reach the MIC storage unit.

On the night of the disaster around 9:30 p.m, workers had flushed out the pipes. They noticed
that water wasn’t coming out of the other end initially. Eventually it did and everybody dismissed
the event as only “natural”, unaware that a backlog of water headed through connecting pipes
towards the MIC units. But still a simple safety device should have blocked its progress. This
metal plate called a slip blind, slides into the junction of the two pipe sections forming a water tight
seal whenever pipes are being washed.That very slip blind was not there and this freely allowed
water to get into the tank.

Even then, there was one last barrier to stop water from getting in. Inert nitrogen gas is pumped
into the MIC tank providing a safe high pressure layer between the lethal liquid and the rest of the
plant - a rather safe and efficient system. Workers reveal faults in the system. For a 15 year old
plant, staff were accustomed to occasional faulty readings but a total failure to pressurize the tank
could only mean one thing - leakage in the line. This leakage was unreported and for more than
20 days, it was not holding pressure. If a faulty valve was letting nitrogen out, it could as well let
water in.

Union Carbide’s claims could have weight. Maybe this was sabotage. Someone could have
damaged the nitrogen valve and removed the slip blind deliberately. Maybe they never anticipated
an accident of this magnitude.

The real story of Bhopal is less of how water got into the tank and more of questioning why none
of the systems that should have protected people, operate that night.

The Bhopal plant did have three critical lines of defense in the case of an accident and here’s
what went wrong with EACH and EVERY one of them.

The 1st safeguard - Vent-gas scrubber
Dangerous gas leaks are channeled into a bottle shaped tank and forced through a column of
caustic soda making it inert. Workers say that they haven’t seen any instrumentation that indicated
that it was operating.
The first critical line of defence - Out of Action!





The 2nd safeguard - Flare tower
MIC is highly inflammable and a flare tower sits ready to burn off any MIC gas that hasn’t been
neutralized. This wasn’t operational either. They had taken a piece of corroded pipe, about a 4-
foot section out of it and had never gotten around to replacing it. If that had been operating, it
would have completely eliminated the release.
The second critical line of defence - Out of Action!

The 3rd safeguard - Emergency water hoses
Hoses are positioned around the emergency vent stacks and workers are trained to spray water
into any remaining gas as it leaves the chimney. MIC dissolves in water, so the gas should drop
to the ground. The problem with the water spray system was that it was undersized and the water
sprays didn’t reach the height of the release.
The third critical line of defence - Ineffective!

Not only did water bypass the protective measures and trigger the MIC reaction, but the three
fundamental safety systems designed to contain an escape of gas either couldn’t cope or weren’t
working at all. It is a mind boggling sequence of failures that points to a pattern of negligence.


Fig 6. The Fail-Safe Failure
Source - BHOPAL: LESSONS FOR TECHNOLOGICAL DECISION -MAKERS (1987),
Robert U. Ayres, Pradeep K. Rohatgi

The Cause - the bigger picture

To get the bigger picture, let us look into the plant management and the parent company’s
corporate dealings. The Bhopal plant was losing money. They had undergone an expansion
several years earlier. Alos, they had misjudged the market. Union Carbide India Limited (UCIL)
wasn’t selling nearly as much pesticide they expected to. In such a situation, there is always
pressure from the parent company to cut costs.

Workers reported that as the emphasis on safety slackened, small leaks became commonplace
and sometimes deadly. There were at least 5 chemical accidents between 1981 and 1984. There
was a leak in December, 1981, that injured three workers, one of whom died. There were plenty
of warnings that something was missing.

The cost cutting began with a missing slip blind. This was critical to the accident. Had that been
in place, there would never have been an accident. This critical piece of safety equipment was
left out because of staff cutbacks. A maintenance supervisor who should’ve been responsible
had been laid off.

Faulty gauges meant that no one noticed when the reaction started. Throughout the plant, the
instruments were out of calibration because it saves money not to do the maintenance.

The vent-gas scrubber wasn’t working. Even if it had been, it could never have cleaned such a
large amount of deadly MIC. It was only capable of dealing with puffs from valve openings.
Nobody thought to design it for a big accident and nobody wanted to spend the money.

Failure to replace a broken pipe resulted in the flare tower not being able to burn any escaping
gas. According to maintenance workers, it would have hardly taken about 2 hours to put a new
piece of pipe back in.

Union Carbide U.S had told the Indian counterpart that their emergency water hoses weren’t up
to the job. They further instructed the plant management to install bigger water spray systems
which was never done.

All this clearly shows that Warren Anderson’s “sabotage theory” is nothing but a smokescreen.
Union Carbide never presented any credible evidence. The “sabotage theory” was clearly Union
Carbide trying to cover its tracks.

Long story short

A lethal cloud of MIC gas - one of the most toxic substances on Earth, descends on Bhopal and
its half-a-million residents, a few hours past midnight on 3rd December, 1984, killing over 3000
people in a matter of hours. According to the Indian Government, over 15,000 died later as a
direct result of the disaster. To this day, half-a-million have suffered from inhaling the gas or from
the knock-on effects of continual pollution. People die at a rate of 2 or 3 a week even 3 long
decades later from the delayed effect of the release. The people of Bhopal are survivors of mighty
courage and enormous humanity.

To this day, the company insists that the catastrophe was an act of sabotage. In a factory working
with one of the world’s most toxic chemicals, massive cost cutting invited a massive disaster. All
the evidence points to an incredible chain of failures and negligence by the Union Carbide
management. A lot of things went wrong in Bhopal that night, but they all went wrong because
the management made fundamental decisions to save money at the expense of safety.

Food for thought - Bhopal Tragedy and Sustainable Development

Disasters like Bhopal are a threat to sustainable development. The environmental degradation
being the obvious aspect, overlooks other equally important dimensions to this. The essence of
sustainable development is in it being non-discriminatory and equitable. Yet, discriminatory
practices in the name of development have disastrous consequences as people of Bhopal had
experienced it first-hand with Union Carbide. Instead of following a universal safety standard,
Union Carbide adopted double standards in installing and operating safety systems in Bhopal.
Studies have shown that the weaker groups in society suffer the worst from these disasters : the
poor, the very young and the very old, women, the disabled and those who are marginalized by
race or caste. Even today, hazard risk and disaster reduction remain marginal issues in
development planning and political commitments.

Keep the notion of sustainable development in the back of your mind as you read through the
following sections which will uncover the environmental, legal and social dimensions . Feel free
to return here to ponder should you encounter a thought.



Bhopal Gas Tragedy - Environment and Health Effects

In 1984, the Bhopal gas tragedy shook the nation. It leads to the realization that if industrial
development is unregulated and reckless without sufficient safeguards the results could be
disastrous. Environmental awareness and activism in India increased significantly. The demand
grew for accountability of industries that engage in potentially hazardous activities. The judiciary
began taking an active role in environmental protection.

A number of Environmental laws have since come up. The Environment Protection Act ,1986 has
provisions for management of hazardous waste. The Ministry of Environment and Forests (MoEF)
was created strengthening India's commitment to the environment. The MoEF was given overall
responsibility for administering and enforcing environmental laws and policies. The environment
ministry also came up with the Manufacture, Storage and Import of Hazardous Substances Rules,
1989. The Hazardous Wastes Rules, 2008. These rules fix responsibility on those who have
control over a facility dealing with such hazardous substances and those who handle or transport

such waste, making them responsible for all damages caused to the environment or third party
as well as payment of financial penalties.





Fig 7. The abandoned site is still
leaching toxic chemicals,
contaminating the groundwater.

Several environmental aspects still
linger in Bhopal, 35 years after the
tragedy. The disposal of toxic waste
dumped by the factory has still not
happened. 15 years before the
disaster it continued to dump
process waste and other hazardous
by products in and around the area
of the factory. Since then 350+
tonnes of waste has been kept
leaking at the site and it is still lying
there. The presence of several life-threatening poisons such as mercury and other heavy metals,
chlorinated pesticides and pollutants in the scattered waste have been confirmed. This has
resulted in adulteration of the groundwater in and around the premises of the factory.
Groundwater samples from the sources residents around the factory now use, revealed toxic
pollutants, some of which were carcinogenic. The continued contamination of the groundwater
and soil presents a serious health threat not only to those currently exposed but also to future
generations. The toxics have not only moved across various mediums, but trophic transfer of
these chemicals, essentially through the food chain, causes these toxins to become part of the
body burden. There is an urgent need to decontaminate the site. If not this threatens a greater
number of people.

With rapid industrialization the generation of industrial solid and hazardous waste has increased
appreciably. The environmental impact is significant and has led to environmental degradation
and increased public health risks. The Bhopal Tragedy prompted the Indian Government to
require Environmental Impact Assessment statements for any central approval of projects for
emission or effluent standards. The statements are required to be prepared by committees should
contain expert analysis from disciplines in ecosystem and water resource management, air and
water pollution control, flora and fauna conservation, land-use planning, social sciences, ecology
and environmental health. Public hearings are also required as a prerequisite for project
clearance. The measure also provides for a manufactured product to receive certification as
environmentally friendly or compatible.

There are various industries in India where the waste has been dumped improperly and
hazardous chemicals like chromium, mercury waste and pesticide waste are lying and no care is
being taken. We still do not have the proper means and methods to decontaminate and purify
these toxic sites. We need to ensure that rules are being implemented and followed to prevent
another Bhopal like tragedy from happening ever again. The disaster brought to light the need for
practical and enforceable international standards for environmental safety, precautionary and
preventive strategies to avoid similar accidents.








Fig 8. Remembering the victims







Immediately after the disaster, the Indian Council of Medical Research (ICMR) estimated that
over 520,000 exposed persons had poisons circulating in their bloodstream causing different
degrees of damage to almost all the systems in the body. Many of them continue to reel under
the effects of the leak. The most severely affected were people from poor socio-economic
backgrounds, living in settlements and shanties near the factory. 75 per cent were slum-dwellers,
40 per cent were children.

Several epidemiological studies conducted soon after the accident showed significant morbidity
and increased mortality in the exposed population. Activists, have been collecting data on
mortality, birth defects, fertility, cancer, and many other aspects of people’s health. Results
indicate that people exposed to the gas or water or both have a higher incidence of cancer,
tuberculosis, and paralysis than those exposed to neither. They also suggest that gas-exposed
people have 10 times the rate of cancer, particularly liver, lung, abdominal, throat, and oral
cancers, compared to the other groups.






Below Table summarizes early and late effects on health.

Health effects of the Bhopal methyl isocyanate gas leak exposure
Early effects (0–6 months)
Ocular Chemosis, redness, watering, ulcers, photophobia
Respiratory Distress, pulmonary edema, pneumonitis, pneumothorax
Gastrointestinal Persistent diarrhea, anorexia, persistent abdominal pain
Genetic Increased chromosomal abnormalities
Psychological Neuroses, anxiety states, adjustment reactions
Neurobehavioral Impaired audio and visual memory, impaired vigilance attention and
response time, Impaired reasoning and spatial ability, impaired
psychomotor coordination.
Late effects (6 months onwards)
Ocular Persistent watering, corneal opacities, chronic conjunctivitis
Respiratory Obstructive and restrictive airway disease, decreased lung function
Reproductive Increased pregnancy loss, increased infant mortality, decreased
placental/fetal weight
Genetic Increased chromosomal abnormalities
Neurobehavioral Impaired associate learning, motor speed, precision

Adverse Effect of tragedy on the people

Respiratory health effect:
Asphyxia arising from acute lung injury or acute respiratory distress syndrome ARDS was central
to most deaths following MIC exposure.

Ocular health effects:
Severe ocular burning, watering, pain and photophobia.

Psychological and neurological health effects:
The survivors were reported with significant neurological, neurobehavioral and psychological
effects. The appearance of psychological implications in the exposed population led to anxiety
and depression.



Reproductive health effects:
Menstrual abnormalities, vaginal discharge and premature menopause are common problems
among Bhopal MIC exposed women and their girl children.

Toxico-genomic effects:
The exposed subjects developed chromosomal aberration, which is suggestive of potential DNA
damage by MIC. The subjects having serious chromosol abnormalities may have pathological
implications such as tumors, recurrent miscarriage or transmission of defects to their offspring.

Thousands survive with a variety of morbidity and permanent disabilities, with lingering ailments
and incapacity to work. Breathlessness, a persistent cough, diminished vision, early-age
cataracts, loss of appetite, menstrual irregularities, recurrent fever, back and body aches, loss of
sensation in limbs, fatigue, weakness, anxiety and depression are all common symptoms of
survivors. An alarming rise in cancers, tuberculosis, reproductive-system problems and growth
retardation among children born after the disaster is observed. The absence of medical
information means that local hospitals have no treatment protocols specific to the exposure-
induced multi-systemic problems. Drugs for temporary symptomatic relief have been the
backbone of medical care ever since the disaster. The indiscriminate prescription of steroids,
antibiotics and psychotropic drugs is increasing the damage caused by the gas exposure. Health
education and community involvement in medical management remain neglected and treatment
offered addresses only symptoms to affected people. All hospitals fail to document the health
status and treatment given to hundreds of thousands of survivors under long-term medical care,
and there are no consistent patient records.

Thousands of children died after the accident or were permanently disabled. Around 70 per cent
of the children born before the disaster continue to suffer from respiratory diseases and 55 per
cent from affected eyesight. After the accident, many pregnant women suffered
miscarriages,while others delivered malformed babies. More than half the children exposed to the
gas in their mothers’ wombs died. Many others were born with deformities and permanent
disabilities.

The majority of people in the catastrophe area are poor and uneducated. They are not aware of
the problems that are caused by exposure to toxic remains in the site. Most residents are not
aware of the contamination of groundwater in the area. Others, even though aware of the
contamination, continue to consume it because the government has not provided any alternative
sources of potable water. The Bhopal disaster is still unfolding.

Bhopal and its aftermath are a warning that the path to industrialization, is accompanied by human
and environmental problems. Today we all live in Bhopal.





How the Indian Government approached UCC for compensation?

After a few months from the incident ,The government of India was appointed as the sole
representative for processing the compensation to all the victims of bhopal gas tragedy and for
any further dealings with the Union Carbide regarding the tragedy by the Bhopal gas leak
act,1985. As India did not have complete jurisdiction on UCC, A claim suit was filed against the
Union carbide Corporation in the United States District Court in the Southern District of New York,
by the government of India regarding the damages and the compensation that should be given
by UCC to the victims of the tragedy. As the compensation is more likely to be higher in the United
States district court , this case was pushed to the Indian courts by the company.

The United States District court dismissed the claim stating that Indian Courts are better suited to
hear the case as all the sources, records and witnesses are entirely located in India.

Government of India filed a claim suit against UCC in the supreme court of India and the
judgement was delivered almost after 4 years from the bhopal gas tragedy on 15th of february
1989.The Government’s original claim involved a demand of 3 billion dollars for compensation
but the judgement stated that Union carbide corporation owes 470 million dollars (nearly 750
crores in Indian rupees) as compensation to victims of bhopal gas tragedy in full settlement of all
claims, rights and liabilities related to and arising out of the bhopal gas disaster.

Public response for the compensation announced by the court

This settlement received a lot of criticism for rejecting the criminal proceedings and the small
amount of compensation.Even the decision of agreeing to the 470 million dollar settlement by the
Government of India, acting as victims representative, was not made by prior consultation with
the victims.

Later Individual plaintiffs filed suits in texas court and New York courts stating that Indian
Government had agreed to the settlement without informing the plaintiffs.

Another charge by the plaintiffs was that hospital which was promised by Union Carbide
to be built was never built, but it never went through.

Reaction to public response

However, the suits were dismissed by the court stating that the criminal proceedings were not
applicable for Union Carbide Corporation in 1990.

For the hospital issue, again the court reaffirmed the judgment that the hospital was not a part of
the settlement, hence the court could not force Union Carbide to build it.
The supreme court of India received many petitions stating that there is a shortage of money for
compensation.In 1989 ,the Supreme Court of India said that if there is any shortage in the amount
of compensation ,it is the state’s responsibility for bridging the gap.

As a part of the first five year plan, 258 crore rupees has been sanctioned by the central
government for social, economical, medical and environmental rehabilitation of the victims of the
bhopal gas tragedy in 1990.

Later years

The government of India filed a petition in the Supreme Court for more compensation to the
victims of bhopal gas tragedy above the 470 million dollars already paid by Union carbide
corporation.The supreme court decided to examine this petition which came before Chief justice
of India.The petition stated that compensation, determined in 1989, was based on the
assumptions of truth unrelated to realities.

The 470 million dollar figure was partly based on the disputed claim that only 3000 people died
and 102,000 suffered permanent disabilities.But by the end of October 2003, according to the
Bhopal Gas Tragedy Relief and Rehabilitation Department, compensation had been awarded to
554,895 people for injuries received and 15,310 survivors of those killed. The average amount to
families of the dead was $2,200.

Seven former employees of UCIL including the chairman were sentenced to imprisonment for two
years and a fine of 2000 dollars for causing death by negligence in june 2010.

In 2011, the Supreme Court issued a notice to the Union Carbide Corporation, which is now a
wholly owned subsidiary of Dow Chemicals. The Centre had sought reconsideration of the May
4, 1989 and October 3, 1991 orders of the court, contending that the 1989 settlement was
seriously impaired. It has sought ₹7,400 crore in additional funds from the pesticide company.


Factors that may be responsible for delay of compensation to the victims

India, being one of the poor nations with its evolved set of traditions and culture in 1984.The caste
system being worse amongst all of the traditions followed in India; in which majority of people
belong to the group of lower castes and untouchables.People belonging to the group of
untouchables and lower caste started migrating from their own villages towards the surroundings
of the factory in search of small businesses , jobs or to work as servants in the house of
employee’s working in the factory ,thereby increasing the density of population around the factory
all of a sudden.These were the areas which were immediately affected by the incident.As majority
of the victims of the tragedy were from lower caste and untouchables, this can be one of the
reason for the delay in reactions.Union Carbide India Limited is a huge company and could hire
great lawyers to represent them in the supreme court, but the poor people from minor communities
who are uneducated cannot afford the best resulting in biased judgement .The distribution of
compensation among victim families was also affected by the corruption prevailing in the Indian
administration.

Steps taken after the incident

It is a sad truth that we only realise the need for the safety standards only when such a huge
disaster takes place taking many lives. The government brought various legislations in response
to the disaster.Below are few of them.

The Environment Protection Act, 1986

The environment protection act was enacted in 1986 with the objective of providing environmental
safety and protection,which authorizes the central government to protect and improve
environmental quality.The act was last amended in 1991.The act layed down the rules for setting
standards of emission of pollutants from the factories.In this connection, the central government
has the authority to issue direct written orders including orders to close, prohibit, or regulate any
industry, operation or process or to stop or regulate the supply of electricity, water or any other
service.

The Factories Act, 1948

The factories act which was enacted in 1948 was amended and the list of hazardous industries
and the provision to locate an industry were included in the act. The Central and State Pollution
Control Board has set high industrial standards for the control of effluents and emissions by
factories all over India.

The public liability insurance Act, 1991

The main objective of the Public Liability Insurance Act 1991 is to provide for damages to victims
of an accident which occurs as a result of handling any hazardous substance. The Act applies to
all owners associated with the production or handling of any hazardous chemicals. Users can get
to know of the Act issued by the Ministry of Environment and Forests, amendments to the Act,
notifications covering list of officers authorized to take action, delegation of powers to state
governments and date from which the Act came into force. According to this every owner should
take out before he starts handling any hazardous substance and it is mandatory,one or more
insurance policies and renews it or them from time to time before the expiry of validity.This allows
the compensation to reach the victims of such tragic incidents immediately, which will not motivate
the victims to ask for larger compensation.


The question of Industrial Standards

Pre Incident Scenario
The UCIL plant was located near a densely populated region of Bhopal city owing to the ease of
transportation. This site was was not meant for hazardous industries but was only for light
industrial use. Initially the plant was approved for manufacturing pesticides from small quantities

of imported MIC. Eventually the plant ended up manufacturing raw materials and intermediate
products in the same facility.
In 1984, because of the lowered demand for pesticides, UCIL planned to ship key production units
to another facility. In the meantime, the facility continued to operate with safety equipment and
procedures far below the American Standards.Though the local government was fully aware of
safety problems, it did not place heavy industrial safety and pollution control burdens on the
struggling industry because it feared the economic effects of the loss of such a large employer.
Post-Incident scenario
Many investigations after the incident point to the negligent management of the Safety Standards
at the plant.
All the emergency measures like the gas-flare safety system and the toxic discharge neutralizer
were not functioning since many weeks prior to the incident.The evacuation tank and MIC coolant
tank being empty at the time of incident clearly indicate that the company was reluctant in
investing in safety standards.
The company also denied to reveal the composition of the toxic gas worsening the situation as
the medical supervisors were not aware of the treatment to be administered to the affected people
adding to the poor public health infrastructure in Bhopal at the time.
Lessons Learnt
The disaster demonstrated that expanding industrialization in developing countries without
concurrent evolution in safety regulations could have catastrophic consequences.
1. Enforceable uniform international operating regulations for hazardous industries will
provide significantly improved safety. Even without enforcement, international standards
could provide norms for measuring performance of individual companies engaged in
hazardous activities.
2. The terms and conditions of the relationship between multinational companies and the
host developing country should take the local community(common people) and all the
worker’s (employees of the facility) safety and well being into consideration.
3. Local governments should not allow industrial facilities to be built within or around urban
areas.
4. Industry and government need to bring proper financial support to local communities and
provide medical and other necessary services in the case of industrial accidents.
5. Existing public health infrastructure and technical expertise available are to be taken into
account when hazardous industries choose sites for manufacturing plants.
Few Examples of Persistent Poor Industrial Standards since 1984:
● There has been an increase in small scale industries (SSIs) whose poor waste
management is causing contamination of water and land resources.The pollution of

Yamuna river is caused by the release of such untreated industrial waste into flowing river
waters.
● In March 2001, residents of Kodaikanal in southern India, caught the Anglo-Dutch
company, Unilever, red-handed ,when they discovered a dumpsite with toxic mercury
laced waste from a thermometer factory run by the company's Indian subsidiary,
Hindustan Lever. The 7.4 ton stockpile of mercury-laden glass was found in torn stacks
spilling onto the ground in a scrap metal yard located near a school. In the fall of 2001,
steel from the ruins of the World Trade Center was exported to India apparently without
first being tested for contamination from asbestos and heavy metals present in the twin
tower debris.
● In the state of Kerala, significant mortality and morbidity have been reported following
exposure to Endosulfan, a toxic pesticide whose use continued for 15 years after the
events of Bhopal.
● Mining, production and use of asbestos in India is very loosely regulated despite the health
hazards. Reports have shown that mortality from asbestos related disease will continue in
India without enforcement of a ban or significantly tighter controls.
Some positive changes were seen following the Bhopal disaster:
● The British chemical company, ICI, whose Indian subsidiary manufactured pesticides,
increased attention to health, safety and environmental issues following the events of
December 1984. The subsidiary now spends 30–40% of their capital expenditures on
environmental related projects. However, they still do not adhere to standards as strict as
their parent company in the UK.
● The US chemical giant DuPont attempted for a decade to export a nylon plant to
Goa,India.But the people of Goa successfully protested against the clearance of an
important ecological site for a heavy polluting industry.The company also tried to locate
their plant in Chennai,but the state government demanded high concessions for public
health and environmental protection.





The Role of Union Carbide

Union Carbide Corporation (UCC) owned a little more than half of the shares and still denies any
criminal liability.Immediately after the incident the company tried to dissociate itself from its Indian
subsidiary UCIL and denied any legal responsibility.Finally the company accepted moral
responsibility and paid only $470million as compensation to the people affected.UCC
discontinued its operations in Bhopal and failed to clean the industrial site completely causing
huge pollution that dates till today.

After the incident,UCC shrunk to one-sixth of its size,there by placing all its assets out of legal
reach of victims.Currently the company is operating under Dow Chemicals and still states that
Bhopal Tragedy was caused by deliberate sabotage.

UCC initially recommended to treat the affected with thiosulphate but later withdrew its statement
because it was supporting (HCN) cyanide poisoning suspections. Moreover, many affected
responded well to administration of sodium thiosulfate, an effective therapy for cyanide
poisoning but not MIC exposure.

The Role of Social Activists

The activists arriving in Bhopal soon after the
accident often belonged to the left -wing
opposition.This led to conflicts with other activists or
NGOs, as well as with the police. The first ever
reports on the disaster were published by two
activist organisations, Eklavya and the Delhi
Science Forum. Some activists in Bhopal did not
want the questions of HCN and antidote treatment
to grow too large. They maintained that it might
reduce the question of the toxicity of MIC. The
activist groups early realised that the problems in
Bhopal were too great for non-governmental
organisations to cope with. Thus, rehabilitation
activities were constantly coupled with attempts to
organise the gas victims to demand their basic rights
from the government. This led to violent repression
from the police and the government. There is still a
group of international activists engaged in different
issues: support to the survivors, the criminal case
against Union Carbide, information, and prevention
of “New Bhopals”.

Fig 9. Women demanding justice
The Response of Government & Legislative Developments

In order to deal with the cases related to Environment issues, Government made several acts
and policies.

1. The Supreme Court applied Judicial Activism to include Right to Clean Environment into
the scope of Article 21.Thus, Environmental concerns become part of the constitution and
also the rights of the citizens. According to Judicial Activism, the courts and judges should
play active roles in shaping social policy reflecting ongoing changes in societal conditions
and values.

2. National Green Tribunal Act, 2010:
Under this act , the National Green Tribute(NGT) formed on 18 October 2010 with Justice
Lokeshwar Singh Panta as its first chairman, works by applying the principle of sustainable
development and “polluter pays” principle.The principal court of Delhi Pollution Control
Committee makes India the third country , after Australia and New Zealand to have such
a system.The tribunal provides speedy environmental justice and reduces the burden of
litigation on higher courts.
3. The Environment Impact Assessment (EIA) Notification in 1994 was also a significant
step to calculate risks associated with any project which will determine whether or not it is
granted clearance.Backed by the Environment Protection Act of 1986,the EIA objectives
include identifying environmental,social, economical impacts of a project and also identify
measures to minimize these impacts.
4. Hazardous Wastes (Management, Handling and Transboundary Movement) Rules,
2008:This provide for means of safe storage and disposal of “hazardous waste” with the
help of central and state pollution control boards.Under this act,the occupier shall be
responsible for safe and environmentally sound handling of hazardous wastes generated
in his establishment.This provides rules and regulations to be followed while disposing
and importing or exporting hazardous wastes.
5. Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules,
1996:This was also enacted to address gas leaks and similar events.This constitutes
rules and regulations regarding Crisis Alert System on how to handle chemical incidents
for both State and Central Crisis Groups. The Chemical Accidents Rules seem to have
been framed for the exact purpose of monitoring plants or industries like the UCC in
Bhopal.



Many of these rules are neglected by industries,as it is economic to ignore them and pay fines,
rather than actually implementing them.






Are the legislations enough?

The legislations have lot of loopholes to deal with.The state pollution control board does not have
time to impose regulations and manage industries.

Is India in a better position to deal with such incidents now?

Even though the controls which we have are not top-notch, but we are certainly in a better position
to deal with any disaster of such magnitude now and ensure that such kind of disaster will never
repeat again. It took many steps immediately after the disaster to protect the citizens of India from
such a fate.

With the EPA, 1986, the amendments in factories Act, Water Act ,the EIA notifications and the Air
Act, we are definitely in a better position than before. Apart from this,It is ensured that proper
evacuation can take place before any disaster taking place from emergency warning systems
and communication channels. India being a developing nation is open to many of the foreign
investors seeking for the growth in its development and economy.There is a need for
industrialization for globalisation.

In the long run the effects of these industries on the environment and the health of the people
should not be neglected. When it comes to enforcing the legislation in place India needs to get
rigid so that we do not pay such a heavy price again. The enforcement of legislations was too
weak in India that let UCIL go away with such blatant violations.

There is no way to replace the thousands of lives lost all we can do is to ensure that the ones that
have been left behind can lead a healthy and comfortable life. The industrial disaster gave more
awareness and warning in terms of environmental policy, environmental awareness and human
rights. While some positive changes have taken place in government policies and laws since,
major threat to the environment continues due to ill-regulated industrial growth, even today - 35
years after the Bhopal Catastrophe. No doubt, the Indian Economy is growing at a tremendous
rate, however, at the cost of environmental health and public safety.










References
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