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Term paper

BUSINESS ENVIRONMENT

TOPIC – BHOPAL GAS TRAGEDY

Submitted to:- submitteby:-

MISS.NEHA B HARDWAJ AFIFA NAZIM YASMEEN

` Roll no:- A68

Reg. no-

11012577

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INDEX

1.Preface

2.Acknowledgement

3.Contents

4.Introduction

Objectives Literature review Methodology :-sources of data Analysis Observation Findings Recomendation Future

Conclusion

Research and Bibliography

Appendix

PREFACE

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AS MBA Degree requires equal attention practical as well as theoretical aspect of the business, various problems are to be dealt with in these courses, that is why research programs are there to give deep as well as through knowledge of the subjects.

WE have attempted to live up these requisites while preparing this term paper. It is part of professional courses. With the help of term paper we can able to understand the deep knowledge about the specific topic assign to us.

During our project work I observed some of the behind the BHOPAL GAS TRAGEDY.

It is hoped that this report meets the given expectations and various requirement of the research.

ACKNOWLEDGEMENT

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I take this opportunity to present my votes of thanks to all those guidepost who really acted as lightening pillars to enlighten our way throughout this project to successful and satisfactory completion of this study.

We are really grateful to our HOD for providing us with an opportunity to undertake this project in this university and providing us with all the facilities. We are highly thankful to MISS.NEHA BHARDWAJ for her active support, valuable time and advice, whole-hearted guidance, sincere cooperation and pains-taking involvement during the study and in completing the assignment of preparing the said project within the time stipulated.

Lastly, We are thankful to all those, particularly the various friends , who have been instrumental in creating proper, healthy and conductive environment and including new and fresh innovative ideas for us during the project, their help, it would have been extremely difficult for us to prepare the project in a time bound framework

INTRODUCTION

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Bhopal Gas Tragedy was the worst industrial catastrophe in the Indian History. It occurred in 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, the capital of Madhya Pradesh. At the time of accident, UCIL was the Indian subsidiary of the U.S. company Union Carbide Corporation (UCC). UCC is now a subsidiary of Dow Chemical Company. At the midnight on December 3, 1984, there was a leak of methyl isocyanate (MIC) gas and other toxins from the gas plant. This leakage affected around half million people. According to the official data, the immediate death toll was 2,259. However, the government of Madhya Pradesh confirmed a total of 3,787 deaths due to gas lekage. But other government and non-government agencies estimate more than 15,000 deaths.

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.

Even after 25 years after the gas leak, 390 tons of toxic chemicals abandoned at the UCIL plant continue to leak and pollute the groundwater in the region and affect thousands of Bhopal residents who depend on it. This is a very serious issue. Many civil and criminal cases are still pending in the United States District Court, Manhattan and the District Court of Bhopal, India, against Union Carbide.

On 8th july ex-employees, including the former chairman of UCIL, were convicted in Bhopal of causing death by negligence and sentenced to 2 years imprisonment and a fine of 1 lakh Rupees each. They were held guilty under Sections 304-A (causing death by negligence), 304-II (culpable homicide not amounting to murder) and 336, 337 and 338 (gross negligence) of the Indian Penal Code.

Objectives of the term paper

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To know about the BHOPAL GAS TRAGEDY

To know the actual reason behind this tragedy.

To know who was basically responsible for Bhopal gas tragedy. To know what actions had been taken by the government against the culprit To find out how many peoples were actually the victims . To know adverse effect of this tragedy on the residents of Bhopal. To check the present situation of Bhopal.

ACTUAL REASON BEHIND THIS TRAGEDY

The blame game then started about the factory maintenance. It was said that the factory was not safe and no maintenance was done on time. The workers were not given proper training and the safety officers were also absent on the night of tragedy. The gas tragedy occurred due to the total negligence and lack of maintenance. Another controversy linked with the gas tragedy is that a few workers sabotage the pipe due to which the disaster occurred.

PERSON BASICALLY RESPONSIBLE FOR THE TRAGEDY

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Warren Anderson, the then chief executive officer of UC and the main accused of the tragedy is at present a fugitive. Madhya Pradesh government freed him with a bond of Rs 25000 and asked him to be present whenever needed for interrogation. But from then Anderson has been absconding.

Bhopal gas tragedy: Who is Warren Anderson? Over twenty five years ago, Bhopal was choking on the deadly fumes that had found their way across the city from the Union Carbide Plant. Close to 20,000 people died.

And the man the victims blame for the tragedy is Warren Anderson, whose plant was the source of the deadly Methyl Isocyanate gas.

He was charged with culpable homicide not amounting to murder. Yet, just four days after the tragedy, Anderson flew out of Bhopal on the official plane of Arjun Singh.

Bhopal gas tragedy: Who is Warren Anderson? Over twenty five years ago, Bhopal was choking on the deadly fumes that had found their way across the city from the Union Carbide Plant. Close to 20,000 people died.

And the man the victims blame for the tragedy is Warren Anderson, whose plant was the source of the deadly Methyl Isocyanate gas.

He was charged with culpable homicide not amounting to murder. Yet, just four days after the tragedy, Anderson flew out of Bhopal on the official plane of Arjun Singh. In June 2004, the US rejected India's request for the extradition of Anderson saying the request did not "meet requirements of certain provisions" of the bilateral extradition treaty

Anderson is believed to have taken key decisions, including a cost-cutting measure that compromised safety at the gas plant. Security precautions too were inadequate

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Victims say that Anderson, as the head of the company, knew that the plant stocked toxic gas within city limits and that it could cause huge damage in case of an accident.

Warren Anderson served as Union Carbide CEO till 1986, when he retired. He lives a life of luxury in New York

ROLE OF GOVERNMENT

The victims of the Bhopal gas tragedy feel let down even though eight people have been convicted. A lay person may find it difficult to understand why. The answer lies in a long history of decisions, which made it impossible for the lower courts to do anything meaningful.

The Supreme Court in 1989 upheld an agreement between the government and Union Carbide India Ltd, under which only a pittance was to be paid to the affected persons. The settlement also quashed all criminal proceedings against the accused.

In a subsequent decision in 1991, the apex court set aside that part of the earlier order which had quashed all criminal proceedings and allowed them to be revived. In a second round of litigation, the court diluted the charges and the accused were to be tried under section 304A of the Indian Penal Code (causing death by negligence), not under section 304 Part II (culpable homicide not amounting to murder, with up to 10 years imprisonment), effectively capping the sentence at two years.

The gas victims are naturally outraged, let down by the government and the judicial system. The trial court order has come after 26 years. I am convinced not a single accused will ever go to jail and the matter will drag on in superior courts for years.

As told to Manish Ranjan.

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Colin H. Gonsalves is a Supreme Court advocate and founder, Human Rights Law Network.Respond at feedback@livemint.com

NEW DELHI: The Central Bureau of Investigation (CBI) has moved a curative petition in the Supreme Court challenging the 1996 judgement of the apex court, delivered by the then chief justice A M Ahmadi, that had diluted the charges against the eight accused in the 1984 Bhopal gas tragedy .

“The Petitioner (CBI) by way of the present Curative Petition is seeking restoration of the charges of Section 304 Part II of IPC against the Respondents/accused persons which were quashed by this Hon’ble Court without any consideration of the material placed by the prosecution at that stage,” said agency in its petition settled by Attorney General G E Vahanvati. It deals with the stringent charge of culpable homicide not amounting to murder, which attracts maximum punishment of a 10-year jail term. However, due to dilution of the charges, the accused were tried under section 304A of the IPC, which provides a maximum punishment of two years of jail.

“Categorical evidence has now come to light, which unequivocally points to the commission of offences under Section 304 Part II of the IPC by the Respondents/accused persons. The accused persons getting away with minimal charges under Section 304-A, despite categorical evidence pointing to the commission of offences under Section 304 Part II of the IPC has resulted in a colossal failure of justice. This failure of justice adversely affects not only the victims in particular but also the society and the nation as a whole,” said petition drafted by advocate Devadatt Kamat.

It said: “The assumption underlying the deletion of the charges under Section 304 Part II of the IPC breaks down when one takes into consideration the fact that there was structural and operation defects in the Plant — aspects which the Respondents/accused as persons responsible for running the Plant could not have been said to be oblivious of.”

CBI said: “This court failed to consider the fact that the Operational Safety Survey Report conducted by the UCC authorities, which outlined the defects in the plant was also placed on record and it was specifically submitted that the report was sent to Mr. Warren Anderson and to Mr. Keshub Mahindra i.e. Accused No. 1 and 2 respectively.”

NO.OF VICTIMS OF BHOPAL GAS TRAGEDY

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THE BHOPAL Gas Tragedy is one of the worst disasters in India in which many innocent people were killed. Till date, many people are being affected with serious infections due to the gas tragedy. 

The incident occurred on December 2 and 3, 1984, just two months after the death of  late Prime Minister Indira Gandhi. In the incident, the deadly poison gas named Methyl Isocyanate with another mixture of toxins leaked from the Union Carbide   factory got exposed to the air due to which approximately 4500,000 people were affected and nearly 30,000 people died.

ADVERSE AFFECT OF TRAGEDY ON THE PEOPLE OF BHOPAL

RESPIRATORY HEALTH EFFECT

The initial human autopsy studies, which revealed severe necrotising lesions in the lining of the upper respiratory tract as well as in the bronchioles, alveoli, and lung capillaries, suggested that the respiratory system was most severely affected. ICMR has concluded in its report that asphyxia arising from acute lung injury or acute respiratory distress syndrome (ARDS) could be central to most deaths following MIC exposure. Clinical status of the victims has been classified as acute, sub-acute and chronic based on the duration of appearance of these post-trauma symptoms. A significant number of subjects displayed abnormalities in lung function tests (LFTs). The studies by ICMR summarise that clinical symptoms did not recede completely.

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Furthermore, autopsies indicated generalised visceral congestion, cerebral edema, and anoxic brain damage [3]. Interestingly, forced expiratory flow between 25-75% of forced vital capacity (FEF257596 of FVC) declined progressively during the 2 years period of observation, as did FVC [15,16]. Bronchoalveolar lavage (BAL) analysis carried out 1-2.5 year after exposure to the 'toxic gas' at Bhopal by Vijayan et al. [17-18] indicate that there was an increase in cellularity in the lower respiratory tract (alveolitis) of the severely exposed patients (in both smokers and non-smokers). The increase in cellularity was due to abnormal accumulation of macrophages in severely exposed non-smokers while in severely exposed smokers, it was due to macrophages and neutrophils. In Bhopal victims, the vital capacity was low in the majority of subjects. Although the diffusion tests could be performed, the clinical, functional and radiological observations suggest that these subjects had a picture of acute extrinsic allergic bronchiolo-alveolitis due to exposure, which has gone into the chronic phase of the pathogenesis [19].

Ocular health effects

During the first two months after the exposure, victims reported severe ocular burning, watering, pain and photophobia [22]. These findings are similar to the findings of ICMR clinical studies compiled in its recent report [2]. In most of the victims, acute phase ocular symptoms appeared to have healed up, except in few cases where the damage was to the posterior ocular chamber and required surgical replacement of corneal tissue. Comparison of frequency of ophthalmic symptoms in subjects staying at different distances from the factory showed that complaints were present in 80% of subjects residing 0,5 km away from the factory and in 40% of the people residing 8 km away from the factory. Finding of distant vision testing in both groups showed that those with vision between 6/12 and 6/60 were considered moderately affected while those with vision lower than 6/60 were considered more severely affected. No patient from either group complained of disturbance of colour vision. Ocular movements were normal in all the subjects [23].

Psychological and neurological health effects

The survivors of the Bhopal gas tragedy were reported with significant neurological, neurobehavioral and psychological effects. The ICMR report illustrated that the appearance of psychological implications in the exposed population led to anxiety and depression. In a randomised study of out patients at ten government run clinics 3 to 5 months after the disaster, 22.6% were found to be suffering from psychological disorders. A similar number suffered from neurotic depression, anxiety and social adjustment problems [2]. According to the ICMR, neuromuscular defects, such as tingling numbness, sensation of pins and needles in the extremities, and muscle aches, have continued among the victims after exposure [24]. Such effects of MIC exposure could be attributed to the prevention of formation of muscle fibres in the culture at low doses and causing death of fibroblasts and myoblasts at higher doses [22]. It was observed that out of 208 persons suffering from psychological problems, 45% suffered from neuroses, 35% from anxiety states and 9% from exacerbation of preexisting adjustment reactions

Reproductive health effects

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Twenty years after the gas disaster, menstrual abnormalities, vaginal discharge and premature menopause have emerged as common problems among Bhopal MIC exposed women and their female offspring/girl children. Besides affecting the reproductive health of the women, these conditions are also leading to social problems in conservative communities. Maternal-fetal, gynaecological effects have been illustrated through retrospective cohort studies. Clinicians at Bhopal have observed that now the girls who were exposed during their infancy and those in their mother's womb are experiencing 'menstrual chaos' [28]. During an early recovery phase, a comparative survey was undertaken to explicate the effect of exposure to the toxic gas in pregnant women both in exposed and unexposed area in Bhopal. A high incidence of spontaneous miscarriages (24.2%) in the pregnant women exposed to the toxic gas was observed as compared to those in the control (unexposed) area (5.6%). Other indices of adverse reproductive outcome, such as the rate of stillbirth and congenital malformations were not found to be different. The perinatal and neonatal mortalities were significantly higher in the affected area (6.9 and 6.1%, respectively), as compared to the control area (5.0 and 4.5%, respectively) [14]. The final technical report of ICMR [2] has also reported high miscarriage rates in the initial years after the disaster in addition to the increased menstrual irregularities and excessive bleeding among gas-exposed inhabitants. This pattern has been attributed to "postdisaster trauma". Unfortunately, it is reported that several of these women had episodes of miscarriages later on, and many could not conceive at all. Shilotri et al. [29], observed a relatively higher incidence of abnormal uterine bleeding and abnormal pap smears amongst exposed women 15 weeks after the exposure. An anthropometric study on exposed adolescents, carried out almost sixteen years after the disaster, revealed that there was a selective retardation in boys, but not in girls, who had been exposed to MIC during their toddler age or those born to exposed parents

Toxico-genomic effects

In an initial study by Goswami [36], it was observed that sister-chromatid exchanges (SCE) frequency in lymphocytes were found to be increased more than three times in MIC-exposed persons [36]. Chromosomal breaks were also observed in 10 out of 14 affected people (71.4%) studied, while only 6 out of 28 (21.4%) controls showed chromosomal breaks. Even chromatin bodies were observed in addition to the normal 46 chromosomes among some of the survivors. In another study, Goswami et al. [37], have formulated a chromosomal profile for 154 persons studied during 1986-1988. The exposed subjects developed at least two categories of chromosomal aberration, out of which Robertsonian translocation was repeatedly observed, mostly in acrocentric chromosomes 13 and 21 [37]. Such observations are suggestive of potential DNA damage by MIC. It is known that at least 50% of the subjects possessing such serious chromosomal abnormalities may have pathological implications such as tumors, recurrent miscarriage or transmission of defects to their offspring. A unique study conducted in 1990 clearly establishes genetic link of cancer patterns among gas victims of the tragedy with MIC

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exposure [38]. Such studies were not conducted during the late recovery phase that would have helped identify people with chromosomal aberrations and at high risk of developing cancer.

CURRENT SITUATION

BHOPAL: Eighty-year-old Maqsuda Bi still comes and stands outside the welfare commissioner's office, asking to be compensated like other victims of the deadly methylisocynate gas that swirled through this erstwhile city of nawabs 25 years ago, killing an estimated 20,000 people and maiming 5,69,160. 

''I have all the relevant papers including my ration card and doctors' prescriptions. Everyone in my family, including my grandchildren, have got compensation. Why have I been ignored?'' she asks. The ''compensation'', of course, was so paltry that it had led to a fresh round of litigations. 

''I was with my family that night in our house in Ashoka Garden. My husband's lungs were badly damaged and he was bed-ridden for 10 years coughing blood. He died in 1995. I am still fighting for my due,'' she told TOI. Badli Bai (50) of Rajendra Nagar has a similar story. Her file was lost from the settlement court. She has the documents to prove herself a victim. The doctors certified that her lungs were damaged. She received interim relief of Rs 200 per month after the gas leak, but not a paisa after that. 

''I am diseased. No gas victim stays healthy. We all suffer from numerous ailments. I need the money to buy medicines. Hospitals won't treat me for free unless I am a confirmed gas victim. The only proof of this is if one gets compensation. But the court says my file is lost,'' Badli Bai says. While there are more than 40 cases regarding non-payment of compensation to victims before the high court since 2004, victims' NGOs are still filing petitions arguing that the recompense was insufficient and delayed. ''The Centre got into a settlement with the Union Carbide Corporation, USA, without the victims' consent,'' said Hamida Bi, a gas victim and activist. ''Carbide paid Rs 713 crore (at 1989 prices) on the assumption that only 3,000 persons had died and 1,05,000 were injured. The actual figure is five times more. The government admitted that 4,69,367 victims were kept out of the settlement. 

"The compensation amount that was to be distributed among 1,08,000 persons has now been disbursed among 15,200 dead and 5,69,160 injured. The average compensation works out to Rs 12,410 per victim at the 1989 value of the rupee. Compared to this, the US government paid an average of $1.8 million per victim of 9/11,'' she adds. 

''Those who died that night were fortunate,'' said Husna Bano of Aish Bagh, adding, ''The gas leak left us like walking corpses. I had a seven kg fibroid in my stomach which left the doctors researching on the after-effects of MIC. I do some stitching work to run the family. If I earn Rs

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50, I spend Rs 35 on treatment. We spend more money on medicine than on food.'' 

'Doctors treat us like untouchables' BHOPAL: Rafiq Khan (52) endured the lethal billow of methyl isocyanate (MIC) gas that leaked out of the Union Carbide plant in Bhopal on December 3, 1984. Twenty-five years later, Khan, who is now also a diabetic, continues to suffer from severe pulmonary ailment as, ironically, a hospital meant for thousands left critically ill by MIC exposure, has shut its door on him. 

''Doctors don't even talk to us. My father has the documents including the victim ID, but the hospital — Bhopal Memorial Hospital and Research Centre — treats us like untouchables and refuses to admit him,'' alleged Khan's son, Faizan. ''We can't even sit near the doctor; the hospital staff is so highhanded,'' alleged Faizan. Faizan said Khan also suffers from kidney dysfunction and needs dialysis twice a week. ''I work as a van driver and need Rs 2,000 weekly for dialysis to keep my father alive. We've sold our valuables and borrowed Rs 60,000. People have stopped giving credit because they know we can't pay back,'' he said. 

He said Khan was diagnosed with kidney dysfunction last year and put on dialysis just twice and then discharged. ''Since then, they have refused to put him on dialysis despite the fact that the hospital is meant for the gas victims,'' he said. ''The victims are entitled for a lifetime of medical treatment at the hospital, but we were refused a third dialysis.'' 

He said far from curing him, the hospital's faulty laser operation left him blind and the family had to get his eyes operated at a private hospital.

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Litrature Review

1.BHOPAL GAS DISASTERS AN INDUSTRIAL CATASTROPHE

Sakshi Parasar(2010)

     Author Sakshi parasar observed that since 26 years have passed but the world’s worst industrial catastrophe BHOPAL GAS disasters repercussions of the day still continue to haunt not only the victims but also our country. Victims are still struggling for justice while their wait for justice seems to be never ending. On 7th June 2010, Chief Judicial Magistrate gave the verdict and convicted all the eight accused in the 1984 BHOPAL GAS TRAGEDY.The major question arises whether the justice has been done or not?

2.”BHOPAL GAS DISASTERS OR SUPREME COURT DISASTER”

This article ”Bhopal Gas Disasters or Supreme Court Disaster”the author(anonymous 2007) tries to bring its focus on the existing loopholes and the reasons behind the fact that even after passage of such long time the justice is not done, still the victims are in pain and suffering.

3THE BHOPAL GAS TRAGEDY 1984 TO ?THE EVASION OF CORPORATE RESPOSIBILITY”

In this art article “THE BHOPAL GAS TRAGEDY 1984 TO ?THE EVASION OF

CORPORATE RESPOSIBILITY” the author{anonymous} describes the inadequacies in the

response of the Union Carbide Corporation to the accidental release of the highly toxic gas,

methyl isocyanate, from its plant in Bhopal, India in 1984. Over 20,000 people are estimated to

have died from exposure to this gas since 1984, with some 120,000 chronically ill survivors.

Union Carbide fought to avoid compensation or to keep it very low. The long, much delayed

process of distributing compensation focused on minimizing payouts to victims. The corporation

tried to blame the accident on a disgruntled employee, whereas key parts of the safety equipment

designed to stop the escape of the gas were not functioning or were turned off. The corporation

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has always sought to underplay the health effects and has refused to release its research on the

health impacts of the gas (which could have helped develop more effective treatment). In

addition, the medical services in Bhopal have failed to develop a health care service that offers

sustained relief and treatment to the communities most affected. This paper also describes the

work of the Sambhavna Trust, a charitable body set up to work with the survivors, and its

programme to develop simple, more effective, ethical and participatory ways of carrying out

research, monitoring and treatment. Its programmes combine traditional and western systems for

health care and it ensures that individuals and communities are actively involved in all aspects of

public health.describes the inadequacies in the response of the Union Carbide Corporation to the

accidental release of the highly toxic gas, methyl isocyanate, from its plant in Bhopal, India in

1984. Over 20,000 people are estimated to have died from exposure to this gas since 1984, with

some 120,000 chronically ill survivors. Union Carbide fought to avoid compensation or to keep

it very low. The long, much delayed process of distributing compensation focused on minimizing

payouts to victims. The corporation tried to blame the accident on a disgruntled employee,

whereas key parts of the safety equipment designed to stop the escape of the gas were not

functioning or were turned off. The corporation has always sought to underplay the health effects

and has refused to release its research on the health impacts of the gas (which could have helped

develop more effective treatment). In addition, the medical services in Bhopal have failed to

develop a health care service that offers sustained relief and treatment to the communities most

affected. This paper also describes the work of the Sambhavna Trust, a charitable body set up to

work with the survivors, and its programme to develop simple, more effective, ethical and

participatory ways of carrying out research, monitoring and treatment. Its programmes combine

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traditional and western systems for health care and it ensures that individuals and communities

are actively involved in all aspects of public health..

4.Bhopal Gas Tragedy: Endless nightmareSubodh Varma, TNN, Dec 3, 2009, 11.52am ISTAuthor subodh varma says that Twenty-five years have passed since that night of terror and death in Bhopal, which saw a cloud of deadly gases explode out of a faulty tank in a pesticide factory and silently spread into the homes of sleeping people. A report of the Gas Tragedy  Relief Department of the state says that the morbidity rate (occurrence of ailments) is nearly 20% among gas-affected persons compared to about 5% among the unaffected population. The pesticide plant from where the gas leaked belonged to Union Carbide India , a subsidiary of the US-based Union Carbide Company. They were asked to pay compensation and arrange for medical treatment Another dimension of the ongoing tragedy of Bhopal is the poisonous chemical waste lying around in the abandoned premises of the pesticide plant. Several committees have inspected it and found 44,000 kgs of tarry residues and 25,000 kgs of alpha naphthol lying in the open since 1984. Various studies have established that the soil, ground water, vegetables and even breast milk have traces of toxic chemicals. 5.BHOPAL GAS TRAGEDY AND DISASTER

Bhopal Gas Tragedy is known to be a cataclysmic in the industrial world , an incident occurring at the Union Carbide plant located in Bhopal , India (Bhargava 1 . The complex reverberations of such a prevalent disaster continued to send quivers through a company , an industry , political and bureaucratic leadership of a nation , and the lawful and policy instruments by which two countries India and the United States had previously sought to reimburse the victims of the tragedy . This disaster had collosal consequences for India 's populace and has come to be known as the Hiroshima of the chemical industry.

6.Seven Convicted in Deadly 1984 Bhopal Gas Leak in India

By: Larisa Epatko June 7, 2010 at 4:31 PM EDT

A court in India has convicted seven former executives of a Union Carbide subsidiary of "causing death by negligence" for a gas leak at a company plant that killed an estimated 15,000 people in the 1980s. The seven men, some of whom are now in their 70s, were sentenced to two years in prison and fined 100,000 rupees, or about $2,175. They were released on bail shortly after the verdict. An eighth man who was charged has since died. Indian authorities also tried to prosecute Warren Anderson, chairman of Union Carbide, who came to India after the leak and

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was briefly arrested, then released on bail.His bail expired a year ago. He is now 89 and lives in New York, and is considered an absconder by Indian courts, reported the Tim

7.Bhopal Gas Tragedy and Dow Chemical: Need for CSR

Sandipa Lahiri Anand 

June 25, 2005

Author of the says that the 1984 Bhopal gas disaster involved a catastrophic failure at Union Carbide Corporation (UCC), pesticide manufacturing plant at Bhopal. India. Over 15,000 people died, and 500,000 injured in the accident. The disaster occurred due to lack of safety measures and inferior technology at the plant. The aftermath of the disaster was improperly handled by the management of UCC as well as Dow Chemical after its takeover. Indian government officials also failed to provide adequate compensation and relief and rehabilitation to the victims. It had been the source of ongoing legal battles in both India and the U.S. Dow being financially sound could have dealt the case on much humanitarian ground but it denied to take any liability and responsibility of the disaster .This case study narrates the management and governmental failures towards the victim and asks for proper CSR approach towards them.

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METHODOLOGY

The word “Methodology” spells the meaning itself i.e. the method used by the researches

in obtaining information. The data (Information can be collected from the Primary sources and

Secondary sources.)

Data collection method-

There are two types of data collocation method-

1. Primary

2. Secondary

Primary data-

Primary data are those which are collected a fresh and for the first time, and thus happen to be

original in character.

Method of Primary data collection

1. Observation method

2. Interview method

3. Questionnaire method

Secondary Data

Secondary data means data that are already available, they refer to the data which have

already been collected and analyzed by someone else. In this case he is certainly not

conformed to the problems that are usually associated with the collection of originals data.

Secondary data may either be published data or unpublished data.

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My data collection in primary source was questionnaire and schedule. In secondary

source of data collection I have use internet, magazine, books, and Indian journal of

marketing.

Researcher must be very careful in using secondary data. He must make a minute scrutiny

because it is just possible that the secondary data may be unsuitable or may be inadequate

in the context of the problem which the researcher wants to study.

Source of Secondary data

The secondary source of data collection is the Books, Internet, News paper, etc. These are

the secondary source of data collocation.

Research methodology:-

My research work is EXPLORATORY RESEARCH as it focuses on the exploration of the facts. It will collect secondary data and my study will be based on that

ANALYSIS

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Around 1 a.m. on Monday, the 3rd of December, 1984, in a densely populated region in the

city of Bhopal, Central India, a poisonous vapor burst from the tall stacks of the Union

Carbide pesticide plant. This vapor was a highly toxic cloud of methyl isocyanate. Of the

800,000 people living in Bhopal at the time, 2,000 died immediately, and as many as

300,000 were injured. In addition, about 7,000 animals were injured, of which about one

thousand were killed. After the incident, over the next few years, numerous studies were

conducted, many theories were explored, and the involved parties accused each other. In this

paper, I will try to explore the various causes offered for the tragedy. In the course of my

research for this case study, I came across many articles that put blame on various people

and groups involved in the tragedy. I found , no proper case study of the Bhopal gas disaster

has been made to draw lessons for future contingency planning to deal with similar disaster

It goes to the credit of the authorities of Madhya Pradesh and the Government of India and

of Rajiv Gandhi, who had just then taken over as the Prime Minister, that without any previous

experience of dealing with that kind of situation, they rose to the occasion and did whatever they

could to save lives at tremendous risk to themselves. Despite their praise-worthy efforts, over

3500 people died---- as many as during the 9/11 terrorist strikes in the US. 

 It also goes to the credit of Rajiv Gandhi that he realized the importance of contingency

planning to deal with similar disasters in future and set up a special cell in the Ministry of Home

Affairs for this purpose. This cell allegedly stopped functioning after he left office as the PM in

1989. Contingency planning for disaster management started receiving the attention it deserved

only after 9/11

Observation

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Through this term paper i observed that since 26 years have passed but still the victims have not got the justice and the verdict of a trial court in Bhopal is nothing but a cruel mockery.

Gvernment of India as well as the Government of US were not very much concerned about the justice of the victims and giving punishment to the 7 culprtits.

US President Barack Obama was also not very much interested in closing the chapter of this tragedy by giving jail to the culprits because recently he came INDIA but he did not felt important to visit the victims of this tragedy but before this when he visited INDIA he meet the victims of the MUMBAI ATTACK and stayed their and this shows the negligence of Mr.Barack Obama.

I observed that the people of Bhopal still not forget those dreaded tragedy but they still each and every painful experience of the tragedy and the main reason that why they wont forget the Bhopal tragedy because every day a new baby born with a new ailment or disease which reminds the people of Bhopal that horror night.

Still the victims have some hope that a day would come when they would get justice and the soul of dead victims will get satisfaction

FINDINGS

About two and half decades have elapsed since the incident and much remains to be done to evaluate the toxic effects of MIC using experimental modalities in a comprehensive manner. The

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global scientific community considers the exposure and toxicity assessment incomplete [39]. Similar thoughts have been voiced by international groups who have advocated investigations on the toxicogenomic effects of MIC using cutting edge technologies [3-4,7-8,11,40]. The importance of such experimental studies cannot be understated since any alterations at genomic and/

or epigenetic level can have long term health consequences that may range from accelerated ageing, carcinogenesis, immuno-compromised states and, more importantly, vertical transmission of genetic aberrations.

Redcomendation

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 More than 25 years after the infamous Bhopal gas disaster, the verdict of a trial court in Bhopal is nothing but a cruel mockery of justice. With charges already diluted by the Supreme Court of India, the June 7 trial court verdict could only be a formal burial of justice. Not only does the verdict insult the victims of one of the world’s worst industrial disasters by letting off, either scot-free or with a ridiculously light sentence, the mighty CEOs who were the chief perpetrators, it amounts to an assurance to multinational corporations that they will enjoy total impunity in India even when their negligence and violations of regulations leads to the loss of thousands of Indian lives and injury to several thousand more. The government not to rush with the crucial legislation. In light of bitter experience of Bhopal, the government should reconsider the nuclear bill seriously. More than 25 years later, nothing much has changed. Even today, the Congress-led UPA government is busy shielding Union Carbide and its successor Dow Chemicals, while shedding crocodile tears for the victims of these companies, who are denied justice as well as clean up and compensation. Moreover, it is further seeking to send suitable signals of submissiveness and sell-out to US multinational corporations by pushing the Nuclear Liability Bill which will institutionalise the impunity that Carbide-Dow have enjoyed in the Bhopal case, by protecting US reactor supplier firms in advance from any responsibilities towards compensation or clean up in the event of any disaster. The GoM recommendations are also silent on the prevention of future Bhopals: they ignore the protection offered to future corporate offenders by the Nuclear Liability bill.

If justice is to be served, what we need and must demand is an independent and time-bound probe to fix culpability for the escape of Warren Anderson, and for subsequent attempts to absolve Dow Chemicals of responsibility. Dow must be made to pay for cleaning up the polluted sites and for medical care of the victims and must be blacklisted forthwith, the Nuclear Liability

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Bill must be scrapped, and Bhopal victims must be guaranteed not only comprehensive compensation and clean up, but also justice. Only these measures can ensure that the tragedy of Bhopal and its shameful consequences are never repeated on Indian soil!

The US government should accept the submission of the government of India that “the corporation and its subsidiaries are treated as a unit, without regard to the location of responsibility within that unit”.

The US government must take note of the verdict by the Chief Judicial Magistrate, Bhopal, Madhya Pradesh, and in the interest of justice for the Bhopal victims, the US government should expedite the process of extraditing Warren Anderson at the earliest

In memory of victims of Bhopal, US and Indian governments should call for a mandatory regime for regulating transnational corporations unlike UN’s voluntary Global Compact and reject the report of the United Nations Secretary-General’s Special Representative for Business and Human Rights wherein it underlined the need for voluntary regulation and self-compliance by the companies saying, “While corporations may be considered `organs of society', they are

specialized economic organs, not democratic public interest institutions."

Future perspective

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The Bhopal gas tragedy is undoubtedly one of the worst industrial disasters in the history of mankind. The incident triggered interest from industry, academia, and legislature, and is widely acknowledged as one of the defining events in the history of process safety. India has been experiencing rapid industrialisation with gross domestic product (GDP) per capita going up to US$ 2900 in 2004 and the economy continues to grow at over 7-8% every year. Rapid industrial growth has contributed immensely to the economic growth but there has been significant cost in the form of environmental degradation and increased public health risks. Increasing awareness of potential exposures to exogenous non-biological agents arising out of human activity will become an important issue for this century. These exposures and their consequences generate many questions like health safety, safety of progeny, issues on compensation and punishments and so on. Although accidents involving MIC or an accident of similar magnitude may or may not recur, but for a country like ours which is fraught with human, environmental and economical perils, dissecting out the long standing effects of the disaster will be of immense value and significance while encountering future chemical disasters. Although there has been an international consensus on the fact that the nature, severity of damage and sufferings in the survivors of the accident are of superlative order, attempts at understanding the persistence of long standing effects are lagging from both academia and industry. The study of human aspect of the tragedy had perhaps lagged behind and there has been lack in strategic planning to institutionalise studies on the long-term health consequences of the tragedy. Investigations conducted so far have also raised a new question of for how long the gas victims would continue to suffer from multi system disorders and whether their forthcoming generations would also be affected by these abnormalities. In-depth molecular studies of ocular, respiratory, reproductive, immunological, genetic and psychological health must be continued if we wish to understand the extent and severity of long term effects associated with the disaster. To cover up the inadequacies in medical care, the authors strongly suggest the necessity for long-term monitoring of the affected community and use of appropriate methods of investigation that include well- LAST SBMSSNdesigned cohort studies for such conditions, characterisation of personal exposure and accident analysis to determine the possible components of toxic cloud as the investigators have noted several clinical and epidemiological inadequacies, including poor study design, bias and inaccurate exposure classification. Studies aimed at understanding increasing morbidity of MIC exposure carried out on cultured cellular model systems will provide a framework of understanding the potential mechanism of toxicity of a host of other exposures and may also uncover unique abnormalities in the survivors thereby stimulating efforts to design newer and more effective diagnostic and therapeutic strategies for helping the survivors. While it is most unfortunate that the accident has occurred, this has opened up an immense opportunity to learn about adverse effects of MIC. In fact, the ramifications of such findings would aid in shaping strategies for preventive management of future industrial disasters and refining risks that mankind faces from chemicals and other environmental hazards.

Conclusion

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In-depth molecular studies of ocular, respiratory, reproductive, immunological, genetic and psychological health carried out so far have helped to understand the extent and severity of long term effects associated with the disaster.

Long-term monitoring of the affected community and use of appropriate methods of investigation that include well-designed cohort studies for such conditions, characterization of personal exposure and accident analysis have helped to determine several clinical and epidemiological inadequacies, including poor study design, bias and inaccurate exposure classification of studies conducted previously on victims of the tragedy.

Studies aimed at understanding increasing morbidity of MIC exposure carried out on human cultured cellular model systems have provided a framework of understanding the potential mechanism of toxicity of a host of other exposures and that might uncover unique abnormalities in the survivors thereby stimulating efforts to design newer and more effective diagnostic and therapeutic strategies for helping the survivors.

Refrences and Bibliography

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http://www.proquest.com

http://www.ndtv.com/album/detail/bhopal-gas-tragedy-who-is-warren-anderson-7535/7?cp:

http://www.ndtv.com/album/detail/bhopal-gas-tragedy-who-is-warren-anderson-7535/10?cp

http://www.authorhouse.com

NEWSPAPER AND JOURNALS

1THE TIMES OF INDIA

2THE HINDU

THANKS....!!!

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