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BHOPAL GAS TRAGEDY.......TERM PAPER

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Term paperBUSINESS ENVIRONMENT

TOPIC BHOPAL GAS TRAGEDYSubmitted to:MISS.NEHA B HARDWAJ submitteby:AFIFA NAZIM YASMEEN

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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

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PREFACE 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.

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

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

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INTRODUCTION

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-IIPage 6 of 30

(culpable homicide not amounting to murder) and 336, 337 and 338 (gross negligence) of the Indian Penal Code.

Objectives of the term paper

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.

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PERSON BASICALLY RESPONSIBLE FOR THE TRAGEDY 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 sourcePage 8 of 30

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 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 notPage 9 of 30

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. Colin H. Gonsalves is a Supreme Court advocate and founder, Human Rights Law Network.Respond at [email protected] 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 Honble 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