Wednesday, December 7, 2011

Remembering A Dark Night

Twenty-seven years ago, a killer gas leaked out of a pesticide factory, owned primarily by the Union Carbide Corporation – an American firm that dealt with production of chemicals, pesticides and fertilizers. A faulty valve caused Methyl Isocyanate, a toxic gas, to leak out late in the night of December 2 1984. Within a couple of hours, the gas engulfed a 40 sq km area around the factory. People were roused from sleep, totally unaware of their impending doom.

The Powers


The Dec 3 issue of The Statesman set the death toll to 410, which rose to 1000 on Dec 4, 1200 on Dec 5 and 2000 on Dec 6. Although the country’s leaders expressed shock at the accident and grief for the deaths, customary hospital visits, media interviews, etc by politicians followed; strong measures against the factory owners were lacking in the immediate aftermath of the accident. The opportunism in the powers was evident from the fact that party labels were visible even in relief efforts.


The People


The factory siren sounded almost two hours after the leak. People living in nearby areas took it to be part of the customary drill. Coughing children were caressed to go back to sleep by their mothers. Only when adults started sensing the gas did people connect the dots and realize what could have happened. All this while, no representative of the factory was sent out to the town to warn people of what was coming. People spilled out on to the streets, with their eyes shut tightly because, to quote a Bhopal resident, ‘exposure to the toxic gas was like having chillies thrown into the eyes’. Owners of private vehicles helped the affected to escape to farther areas. In the ensuing melee, many a child slipped away from the hands of panic-stricken parents. Many of the affected could not even finish their escape – unable to walk any further, their lungs already killed by the toxic fumes, they helplessly slumped down on the streets and died. Whole households were killed; a group of gypsies that had camped near the railway station was wiped out. Within a day of the leak, almost 20,000 people thronged the city hospitals in search of relief and medication.


The Company


The Managing Director of Union Carbide was quick to term the accident as unfortunate, and announced that the leak was effectively sealed within two hours. A lot of the Methyl Isocyanate in the factory had escaped. None of the plant workers were affected by the leak. A Union Carbide spokesperson expressed deep concern over the tragedy, and added that the company had substantial insurance to cover any lawsuits that may be filed against it. On December 5, Union Carbide stopped all production and shipment of Methyl Isocyanate worldwide.


The Present


Health issues such as breathing problems and mental illness, which were initially written off as temporary injuries, have since blown into gargantuan problems for tens of thousands of people, and their offspring, in the vicinity. Physical deformities and stunted mental growth are commonplace among children of affected parents. Scientific analysis of samples from the area reveal that the soil and water around the factory are heavily contaminated with pesticides and fertilizer chemicals, aside from the gas leak.


Union Carbide and the Government of India ‘settled’ the issue with some compensation being paid to the victims – a settlement that might be understood only by the two parties, for it is unacceptable by any standards. $500 for each human life lost - a pittance of a compensation!!! Frustrated with and lacking any faith in their own government, the people of Bhopal have risen against the injustice meted out to them. They demand a just compensation for the atrocities they continue to suffer, and cleanup of their town by the factory owner.


Things are not as simple, though. Sixteen years after the accident, Dow Chemical, one of the largest chemical manufacturers in the world, bought Union Carbide. The new owners claim that they are not legally responsible for an event that happened before the merger of Union Carbide and Dow; and whose compensation was paid off. The people of Bhopal do not believe this argument, and are campaigning against the aforementioned company. Most recently, Dow has signed an agreement with the International Olympics Committee to sponsor all its events until 2020. Groups working for the Bhopal victims are opposing sponsorship of the 2012 London Olympics* by Dow.


Questions


Was the gas leak a result of technical or human failure? Could the enormity of the tragedy been controlled by quick remedial measures? Was the Govt of India prompt and correct in its immediate response to the accident? Were the safety measures in Bhopal identical to those enforced by Union Carbide in US plants? Is enough being done to provide justice to, and safeguard the interests of, the victims of the Gas Leak and all affected people living in areas near the factory?


References


1) While inspiration came from multiple sources, I referred to a compilation of news articles in the immediate aftermath of the Gas Leak: ‘The Legal Aftermath of the Bhopal Disaster: A Collection of Press Clippings and Other Materials (up to May 1985)’ compiled by Marc Galanter and Gary Wilson, University of Wisconsin Law School. Any errors in interpretation or presentation of facts are solely mine.


2) Most of this reading and writing was triggered when I heard of 'Bhopali' - a documentary on the survivors of the Gas Leak. It is a wonderfully made movie that captures the stories of children and youth who live in the aftermath of the disaster. If you get a chance, please watch the movie online, or organize a screening in your campus/locality. More information may be obtained at Bhopali.


* More information is available at Bhopal