– 26 years later, still poses the question -  How Indian is the Indian State?

 One by one, the blocks added on in the events after the night of 2^nd – 3^rd Dec., 1984 when MIC gas poured out from the Union Carbide factory in Bhopal and wrapped the city in its lethal cocoon. The judicial verdict delivered by the CJM Bhopal on 7^th June, 2010 is actually only a derivative – but it carries the essence of the drive which has permeated the entire events related to the Gas Tragedy. The drive is of the Indian State – Central Govt., Judiciary,- and the subservient media to sellout the interests of the Indian people, of the dead and dying victims of Bhopal especially to protect and defend the interests of American MNC Union Carbide. Through 26 years this drive has been steady and unwavering. Today when the natural culmination of the drive has come in a judicial verdict giving 2 years jail to 8 officials for 35000 deaths and lakhs of living deaths, the protection is still on. Behold the farce of the daily Press convulsed over the judgment, of ex officials exposing the obvious truth and politicians of the Congress pointing fingers away from the then Rajiv Gandhi led Central  Govt. – all to preempt and subvert the anger of the people, by saying all the obvious things and of course doing nothing.

            The Bhopal Gas Tragedy – the most massive industrial disaster in the world. Involved is  an American MNC which well knew that this disaster was waiting to happen The successive Govts of India – the Central Govt. of Rajeev Gandhi which first arranges for Anderson to leave India unhampered (1984), then along with Supreme Court agrees to drop all charges against UCC for a meagre compensation  (1989), the Central Govt. of Manmohan Singh whose ministers agree to absolve Dow Chemicals of all liabilities, and 6 years of NDA Govt. which  reports state was not over anxious for justice. The Supreme Court, which brokers a deal in 1989 against the interests of the country, the Supreme Court 1996 which dilutes the charges from 304 (II) to 304 (A) IPC; the CJM in 2010 who uses the curtailed space before him to serve the UCC by allowing sentences to run concurrently over 2 years, instead of sequentially which would give 4 years in jail. And always the Govt. of India with its refusal to allow proceedings for extradition of UCC Chairman Anderson who lives openly in New York. Now Cong spokesperson Jayanti Natarajan joins American Govt. to imply that bygones should be allowed to be bygones.

            All over the country, people are showing that they have already internalized even if not fully understood the lessons of the past 63 years since 1947. Repeatedly, the Govt. of the day stands with MNCs and imperialism – it is one pole and the people the other. The Indian State is ready to sell its people and their interests and all its wings connive with each other to allow this to be so. Bhopal is but the most blatant, most horrific, most obvious example of the  subservience to imperialism of the rulers of India. And thus today the people have burst out in struggles against attempts by various Govts to seize the country’s lands, ransack its resources for the sake of MNCs and corporates. People fought for justice not only in Bhopal but also against Enron, against opening of Telecom sector, against so many examples where Govts and courts subverted the struggles. Now that the people are fighting back, the state is showing how for it can go in the service of imperialism. It has declared war against peoples’ struggles in the name of fighting Naxalism.

            Thus the question about  Bhopal too, stands forth starkly. Could there ever have been justice ? The Govt., the judiciary, the other arms of the state stand with MNCs, big corporates, imperialists against the people of Indian. This alone is the truth and Bhopal illustrates this.

2^nd – 3^rd Dec, 1984 

            The story of the Bhopal tragedy proceeds this fateful night. Stories used to abound in the local press of the poisonous effects of the chemicals used in the Union Carbide Company, situated in a densely populated area in the old part of Bhopal. On 25^th Dec., 1981 one person died to phosgene leak. On 9^th Jan. 1982, 25 workers were hospitalized due to a gas leak. In 1981, the issue of the gas leak was raised many times in the state assembly. In June 1982, following the hue and cry, a team of experts from the company’s Headquarters visited the factory. It warned that if adequate measures are not taken, leakage of MIC gas was a distinct possibly. It asked the parent company to look into the issue. (TOI 12^th June 2010) After the gas leak in 1984, the UCC released this report in America to the media on 10^th Dec.1984.  In a safety audit carried out the same year 30 major hazards were identified. Did Anderson have no knowledge of these issues? Could he dare to store poisonous MIC gas under precarious conditions or otherwise, in a highly populated area in any city of America ? Would the US Govt. allow him to do so ?

Emergency and MIC

Evidence has now come out to show that permission to produce pesticides using the highly lethal MIC gas in this factory, which was granted to the UCC during Emergency, faced opposition from the concerned ministry’s officials. Its application was pending since 1970. According to the then Deputy Director in the Union Ministry of Industry, the entire department was against granting the industrial license feeling the ‘technology was obsolete’ and was being ‘dumped’ in India. The license was granted four months after Emergency was declared amid ‘rumours of political interference’ which were thick and fast.

            In 1984, the factory inspector wrote a report against safety conditions in the factory. Not only was heed not paid either by the factory management or by the Labour Dept concerned which did nothing to enforce safety standards, as the factory was showing losses so the maintenance supervisor was eliminated from most work shifts – including the night. The MIC antidote spray which was to come into effect if there was a gas leak was not functioning for the same reason. The method used to clean the tanks and pipes- and it was also seen by the team of experts in 1982 – used water which would immediately react with the stored MIC if there was any contact. This method continued to be used. The pipelines of the tanks were corroded – they remained unchanged. Overall, the technology being used was outdated, hazardous and faulty. Was the UCC chairman unaware of all this?

            On the night of 2^nd – 3^rd Dec, the shift started cleaning procedure at 9 pm. Water entered Tank 610 which had 42 tonnes of MIC. The reaction was speeded up by iron from the corroding pipelines. The gas burst out and sent off an internal siren at 12:50 am on 3^rd morning. Thus did the workers on duty escape its wrath. The UCC management sounded no general warning; in fact at 2 AM its Director denied any gas leak. Its officers lied to the General Hospital doctors about the nature of the gas. And despite the overwhelming evidence, UCC put down the leak to ‘a disgruntled worker’.

How the Central Govt. of Rajiv Gandhi arranged the escape of UCC Chairman Warren Anderson out  of India from custody in Bhopal

            3000 dead immediately, 35,000 to die, over 5 lakhs already and  more  if future generations are included, to suffer from the effects. Pablo Barthlomew, who captured the picture of a dead child which became the face of Bhopal, saw black and white photos of Bhopal at 9 PM at a dhaba near Lucknow on 3^rd night– saw the dead dumped on each other being carried in wooden hand carts and went to Bhopal.

            But what did the Govt. of India do who in any independent country acts for its people ? An FIR under Sec 304 (B) IPC holding named UCC officials guilty of ‘culpable homicide not amounting to murder’ had been lodged on 3^rd night. On 7^th Warren Anderson come to Bhopal, was arrested by the police, placed in custody in the posh UCC guesthouse by Cong Govt. headed by CM Arjun Singh. The Govt. went public that it had done its duty by the thousands of affected people. But, as has now been clarified by officials in the foreign ministry and the then Deputy Chief of Mission of US Embassy, Gordon Streeb, he had come with an undertaking of ‘safe passage’ by the Govt. of India.

            The ex-District Collector Moti Singh has publicly spoken now that Anderson was flown in the CM’s official plane to Delhi. Former Director Aviation Bhopal, RS Sodhi said he received a call from the CM Office to arrange the flight. Anderson was given bail on a personal bond promising to return if needed. Two cars – one with the SP of that time, the second with Anderson and the District Collector, went to the airport. The pilot has said he did not know his passenger. who travelled alone after being waved off by the DC and SP. As per procedure the pilot called the airport manager to arrange a car for the VIP. On reaching Delhi he took his passenger to the airport manager’s office where a car and a person were awaiting them. The passenger drove off in the car.

            We know that subsequently Anderson had tea with Zail Singh the then President of India, and flew out to America the same day. Did the CM of MP arrange the visit to the President ?  Can the President’s iterinary be fixed without the knowledge of the PMO office ? In fact, Arun Nehru has stated that Anderson met both the President and Home Minister Narasimha Rao.

            Congressmen themselves have pointed to the dictate of America. Obviously the Central Govt. by Rajeev Gandhi complied with the dictates and acted for the imperialism against the rights of it own people despite the mass murder wrecked on Bhopal. Is this the act of an independent Govt. or the servility of a comprador?

            Now the charade is on to say the Govt. of MP acted without the knowledge of the Centre. Apart from a clinching CIA report of Dec. 1984 which was declassified in Jan 2002 and is quoted below, there are others who have spoken. PC Alexander, who was in the PMO said that so long as he was there in Office (till 45 days after the tragedy) no explanation was sought from MP Govt. for Anderson’s release. The Cabinet Committee which sat on Bhopal on 10^th Dec. 1984 did not discuss Anderson’s release. CM of MP Arjun Singh was a special invitee and he was not asked for any explanation.

            The CIA report tells us quite clearly what nature of Govts we have. It says that the Central Govt. ‘was quick to release the UCC Chairman from arrest yesterday’. (i.e. it was written on 8^th Dec. 1984). It explains “New Delhi believes state officials were overtly eager to score political points against the company.”  

 Following the meeting of the CEO forum of US (HT 12^th June 2010) in 2006, Andrew Leveris, Chairman Dow, wrote to India Ambassador to US to ask India to ensure that “Govt. of India leaders……. work with all the ministers of the central Govt. to ensure that their stated position is reflected in any and all statements” after stating that the Govt. of India’s representatives to the meeting had stated that Dow “is not responsible for Bhopal.”

            The other face- 6 years of NDA Rule. Attorney General of India, Soli Sorabjee, after consulting  some legal opinion of US told the Vajpayee Govt. in 2001 that  proceedings for extradition of Warren Anderson to India may not succeed.” This opinion was accepted as final and the Govt. ceased to pursue the matter. Sorabjee himself has recently stated that he did not say that it would be illegal or impermissible to demand extradition. A second opinion could also have been sought. Anyway there is no reason why the Govt. may let off the pressure simply because a US law firm says the US Govt. is unlikely to give up Anderson.

There is more. In February 1989, the Judiciary brokered a one time “settlement deal” between Govt. of India acting as sole representative of the afflicted of Bhopal and the UCC. It settled all compensation along with civil and criminal liabilities for 470 million dollars (713 crore rupees). The judge in question was Chief Justice R.S. Pathak. This sum is exactly equal to the money received by the UCC as insurance claim along with the interest on the sum till that date. The Central Govt. involved was of Congress and Rajiv Gandhi the Prime Minister. Incidentally this 470 million was 14.6% of the actual sum demanded (3.3 billion dollars). This settlement has given around 12,000 rupees per victim for the most massive industrial tragedy in the world. Clearly the Govt. is not the representative of the interests of our people or our country, sole or otherwise.

The Congress continues on the  same course, so does the BJP, Abhishek Singhvi and Arun Jaitley (T01, 12^th June 2010) both gave the same advice to Dow Chemicals in 2006. It was “not liable” for UCC even though it had bought the entire assets of Union Carbide Corporation including the plant at Bhopal. Full servility before imperialism continue to say Manmohan Singh and Chidambaram, including  making a virtue out of declaring a war against peoples struggles since 2009 to effect displacement from land and  loot of resources forcibly in order to serve imperialism

So Tata gives a conditional proposal that a Site Remediation Fund of Indian corporate will clean up the toxic wastes left behind by UCC inside the factory premises in Bhopal IF American MNC Dow Chemicals is released from liabilities. It is another matter that Tata and others of his ilk do not bother to fill the great yawning gaps in the land in the country where lie their discarded open cast mines.  No to Corporate responsibility of MNCs towards people of poor countries, yes to subservience by servile corporates of India especially when actually the Indian people will actually be made to pay for the cleanup. No MNC need ever fear that it will be held liable for anytime it does in India. Then on, it is only a logical step towards the Nuclear Liability Bill and all out attempts to let off  at least foreign suppliers from all liabilities. Incidentally in the GoM of UPA -I, chaired by Arjun Singh which considered Tata’s proposal, it was rejected as it was  a “conditional offer to absolve  Dow Chemicals”.

After rejection, the GoM said “the matter may not be referred to the Union Cabinet again.” The context of the Tata offer was that the Govt. had in Jabalpur High Court asked HC to direct Dow Chemicals, UCC and Ever Ready companies to deposit Rs.100 crores each as advance and the Court could then decide which of three were the  polluters and  could  recover the entire expenditure from the same.

New GOM is to serve imperialism anew- slap on peoples anger    

            But the issue of “remediation” is back before the GOM reconstituted in 2010 June (official date 26^th May) to look into “all aspects” of Bhopal. And this agenda of Dow has become an issue of the Govt. of India chiefly due to two ministers, Chidambaram and Kamal Nath, as of course the PM, all advocates of servility to imperialists. One need only recall Kamal Nath’s role in trying to facilitate imperialist dictates in the latest failed rounds of WTO talks. Chidambaram in fact heads the new GOM and the places servility to imperialists’ interests before the people and the country unabashedly. Originally Dow lobbied for these measures in 2006 promising substantial investments in India. Chidambaram (Finance) and Kamal Nath (Commerce) endorsed letting Dow off the hook. In 2006 – 2007 (documents obtained by RTI show) both recommended that a Site Remediation Trust” be set up by funds from Indian corporates and Dow be freed to “send an appropriate signal to Dow Chemicals which is exploring investing  substantially in India and to the America business community. “(Kamal Nath’s memo of Feb. 2007). Chidambaram wrote in the wake of Indo – US CEOs Forum meeting in Oct. 2006 about Tata’s offer, ”I think we should accept this offer and constitute a Site Remediation Trust”. Following the notes of the two Ministers the Cabinet Secretary in April 2007 recommended that the existing GoM be reconstituted with appropriate changes in its mandate. Three year later, even as the country is seething with anger at the can of worms of the Govt.’s role that the Bhopal judgement has opened, the Govt. has reconstituted the GoM with this very agenda. It is a slap on the face of the country and an open siding with the MNCs and with imperialist America. The “wider” mandate of the new GOM is due in large part to the proposals of these ministers to allow Dow to go scot free. Between July 2006 – 2007 Tata wrote to Chidambaram, to Montek Singh and then to the PM asking for Dow’s views to be considered that the Govt.’s demand in the Jabalpur court for a deposit be withdrawn so that good investment climate is created and himself offering the Trust. The P.M. Man Mohan Singh then asked for “serious consideration of Tata’s proposal” (Hindu, June 11, 2010) prompting the Cabinet Secretary’s letter.

India’s Judiciary Stands up Repeatedly in Service of the MNC

            On 3^rd Dec., 1984, FIR was filed in Bhopal against UCC under sections 304(II), 336, 337, 338 IPC (latter three pertain to negligence). On 6^th Dec. 1984, the case was transferred to CBI.  The CBI filed a charge sheet on 1^st Dec. 1987, naming Warren Anderson, UCC and 8 other accused (from local management) In 1989 Feb. Chief Justice R. S. Pathak of Supreme Court brokered an “exchange deal”. Following a petition in the Supreme Court from the victims the criminal case was restarted in 1991 by the Supreme Court. In 1996 the case again came up in the Supreme Court on the plea of the accused before Chief Justice Ahmadi. He changed the Sec. 304(II) to Sec 304(A) i.e. of criminal negligence alone despite many prior judgments of Supreme Court substantiating that in such a case Sec 304(II) was clearly made out. He has even today tried to justify his judgment by likening the tragedy to a motor vehicle accident and asking why no one asked for a review. But a review petition was filed by the victims, came up before Justice Ahmedi in 1997 and was rejected. Thereby, a case where the punishment could have been 10 years in jail dwindled to 2 years in which immediate bail was possible and was taken. That Justice Ahmedi was well rewarded was ensured by the Supreme Court which offered him the post of Head of the Memorial Hospital for Bhopal Victims opened by UCC in Bhopal. Justice Ahmedi of course had no qualms on the matter and holds the post even today.  In the same spirit, while the least the CJM Bhopal could have done was to have the sentences run sequentially for over four years he too did his best in the service of UCC and let them run concurrently. Even more blatantly, he fixed a fine of a mere one lakh per guilty. This amount is not based on any logic. The CJM had the power to fix any fine which he found justifiable. The minimum he could have done was to invoke the figure of 3.3 billion dollars which had been demanded so many years earlier. Incidentally Warren Anderson‘s name is not  among the guilty.

            The ex Joint Director CBI Shri Lall has now gone on record to say that the MEA forced dilution of the extradition process. Greenpeace and hundreds of activists linked to Bhopal know the location of Anderson in New York. While in India it is being suggested that it “will not aid’ justice to “extradite an old man”, No such consideration is of course ever wasted on the thousands of old men languishing in jails all over India sometimes without a single hearing and that too for petty crimes. America is totally against the extradition. It is of course another matter that in the matter of British Petroleum’s leak in the Gulf of Mexico the company is being sued for huge amounts by America for the deaths of birds and eleven American deaths. After the Judgment of Bhopal, Robert Blake Asst. secretary of State of South and Central Asia said the US Govt. ruled out review of investigations and refused to discuss extradition. The Bhopal Group of Information and Action has stated (8^th June 2010 Hindu) “Documentary evidence is there to show that way back in 1973, then chairman of UCC of the US, Warren Anderson, was fully aware and actually approved the untested technology to go to Bhopal and that he was aware that it was hazardously designed and planned in an unsafe location and was being run is an extremely unsafe manner.” Yet Congress spokesman Jayanti Natarajan says it is in National interest to let bygones be bygones. Now Pranab Mukherjee says that Anderson was left to walk free to “keep the peace in Bhopal”.

 Intensifying struggle against Comprador Rule is need of the Hour.

            That the Bhopal issue survived to ever see a day of Judgement 26 years later is due to the courage and perseverance of the thousand of survivors in their various organizations and to thousand of other people’s organizations who stood by them. Every year on 4^th Dec. all over the country, processions, rallies and dharnas kept alive the struggle for justice. These were mostly ignored by the media and govts.

            The Bhopal Gas Tragedy and its aftermath is a lesson which exposes the pro-imperialist facets of the Indian State. Right from the first day, and concretely from 7^th Dec., the drive of the Govt. of India was clear- facilitate the MNC, satisfy American imperialism. 26 years later the priorities are same but even more overt, as the GoM to discuss re-mediation is announced even is the thick of the country’s coming to face of how it has been betrayed. Maybe this should be counted as the little silver lining of this terrible betrayal- that it has brought the people of the country face to face with the real character of their rulers and of the judiciary.

            1984 December – the country ravaged by the Congress sponsored anti- Sikh Violence following Indira Gandhi’s killing on 31^st Oct. A communal polarization being kept alive in view of the imminent elections and the Congress Govt. acting steadfastly to betray the country and the people.

            It is for the people of India to see that the events in Bhopal but mirror the reality of India. Our state stands on one pole with imperialism, its MNCs, its corporate interests to loot our people, exploit our resources, use us for storage of poisonous material, give expensive safety standards a go bye, and stamp out with repression the fight back of the people. To look for justice within this system by appealing to its courts, through dharna and processions as the victims of Bhopal have kept burning themselves for past 26 years well only have this end- betrayal. The fight has to be to throw off the comprador rule and their imperialist masters off the backs of the people and the country. Bhopal Gas Tragedy underscores the burning need for New Democratic Revolution in India.

    (To be continued)