A local court on Monday sentenced eight former Union Carbide of India Ltd (UCIL) executives to two years’ imprisonment for the criminal negligence that led to the Bhopal gas disaster of December 1984. But two hours after the sentencing, the convicts were freed on bail on personal bonds of Rs 25,000 each. The court also fined them Rs 1 lakh each and UCIL Rs 5 lakh, report agencies with inputs from BBC News.
The tragedy claimed more than 15,000 lives and affected the health of 500,000 when nearly 40 tonnes of a poisonous gas emitted from the now defunct Union Carbide factory on the night of December 2-3, 1984.
There was tension on the court premises, where prohibitory orders were imposed, as Chief Judicial Magistrate Mohan M Tiwari announced the verdict.
The convicts include the top brass of UCIL in 1984: the then chairman Keshub Mahindra, Vijay Gokhle, SP Raichoudhary, Kishor Kamdar, J Mukund, KV Shetty and SI Qureshi. Another person convicted, RB Rai Choudhary, has passed on.
US-based Union Carbide on Monday said it was not subject to the jurisdiction of the Bhopal court and that none of its officials was involved in the operation of the plant. “Union Carbide and its officials were not part of this case since the charges were divided long ago into a separate case,” a company statement said.
“Furthermore, Union Carbide and its officials are not subject to the jurisdiction of Indian court since they did not have any involvement in the operation of the plant, which was owned and operated by UCIL,” the statement read.
The convicts have the option to move the sessions court and subsequently the higher courts against the verdict. Three other accused in the case — one and two corporate entities — were declared absconding: the then chairman of Union Carbide Corporation (worldwide) Warren Anderson, Union Carbide Corporation and Union Carbide (eastern) Hong Kong.
The case began in December 1987 after the CBI filed a chargesheet in court. Since then, 20 CJMs heard the case. There were 256 hearings in all.
The hearings were suspended briefly after the Supreme Court ratified an out-of-court settlement between Union Carbide Corporation and the Indian government in 1989. By the terms of the agreement, the company got immunity from all civil and criminal liabilities relating to the gas disaster.
Proceedings resumed in 1991 after the Supreme Court restored criminal charges against the company and its officials in response to a petition by two NGOs — Bhopal Gas Peedit Mahila Udyog Sangthan and Bhopal Gas Peedit Sagharsh Sahyog Samiti.
However, a Supreme Court Bench in 1996 diluted the charges against the accused from culpable homicide to criminal negligence.
Reactions
The convictions have been heavily criticised by campaigners.
Amnesty International described the two-year sentences for eight people as “too little, too late”.
The convictions are the first since the disaster at the Union Carbide plant – the world’s worst industrial accident.
The eight Indians, all former plant employees, were convicted of “death by negligence”.
One was convicted posthumously. The others are expected to appeal.
Nityanand Jayaraman, of the International Campaign for Justice in Bhopal campaign group, told the BBC the punishment imposed on Union Carbide was wholly inadequate.
“I share the Bhopalis’ sense of outrage and betrayal,” he said.
“I feel that it portends ill for the country that industrialists and corporations are being told that they can actually get away with murder, and today’s verdict is essentially that – a signal that [after] the world’s worst industrial disaster, the people who were accused of that are just being let off with a rap on the knuckles.”
Satinath Sarangi, an activist also campaigning on behalf of Bhopal victims, told the BBC that justice would not be done until US executives from Union Carbide at the time of the incident – including the company’s former head, Warren Anderson – were brought to India to face justice.
“This is not the justice that we have been waiting for, because the principal accused – Warren Anderson, Union Carbide corporation USA – are not here,” he said.
“The charges that have been [laid] on the Indian accused have essentially been the charges that you would put for a traffic accident. This is indeed a very sad day for us.”
Forty tonnes of a toxin called methyl isocyanate leaked from the pesticide factory and settled over slums in Bhopal on 3 December 1984.
Official figures show at least 3,000 people died at the time and as many as 15,000 have died since.
Campaigners put the death toll as high as 25,000 and say the horrific effects of the gas continue to this day.
‘Unacceptable’
Amnesty International also called on the Indian and US governments to take legal action against US executives of Union Carbide.
“These are historic convictions, but it is too little, too late,” said Audrey Gaughran, an Amnesty director.
Rashida Bee, president of the Bhopal Gas Women’s Workers group, told the AFP news agency that “justice will be done in Bhopal only if individuals and corporations responsible are punished in an exemplary manner”.
Although Warren Anderson was named as an accused and later declared an “absconder” by the court, he was not mentioned in Monday’s verdict.
The eight convicted on Monday were Keshub Mahindra, the chairman of the Indian arm of the Union Carbide (UCIL); VP Gokhale, managing director; Kishore Kamdar, vice-president; J Mukund, works manager; SP Chowdhury, production manager; KV Shetty, plant superintendent; SI Qureshi, production assistant. All of them are Indians.
The seven former employees, some of whom are now in their 70s, were also ordered to pay fines of 100,000 Indian rupees (£1,467; $2,125) apiece.
The site of the former pesticide plant is now abandoned.
It was taken over by the state government of Madhya Pradesh in 1998, but environmentalists say poison is still found there.
Campaigners say Bhopal has an unusually high incidence of children with birth defects and growth deficiency, as well as cancers, diabetes and other chronic illnesses.
Twenty years ago Union Carbide paid $470m (£282m) in compensation to the Indian government.
Dow Chemicals, which bought the company in 1999, says this settlement resolved all existing and future claims against the company.
Bhopal residents describe the impact of the disaster and give their reaction to the sentencing.
Justice delayed is justice denied. Two years prison sentence after 25 years is too little too late.
People in Bhopal have been waiting for justice for too long, but they are also waiting for concrete action to help those still suffering.
We still don’t have proper medical facilities and those affected have to go to private hospitals and pay for their treatment.
The compensation still hasn’t reached the right people and there are many who are desperately in need. Most of the people who registered for compensation were adults – those under 18 were not allowed to register.